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Business Law #6
Business Law chapter 6 test
| Question | Answer |
|---|---|
| Define compensatory damages | damages that compensate for a loss |
| Define duty | A legal obligation to do or to not do something |
| Define evidence | materials presented to prove or disapprove facts |
| Define judgment | final result of a trial (determined by a judge) |
| Define negligence | failure to exercise reasonable care (torts based on carelessness) |
| Define proximate cause | an actual cause that is also legally sufficient to support liability |
| Define punitive damages | damages that punish or make an example of the offender/defendant |
| Define testimony | a statement by a witness under oath |
| Define tort | An offense against an individual (private/civil wrong) |
| Define witness | a person with personal knowledge of the important facts |
| what's the difference between a crime and a tort | a crime is is an offense against society a tort is a private or civil wrong against an individual |
| what are the four elements of a tort | duty breach of duty injury causation |
| what compels a witness to testify in court | a subpoena |
| what's the difference between assault and battery | assault is a threat with apparent ability to harm battery is unlawful or harmful touching |
| who decides issues of fact in a jury trial | the jury |
| what is the defense for slander and libel | proof that the statement is true |
| who can a converter be | the thief and/or buyer of stolen goods |
| identify negligence and the defenses for it | contributory negligence, assumption of risk, and comparative negligence |
| define strict liability | a liability that exists even though the defendant was not negligent |
| Define assault | when one person intentionally threatens to physically or offensively injure another |
| Define battery | intentional breach of the duty to refrain from harmful or offensive touching of another |
| Define comparative negligence | when someone's verdict/judgement is decided based in proportion to their involvement |
| Define contributory negligence | when someone's verdict/judgement is decided based on if you were even slightly responsible |
| Define conversion | violation of the right to control your own possessions |
| Define defamation | a false statement that injures one's reputation |
| Define false imprisonment | depriving a person of freedom of movement without the persons consent or knowledge |
| Define fraud | occurs when there is intentional misrepresentation of an existing important fact |
| Define strict liability | exists when a defendant was not negligent, but still liable when engaging in a particular activity that resulted in the injury |
| Define trespass to land | entering onto the property of another without the owner's consent |
| order the steps of a trial | jury selected opening statements from attorneys evidence presented closing statements from attorneys instructions to jury jury deliberates verdict rendered by jury judgement rendered by judge |
| what types of damages can you use someone for (also find examples) | compensatory and punitive |
| what you'll need to identify for 10 cases: | four elements of a tort if it was intentional, due to negligence, strict liability, or contributory negligence if the defendant was liable was not |
Created by:
LilRomano