Torts & Personal Injury Law
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| alternative dispute resolution | A formal method of resolving a legal dispute without litigation in court.
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| answer | A pleading in which the defendant responds to the plaintiff's complaint.
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| bench trial | Trial in which the judge decides both factual and legal issues.
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| but-for test | A test used to determine causation. "But for" the act or omissions, the event in question would not have occurred.
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| Causation | The chain of events linking the defendant's conduct to the plaintiff's injury.
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| cause of action | A reason for bringing a suit that is accepted by a court.
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| Complaint | An initial pleading filed on behalf of the plaintiff that provides the defendant with the material elements of the plaintiff's demand.
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| contributory negligence | The failure of the plaintiff to take reasonable care, which results in the plaintiff contributing to his or her own injury.
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| custom or usage | What is normally done.
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| Deposition | An oral examination of a witness or party to a suit under oath.
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| disclosure statement | Statement that must contain certain categories of information about the party's case.
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| Discovery | Process through which parties try to find out as much as possible about the other side's case.
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| Factor | One of several considerations that will be weighed in making a decision about reasonableness.
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| Foreseeability | Describes that which one can know beforehand.
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| independent contractor | A person hired to produce a certain product or result and who has considerable discretion in the methods used.
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| Intent | The desire to have something happen.
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| intentional tort | A tort in which a person either wanted to bring about the result or knew with substantial certainty that the result would follow from what the person did or failed to do.
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| jury trial | All factual issues are decided by a jury and all legal issues are decided by a judge.
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| Knowledge with substantial certainty | Substantial certainty that something will happen from what a person does or fails to do.
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| Negligence | The failure to use reasonable care, which causes harm to a person or thing.
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| objective standard | Conduct is measured by whether the event or result would have been foreseeable to a reasonable person under the same or similar circumstances.
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| reasonable person standard | An objective standard. The behavior of the person who is alleged to have committed the tort is compared to what a "reasonable person" would have done in like circumstances.
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| request for production of documents | A party asks the other party for documents that are vital to a case that are in the possession of the other party.
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| requests for admissions | Requests by one party asking that the other party admit certain facts.
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| respondeat superior | Rule that holds that employers are responsible for the torts of their employees if the torts are committed within the scope of the employee's employment.
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| strict liability | Legal liability or responsibility for harm regardless of whether the person causing the harm is at fault or morally culpable.
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| subjective standard | Conduct is measured solely by what defendant actually knew or understood.
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| substantial factor test | A test used to determine causation. A person has caused the harm if his or her act or omission played a significant role in bringing it about.
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| Tort | A civil wrong other than a breach of contract that causes harm or damage for which the legal system provides a remedy.
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| totality of circumstances | Evaluation of all the circumstances leading to the accident and injury.
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| vicarious liability | Liability that results from the actions of another.
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| voir dire | The series of questions asked of potential jurors by the trial judge or lawyers, following which a jury is selected.
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