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
appropriation
in tort law, the use by one person of another person’s name, likeness, or other identifying characteristics without permission and for the benefit of the user
fraudulent misrepresentation
any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to their detriment
business tort
wrongful interference with another’s business rights
predatory behavior
business behavior that is undertaken with the intention of unlawfully driving competitors out of the market
trespass to land
the entry onto, above, or below the surface of land owned by another without the owner’s permission
trespass to personal property
the unlawful taking or harming of another’s personal property; interference with another’s right to the exclusive possession of their personal property
duty of care
the duty of all persons, as established by tort law, to exercise reasonable care in dealings with others
reasonable person standard
the standard of behavior expected of a hypothetical “reasonable person” ; the standard against which negligence is measured and that must be observed to avoid liability for negligence
business invitee
a person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes
compensatory damages
a money award equivalent to the actual value of injuries or damages sustained by the aggrieved party
punitive damages
money damages awarded to a plaintiff to punish the defendant and deter future similar conduct
causation in fact
causation brought about by an act or omission without which an event would not have occurred
proximate cause
legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability
assumption of risk
voluntarily taking on a known risk; a defense against negligence that can be used when the plaintiff has knowledge of and appreciates a danger and voluntarily exposes themselves to the danger
contributory negligence
a theory in tort law under which a complaining party’s own negligence contributed to their injuries
comparative negligence
a theory in tort law under which the liability for injuries resulting from negligent acts is shared by all persons who were guilty of negligence (including the injured party) on the basis of each person’s proportionate carelessness
negligence per se
an action or failure to act in violation of a statutory requirement
Good Samaritan statute
a state statute stipulating that persons who provide emergency services to others in peril - unless they do so recklessly, thus causing further harm - cannot be sued for negligence
dram shop act
a state statute that imposes liability on the owners of bars, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication
cyber tort
a tort committed by use of the internet
strict liability
liability regardless of fault
product liability
the legal liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by the goods
unreasonably dangerous product
a product that is defective to the point of threatening a consumer’s health and safety
consumer
a person who buys products and services for personal or household use
consumer law
statutes, agency rules, and judicial decisions protecting consumers of goods and services
deception
in consumer law, a material misrepresentation or omission in information that is likely to mislead a reasonable consumer to their detriment
deceptive advertisement
advertising that misleads consumers either by unjustified claims concerning a product’s performance or by failure to disclose relevant information concerning the product’s composition or performance
cease-and-desist order
an administrative or judicial order prohibiting a person or business firm from conducting activities that an agency or court has deemed illegal
garnishment
a proceeding in which a creditor legally seizes a portion of a debtor’s property (such as wages) that is in the possession of a third party (such as an employer)
