Term
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Definition
| a private wrong that injures another person's physical well being, property, or reputation |
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Term
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Definition
| a person who commits a tort |
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Term
| the injured party, the innocent party, or the victim |
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Definition
| the party harmed by tortfeasor |
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Term
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Definition
| if a lawsuit has been filed, the injured party |
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Term
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Definition
| if a lawsuit has been filed, the alleged tortfeasor |
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Term
| the primary purpose of tort law |
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Definition
| to compensate the innocent party by making up for any loss suffered by that victim |
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Term
| an additional purpose of tort law |
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Definition
| to protect potential victims by deterring future tortious behavior |
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Term
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Definition
| criminal law involves this kind of wrong, a wrong that affects the entire society |
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Term
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Definition
| tort law involves this kind of wrong, a wrong that affects an individual or group but not the entire society |
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Term
| Question: When a crime is committted, what do government authorities do? |
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Definition
| Answer: They begin legal actions designed to remove the offender from society. |
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Term
| Question: Is it possible for a single action to be both a tort and a crime? |
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Definition
| Answer: Yes, it is possible for a single action to be both a tort and a crime. |
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Term
| doctrine of respondeat superior |
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Definition
| let the master respond - a doctrine that may impose legal liability on employers and make them pay for the tors comitted by their employees within the scope of the employer's business |
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Term
| Question: Can legal liability be imposed against an individual if a duty has not been violated or if a duty does not correspond to the objectionable action? |
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Definition
| No, it cannot. No legal liability can be imposed against an individual unless two elements are present: duty and violation of that duty. |
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Term
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Definition
| an obligation placed on individuals because of the law |
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Term
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Definition
| can be done intentionally, through negligence, or under the theory of strict liability |
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Term
| Question: How do legal duties arise? |
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Definition
| Answer: They arise corresponding to each right within each member of our society. |
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Term
| intentional violations of duty |
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Definition
| include a variety of intentional torts, all of which have their own individual elements |
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Term
| principal intentional torts |
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Definition
| assult, battery, false imprisonment, defamation, invasion of privacy, misuse of legal procedure, infliction of emotional distress, nuisance |
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