Term
|
Definition
| A civil (as opposed to criminal) wrong, other than a breach of contract. |
|
|
Term
|
Definition
| Either all Case Law or the case law that is made by judges in the absence of relevant statutes |
|
|
Term
|
Definition
| The law that addresses the rights and remedies available to persons injured through tortfeasors’ carelessness or intentional misconduct |
|
|
Term
|
Definition
| Both common law and statutory law. Common law develops from court decisions. Statutory law often supplements, modifies, or supersedes common law tort principles. |
|
|
Term
|
Definition
| The failure of the ordinary, reasonable, prudent person to exercise due care under the circumstances. / The failure of exercise a reasonable amount of care in a situation that causes harm to someone or something |
|
|
Term
| Intentional Torts (3 aspects) |
|
Definition
| Injuries that the tortfeasor intentionally inflicts upon others or their property / An act designed to injure a person or his property. 1. Act 2. Intent to cause harm 3. Harm/damages |
|
|
Term
| Strict (absolute) Liability |
|
Definition
| Tortfeasor’s liability for injuring others, regardless of intent, negligence, or fault. /The legal responsibility for damage or injury, even if you are not at fault or negligent, regardless of care |
|
|
Term
|
Definition
| Liability of the manufacturer or seller of an unreasonably dangerous or defective product |
|
|
Term
| Public Policy Objectives in Tort Law (5) |
|
Definition
| 1. Encouraging minimum standards of social conduct. 2. Protecting persons and property from injury by providing legally enforceable rights and a system for their protection. 3. Deterring violations of rights and standards. 4. Compensating victims by holding harmers accountable (culpable). 5. Allocating losses among different participants. |
|
|
Term
|
Definition
| State insurance laws setting out in which instances an insurance company will assume responsible for a collision, regardless of fault. |
|
|
Term
| IRAC Technique for Analysis |
|
Definition
| Issue, Rules, Application, Conclusion |
|
|
Term
|
Definition
| General areas of law involved in problem. Each problem often involves several issues. What problems are presented? [The Research Question] |
|
|
Term
|
Definition
| Legal answers, found in sources of law (common, statutory, administrative, constitutional), that explain legal concepts applicable to problem. Sometimes called black letter law. [The Theoretical Framework] |
|
|
Term
| Application to facts (IRAC) |
|
Definition
| Rules of law must be applied to specific facts of each problem. Threshold facts are important because they determine if statutes or common law elements apply in a particular case. [Interpreting the Data in terms of the Theoretical Framework] |
|
|
Term
|
Definition
| Outcome of hypothetical. Did the tortfeasor commit a particular tort against the victim? Would plaintiff’s lawsuit against defendant, based upon specific causes of action, be successful? |
|
|
Term
| Release-settlement agreement |
|
Definition
| If the case should settle, the client will need to sign a settlement agreement that specifies the terms of the settlement, and a stipulation discontinuing action |
|
|
Term
| Alternative dispute resolution (ADR) |
|
Definition
| A way to resolve legal problems without a court decision |
|
|
Term
|
Definition
| Resolution of a dispute by a person whose decision is binding. This person is called an arbitrator. Submission of the dispute for decision is often the result of an agreement (an arbitration clause) in a contract |
|
|
Term
|
Definition
| In mediation the parties use outside help in settling disputes. Mediation differs from arbitration in that the mediator can only persuade the parties to reach a settlement. The mediator does not make the actual decision. Mediation is less formal than arbitration, but like arbitration, is not a matter of public record. |
|
|
Term
|
Definition
| ADR by a panel of executives from two companies engaged in a complex dispute. A neutral moderator helps the two sides sort out factual and legal issues to reach a voluntary settlement. |
|
|
Term
|
Definition
| ADR in which two sides in a dispute choose a person to decide the dispute. The two sides may agree to make the procedure formal or informal and whether the decision will be binding or merely advisory |
|
|
Term
|
Definition
| ADR in which the judge orders the two sides in a complex case to present their most important facts to a small jury. The parties may agree in advance to be bound by the verdict |
|
|
