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civil key terms
| 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 | |
| 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 that 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 injuries |
| conversion | when property is stolen, destroyed or used in a manner that is inconsistent with an owner’s rights |
| court injunctions | is a court order that prevents a party from performing 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 persons 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 any way, then that third party may be liable in tort |
| invasion of privacy | uninvited intrusion into a persons personal relationships and activities |
| meditation | |
| money damages | |
| negligence | is a tort that results when one person carelessly injures another. It is an accidental tort and requires no intent. |
| proximate cause | |
| punitive damages | |
| tort | is a private wrong committed by 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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