Term
| any civil wrong other than breach of contract. Purpose is to provide remedies for invasion of our protected interests, interests in ourselves, interest in our property |
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Definition
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Term
| a person who has committed a tort |
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Definition
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Term
| loses a civil trial, you are ___ |
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Definition
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Term
| loses a criminal trail, you are |
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Definition
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Term
| Plantiff is a _______ in a civil trial |
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Definition
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Term
| plantiff is a ____ in a criminal trial |
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Definition
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Term
| there can be a trail when someone has committed of a crime. and a civil lawsuit, ________ against the defendent |
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Definition
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Term
| civil plantiffs pay attorny on a _____ |
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Definition
| contingency basis- if he wins the case |
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Term
| contingency fee basis norm |
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Definition
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Term
| _____ are costs whether you win or lose. Used as a deterent to keep people from filing lawsuits all the time |
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Definition
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Term
| ______ damages are intended to put the plantiff ina position he was in before the tort. Make the victem whole |
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Definition
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Term
| The starting point dollar value of pain and suffering |
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Definition
| adding up medical bills and tripling it |
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Term
| compensatroy damages include (3) |
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Definition
medical bills
low wages
pain and suffering |
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Term
| Personal injury mills (term used by insurance copanies and defense) are |
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Definition
| injury doctors that are skilled at running up medical bills |
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Term
| the damage where the goal is to punish the tort user and deter other tort users from committing the same cort |
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Definition
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Term
| another word for punitive damages |
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Definition
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Term
| punitive can only be awarded if they are _____ to other damages |
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Definition
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Term
| _____ damaes are to have some kind of damage to add the punitive damages to when there are no compensatory damages. |
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Definition
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Term
| tHE INTENTIONAL TOUCHING OF ANOTHER IN A HARMFUL OR OFFENSIVE WAY |
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Definition
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Term
| In a battery you use the _______to see if it was offensive |
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Definition
| reasonable person standard |
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Term
| an intentional, unexcuses act that creates in another person a reasonable apprehension of immediate harmful or offensive touching |
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Definition
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Term
| force that is likely to cause deathe or bodily harm |
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Definition
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Term
| asault and battery defenses |
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Definition
consent
self defense
defense of another
defense of property |
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Term
| some juries believe you have a chance to outrun someone with a knife called |
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Definition
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Term
| there is no retreat if you are in |
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Definition
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Term
| defense of property inclused using only ________ force not _____ |
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Definition
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Term
| The intentional publication of a false statement that is harmful to another's reputation |
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Definition
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Term
| The intentional publication of a false statement that is harmful to another's reputation |
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Definition
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Term
| The intentional publication of a false statement that is harmful to another's reputation |
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Definition
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Term
| In defamation the communication the the third party can be _____ liable or ____ liable to be a publication |
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Definition
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Term
| statements about the dead are not |
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Definition
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Term
| This protects a work of fiction from a lawsuit of defamation |
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Definition
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Term
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Definition
truth
privilege (absolute and conditional/qualified) |
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Term
| this privalege is held by those in trails and court hearings that hold the speakers not liable |
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Definition
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Term
| privilege given to the media when talking about public figutes unless told with malice |
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Definition
| conditional or qualified privilege |
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Term
| invasion of privacy torts protect your right to |
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Definition
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Term
| Someone who wiret taps, reads your emails or looks through a peephols is committing which tort |
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Definition
| intrusion on personal solitude |
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Term
| this causes offensive publicity that places the plantiff in a false light in the public eye |
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Definition
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Term
| The use of a person's name, picture, or personality for commercial benefit without consent |
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Definition
| appropriation of name or likeness (invasion of privacy tort) |
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Term
| The rights protected under appropriation of name or likeness are |
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Definition
exclusive use of one's identity
right to license use to others |
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