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Business Law 1.03
Understand Criminal & Civil Law
| Term | Definition |
|---|---|
| Actual Harm | The victims suffers an injury, has property destroyed or loses a a lot of money |
| Alternative Disputed Resolution | Occurs when parties try and resolve a disagreement outside of the usual stem |
| Arbitration | Giving the power to settle their dispute to a third party |
| Advantage | Often results in a fair solution because the decision is in the hands of an objective third party |
| Assault | When one person intentionally puts another in reasonable fear of an offensive or harmful bodily contact |
| Assumption of Risk | A defense raised when the plaintiff knew of the risk involved and still took the chance of being injured |
| Battery | The harmful or offensive touching or another |
| Breach | When you breach or break, your duty to another person |
| Causation | Means the breach of duty caused the injury |
| Comparative Negligence | A defense that is raised when the carelessness of each party compared to the other party's carelessness |
| Contributory Negligence | A defense whenever the defendant can show that the victim did something that helped cause his or her own injuries |
| Conversion | When property is stolen, destroyed or used in a manner that is inconsistent with an owner's rights |
| Court Injunctions | A court order that prevents a party from performing a specific act and may be temporary of permanent |
| Damages | A payment recovered in court by a person who has suffered an injury |
| Defamation | A false statement that injures a persons' reputation or good name |
| Duty | Obligation to use a reasonable standard of care to prevent injury to others |
| False Imprisonment | The intentional confinement of a person against the person's will and without the lawful ability to do so |
| Fruad | When there is an intentional misrepresentation of an existing important fact which causes the victim to give up a right or something of value |
| Interference with Contracts | A third party encourages a breach in ay way, then that third party may be liable in tort |
| Invasion of Privacy | Entry onto the property of another without consent |
| Medication | Occurs when parties to a dispute invite a mediator, to help solve the problem |
| Advantage | Final decision remains in the hands of the parties |
| Money Damages | Material compensation, essentially money, that are awarded to an injured party in a lawsuit |
| Negligence | A tort that results when one person carelessly injures another. An accidental tort and requires no intent |
| Proximate Cause | When it is reasonably foreseeable that a breach of duty will result in an injury |
| Punitive Damages | Legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages |
| Tort | Deals with breaches of civil duties, rather than a contractual duty or a general societal duty. |
| Trespass to Land | A private wrong committed by one person against another |
| Vicarious Liability | When one person is liable for the torts of another |