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Tort Law_6th Edition_J. Stanley Edwards

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Term
Definition
Action in Trespass "vi et armis"   Early cause of action involving serious, forcible breaches of peace that evolved to encompass even minor physical contact; no showing of fault was required.  
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Beyond a Reasonable Doubt   Standard of proof requiring a showing of almost absolute certainty for each element.  
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Black-letter Law   Legal principles generally accepted by the legal community.  
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Case Law   Case-by-case decision making by the court.  
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Clear and Convincing Evidence   Clear and convincing evidence requires a higher burden of persuasion than "preponderance of the evidence" but less than that required by "proof beyond a reasonable doubt." In most states the standard requires the judge or jury to find the evidence submitted is substantially more likely to be true than not true.  
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Nolo Contendere   Pleas of "no contest"; not an admission of guilt.  
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Preponderance of the Evidence   Standard of proof requiring a showing that each element is more probable than not.  
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Public Policy   Policy of the public or a community that dictates the norms of the community based on its beliefs and values regarding justice, fairness, and equality.  
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Restitution   Compensation given for a crime given to the victim.  
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Slippery-Slope Argument   Argument that once you take a first step in allowing something in one instance, you are in danger of sliding the "slippery slope" into a bottomless pit of circumstances requiring comparable treatment.  
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Tort   Civil wrong for which victim receives compensation in the form of damages.  
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Tortfeasor   One who has committed a tort.  
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Trespass on the Case   Early cause of action involving injuries inflicted indirectly and requiring some showing of fault.  
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