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Chapter 7
Personal Injury Practice: Tort Law, Workers' Compensation and Environmental Law
32
Law
12th Grade
02/02/2011

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Term
tort
Definition
A noncontractual civil wrong.
Term
workers' compensation
Definition
Laws that apply to those who are injured at work.
Term
tortfeasor
Definition
One who commits a tort.
Term
punitive damages
Definition
Damages meant to punish.
Term
exemplary damages
Definition
Another term for punitive damages.
Term
cause of action
Definition
The basis upon which a lawsuit may be brought to the court.
Term
intentional tort
Definition
A tort that is willful and meant to cause harm.
Term
shopkeeper's privilege
Definition
The right of a merchant to make reasonable detention of a patron where there is probable cause to believe that shoplifting has occurred.
Term
slander per se
Definition
A statement that on its face is defamatory.
Term
disparagement
Definition
Another term for the business torts of slander of title and trade libel.
Term
intellectual property
Definition
Property rights in the result of one's thoughts, ideas, or inventions; includes patents, copyrights, and trademarks.
Term
infringement
Definition
Improper interference in the intellectual property rights or another.
Term
negligence
Definition
A tort; failure to act as a reasonably prudent person would act under the same or similar circumstances.
Term
res ipsa loquitur
Definition
"The thing speaks for itself"; negligence is implied from the fact that the incident happened.
Term
negligence per se
Definition
Negligence that is presumed because the tortfeasor has violated a statute.
Term
attractive nuisance
Definition
A condition on land that appeals to children; a doctrine that requires homeowners to use reasonable care to avoid injury to trespassing children.
Term
malpractice
Definition
Professional negligence.
Term
product liability
Definition
Liability of manufacturers and distributors for defective products that cause injury.
Term
consortium
Definition
Companionship, comfort, and society given by one spouse to another.
Term
contributory negligence
Definition
Negligence of a plaintiff that contributes to the injury; a doctrine that is a defense to negligence.
Term
last clear chance
Definition
A doctrine that prevents the harsh result that follows from the doctrine of contributory negligence; if a negligent defendant had the last opportunity to avoid an accident, the contributory negligence of the plaintiff will not be a bar to recovery.
Term
comparative negligence
Definition
A doctrine that compares the negligence of the plaintiff and the defendant and allows recovery based on appointionment of fault.
Term
assumption of the risk
Definition
Knowingly and voluntarily assuming a risk; a defense to negligence.
Term
strict liability
Definition
Liability without fault.
Term
abnormally dangerous activity
Definition
A dangerous activity; one who engages in an abnormally dangerous activity is strictly liable to those who may be injured as a result.
Term
special damages
Definition
Out-of-pocket losses.
Term
general damages
Definition
Damages not based on a monetary loss; includes items such as pain and suffering.
Term
respondeat superior
Definition
The responsibility of an employer for torts of employees that are committed in the course and scope of employment.
Term
vicarious liability
Definition
Liability for the acts of another.
Term
independent contractor
Definition
One who does work for another but who is not subject to control of the one who has hired him or her.
Term
peculiar risk doctrine
Definition
A doctrine that makes an employer liable for the acts of an independent contractor when the independent contractor has been engaged to perform a nondelegable duty.
Term
contingent fee
Definition
A fee based on a fixed percentage of whatever amount is recovered by the attorney on behalf of the client.
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