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CH 5-
Vocabulary
| Question | Answer |
|---|---|
| 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. |
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sethi6523
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