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Details Title: Civil Law Description: Chapter 5 Terminology Total Flash Cards: 35 Created: 05/06/2007 12:25:55	To study from this set of flash cards, or to create your own your own study flash cards, register HERE. If you are already a registered user, CLICK HERE.
Cards Term tort Definition private or civil wrong wrong against an individual Term Name 4 elements of a tort Definition 1. duty - a legal obligation to do or not do something 2. breach of duty - violation of the duty 3. injury - arecognized harm [can be reckless but without injury] 4. causation - proof that the breach caused the injury [proximate cause] Term proximate cause Definition when the amount of causation is great enough for it to be recognized the law exists when it is reasonably foreseeable that a breach of duty will result in an injury Term vicarious liability Definition When one person is liable for the torts of another Term What two groups are often held responsible for another torts? [vicarious liability] Definition 1. Parents 2. Employers Term intentional tort Definition Requires that the breach be intentiional [not just careless or negligent] Term negligence Definition torts based on carelessness [not intentional] how would a reasonable person have acted under the circumstances Term contributory negligence Definition if a plantiff [the person bringing the complaint] contributed to damages through a breach of duty Term comparative negligence Definition both plantiff and defendant are at fault proportional to degree of negligence Term assuption of the risk Definition assume a risk that is posted...no damges to defendant Term strict liability Definition Encourages responsible behavior when engaging in dangerous activites Defendant not negligent Term Name two remedies available in a civil suit: Definition 1. Injunction 2. Damages Term Compensatory Damages Definition An award that places the injured party in the same financial position as if the injury had not occurred. Term contingency fee Definition Lawyers that handle a civil lawsuit for a percentage ofthe recovery Term plaintiff Definition the party that initiates the lawsuit by filing a complaint Term defendant Definition the party complained against in a criminal or civil proceeding Term writ of execution Definition the process by which a judgment for money is enforced Term verdict Definition decision of a jury Term judgment Definition final result of a civil trial [damages are awarded to the defendant [unless there is an appeal] Term subpoena Definition A written order by the judge commanding a witness to appear and give testimoy. Willful, unexpected failure to appear after receipt of such an order is contempt of court...punishable by a fine or being jailed without a trial. Term Name five 'intentional' torts: Definition 1. assault 2. battery 3. false imprisonment 4. defamation 5. slander 6. invasion of privacy 7. trespass to land 8. conversion 9. interference w/contracatual relations 10. fraud Term assault Definition To put someone in reasonaable fear of an offense or bodily harm [words and/or gestures] Term battery Definition harmful or offensive touching of another another Term false imprisonment Definition intentional confinement of a person against the person's will and without lawful privilege Term Name the two types of 'defamation' Definition 1. slander 2. libel Term What three elements must be present for a statement to be 'defamatory'? Definition 1. be false 2. communicated to a third person 3. bring the vitim into disrepute, contempt, or ridicule by others Term slander Definition defamation that is spoken Term libel Definition Defamation that is written or printed Term invasion of privacy Definition uninvited intrusion into an individual's personal relationships and activities Term trespass Definition entry onto the property of another without the owner's consent Term conversion Definition When a person's right to control their own possessions is violated when it is stolen, destroyed, or used in a manner inconsistent with the owner's rights Term Is the innocent buyer of stolen goods a 'converter' [Yes | No] Definition Yes Term Interference with Contractual Relations Definition When a third party encourages the breach of contract Term fraud Definition When there is an intentional misrepresentation of an existing important fact [lie...misrepresentation must be relied on and casue the victim to part with a legal right or something of value] [not just opinion] Term What is the most common type of tort: 1. Intentional 2. Negligence 3. Strict Liability Definition 2. Negligence