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CH 5-


Compensatory Damages Damages awarded to compensate an injured person for the injury or loss.
Punitive Damages Damages given for the purpose of punishing the defendant.
Preporanderance of the evidence Degree of evidence necessary for a plaintiff to win in a civil case. Evidence which is of greater weight or more convincing than the evidence which is offered in opposition.
Negligence is a tort that occurrs due to carelessness.It is an accident. The injury wan not intended
Negligence Per Se Limited to violations of statutes and codes relating to electrical fire safety, use of smoke alarms, or driving while under the influence of intoxicating liquors and/or drugs.A plaintiff does not have to prove that the defendant's actions fell below a rea
Objection Used to call the court's attention to improper evidence or procedure. Objections also serve to identify evidence or legal issues that may be taken up on appeal to a higher court.
Strict Liabiliy A legal doctrine that says that some activities are so dangerous that liability will always follow any injury that results from those activities.
Tort French word meaning "wrong". Body of law which determines rights and liabilities when property is damaged or a person is injured, through negligent or intentional conduct. A civil wrong,
What are the three types of torts? 1)Intentional2)Negligent3)Strict Liability
Intentional Tort act that is intented to hurt, embarrass, or scare another person or to damage another person's property. Assault, Battery, Defamation, Intentional infliction of emotional distress, False imprisonment, Invasion os privacy.
What are the 4 factors of negligence (tort)? 1)duty2)breach of duty3)proximate cause4)damage
Mens rea the criminal intent that must be established; the guilty mind
What are the two main categories of crime? 1)Felony2)Misdemeanor
Felony a major crime. it is punishable by a fine, imprisonment and/or both and death
Misdemeanor a minor crime that is usually punished by a fine or jail sentence of less than one year
Slander oral defamation
Libel written defamation
Nuisance everything that endangers life or health, gives offense to the senses, violates the laws of decency, or obstructs the reasonable and comfortable use of property.
What are the 4 types of slander? 1)spoken words2)telling lies3)pubicizing4)causing damage
Res ispar loquitur common law, injured based on defendant's negligence and therefore presumed to be at fault; latin-the thing speaks for itself
Confinement occurs when a person substantially restricts another person's freedom of movement.
Interference with Contract A tort which there is a valid contract, and the defendant knowingly and intentionally caused a breach of the contract, resulting in damages to the plaintiff.
Tresspass Intentional and wrongful interference with possession of personal property of another without consent
absolute priviliage this is a defense to defamation; a protection given to legislators and courtroom participants for statements made relating to the proceedings; encourages people to come forward and speak with out fear of liability.
Proximate cause is the cause that immediately and directly results in a specific event. if a person can eleminate any one of the 4 elemants, the lawsuit will not be successful.
assumption of risk occurs when the victim understood the risk involving in an activity and took the chance of being injured.
comparative negligence is when the negligence of the victim is compared to that of the defendent. A victim who is partially responsible may collect only partial damage.
contributory negligence is when the victim did something that helped cause his or her own injury
defamation a false statement that injures one's reputation
contract an agreement that courts will enforce
offeror the person making the offer
offeree the person to whom the offer is made
offer a proposal that expresses willingness of the offeror to enter into a legally binding agreement
unilateral contract The contracts that have one party issuing a promise and the other party simply performing it.
bilateral contract This is one in which both parties promise to perform certain things
Assault occurs when an individual threatens to harm an innocent person using words, gestures, or both.
Battery occurs when someone deliberately touches another person or that person's clothing against his or her wishes.
False Imprisonment occurs when one person unlawfully restraints another from moving freely. It may involve physical restraint or merely a show on force.
Invasion of Privacy the unwelcome and unlawful intrusion into one's private life so as to cause outrage, mental suffering, or humiliation
Express contract This is a contract that is written or orally agreed to
Implied contract This is a contract that arises from circumstances and not from the express agreement of the parties is called an implied contract.
Quasi contract The term quasi means "as if" and describes the action of a court when it treats parties who do not have a contract "as if" they did.
Voidable contract one party can choose not to honor the contract.
Unenforceable contract This is a contract that cannot be honored judicially because of some procedural problems
Revocation This occurs when the offeror notifies the offeree that the offer is no longer good.
Option An option is a contract in which the offeree pays the offeror for the time needed to consider the offer
firm offer Offer must be made by a merchant, put in some form of record and signed by the merchant; irrevocable
Acceptance This is the offeree's positive response to the offeror's proposed contract, and only persons to whom the offer is made have the power of acceptance.
Promissory estoppels This is used as a substitute for consideration in those cases in which someone acts in reliance on a promise that is not supported by consideration.
void contract contract that courts will not honor. This is a contract that neither side is required to perform, for example an illegal contract.
Counter offer Making a counter offer automatically rejects the prior offer, and requires an acceptance under the terms of the counter offer or there is no contract.
Executed contract This is Contract document signed by all parties to it.
inplied-in-fact contract contract that arises from factual circumstances and professional circumstance.
Created by: sethi6523



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