15 - Tort Law, Product Liability, and Consumer Law Flashcards
procedural due process
the constitutional requirement that the government provide fair procedures such as notice and an opportunity to be heard whenever the government seeks to deprive someone of life, liberty, or property
elder law
an area of law covering the legal problems of the elderly (such as social security, estate planning, Medicare, and age discrimination)
non-adversarial
pertaining to a conflict-resolution proceeding in which all opposing parties to the conflict or dispute are not present
on the record
noted or recorded in an official record of the proceeding
battered woman syndrome
a woman’s psychological helplessness or paralysis because of conditions such as financial dependence, loneliness, guilt, shame, and fear of reprisal from her husband or significant other who has repeatedly subjected her to physical, sexual, and/or emotional abuse in the past
notice
1 - formal notification
2 - information about a fact; knowledge of something
confrontation
being present when others give evidence against you and having the opportunity to question them
intentional tort
a wrongful act knowingly committed
tortfeasor
one who commits a tort
battery
the intentional and offensive touching of another without lawful justification
assault
any word or action intended to make another person apprehensive or fearful of immediate physical harm; a reasonably believable threat
false imprisonment
the intentional confinement or restraint of a person against their will
intentional infliction of emotional distress
intentional, extreme, and outrageous conduct resulting in severe emotional distress to another
actionable
capable of serving as the basis of a lawsuit
defamation
anything published or publicly spoken that causes injury to another’s name, reputation, or character
slander
defamation in oral form
libel
defamation in writing or other public forms (such as videotape)
actual malice
real and demonstrated evil intent