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Civil Cases
| Term | Definition |
|---|---|
| Actual Harm | The victim suffers an injury, has property destroyed or loses a lot of money. |
| Alternative Dispute Resolution | Occurs when parties try and resolve a disagreement outside of the usual court system. |
| 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 | Occurs 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 (assumed risk) of being injured. |
| Battery | The harmful or offensive touching of 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 Injunction | Is a court order that prevents a party from preforming a specific act and may be temporary of permanent. |
| Damages | Is 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 | The 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. |
| Fraud | Occurs when there is an intentional misrepresentation of an existing important fact (that is a lie) which causes the victim to give up a right or something of value. |
| Interference with Contracts | if a third party encourages a breach in anyway, then that third party may be liable in tort |
| Invasion of Privacy | uninvited intrusion into a person's personal relationships and activities |
| Mediation | occurs when parties to a dispute invite a mediator, to help solve problem (Advantage: final decision remains in the hands of the parties) |
| Money Damages | money damages are received as if you suffer a loss as an injured party |
| Negligence | a tort that results when one person carelessly injures another. It is 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 | money payments for damages that go beyond what the innocent party actually lost. Designed to punish the wrongdoer |
| Tort | a private wrong committed by a one person against another |
| Trespass to Land | entry onto the property of another without consent |
| Vicarious Liability | when one person is liable for the torts of another |
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AsianKid
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