tort

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Liable, Liability

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40 Terms

1

Liable, Liability

When are party is legally responsible for something

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2

Causation

The action of causing something

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3

Remedy

a form of court enforcement of a legal right resulting from a successful civil lawsuit

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4

Class-Action Lawsuit

a procedural device that permits one of more party to file and prosecute a lawsuit on behalf of a larger group

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5

Complaint

where one party sues another party

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6

Preponderance of the Evidence (Burden of Proof)

To prove something is more likely than not

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7

Malpractice

When a professional fails to properly execute their duty to a client

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8

Plaintiff vs. Defendant

the party who brings a legal action the party being sued

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9

Settlement

An agreement that ends a dispute and results in the voluntary dismissal of any related litigation

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10

Liability Insurance (example: Car Insurance)

an insurance product that provides protection against claims resulting from injuries and damage to other people or property

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11

Tort Reform

a group of ideas that are designed to change the laws of the civil justice system so that the damages are reduced

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12

Statute of Limitations

a law which sets the maximum period which one can wait before filing a lawsuit

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13

Frivolous Lawsuits

a lawsuit filed by an attorney who knowingly brings a case forwards despite a lack of legal precedent or facts

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14

Intentional Torts

Purposeful harm( physical or emotional)

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15

Battery:

harmful or offensive contact of a person

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16

Negligence Torts

Doing or refusing to do something that harms another person( failure to exercise reasonable care)

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17

Strict Liability Torts

Strict action that is seen to be so dangerous that one is assumed to be at fault at injury or damage cause

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18

Compensatory Damages

designed to compensate for harm or loss of money by the plaintiff

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19

Nominal Damages

When the plaintiff was wrong but there was no real substantial or financial harm done

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20

Punitive Damages

designed to punish the defendant

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21

Mediation

Neutral third party attempts to help both sides agree

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22

Arbitration

Similar  but involves a hearing in which both parties can present evidence in a testimony

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23

Assault

does not require contact must have a reasonable fear beyond words

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24

Infliction of Emotional Distress

using words or actions to cause someone anxiety or emotional distress, physical injury is not required

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25

False Imprisonment

confining someone against their will

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26

Defamation

making untrue statements that harms someone's reputation

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27

Libel

written

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28

Slander

spoken

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29

Copyrights

protect creative products ,protected your lifetime plus 70 years

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30

Patents

protect your new inventions ( protected for 20 years)

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31

Fair Use

you can you exerts for educational use but you must give your source

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32

Infringement

unauthorized used of products

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33

Breach of Duty

the defendant's conduct violated this duty

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34

Cause in fact

asks the question: would the harm have occurred without the wrongful act

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35

Proximate Cause

Requires that the harm must be a reasonably foreseeable act

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36

Damages

 the plaintiff suffered actual injury or loss

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37

Contributory Negligence

the plaintiff is in fault for part of the harm so they could not sue at all

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38

Comparative Negligence

dividing the damages according to the extent to each party is responsible

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39

Counterclaims

deflects the liability of others

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40

Assumption of Risk

when a plaintiff has knowingly encountered a danger and has proceed anyways

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