15 - Tort Law, Product Liability, and Consumer Law Flashcards

1
Q

procedural due process

A

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

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2
Q

elder law

A

an area of law covering the legal problems of the elderly (such as social security, estate planning, Medicare, and age discrimination)

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3
Q

non-adversarial

A

pertaining to a conflict-resolution proceeding in which all opposing parties to the conflict or dispute are not present

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4
Q

on the record

A

noted or recorded in an official record of the proceeding

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5
Q

battered woman syndrome

A

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

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6
Q

notice

A

1 - formal notification

2 - information about a fact; knowledge of something

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7
Q

confrontation

A

being present when others give evidence against you and having the opportunity to question them

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8
Q

intentional tort

A

a wrongful act knowingly committed

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9
Q

tortfeasor

A

one who commits a tort

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10
Q

battery

A

the intentional and offensive touching of another without lawful justification

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11
Q

assault

A

any word or action intended to make another person apprehensive or fearful of immediate physical harm; a reasonably believable threat

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12
Q

false imprisonment

A

the intentional confinement or restraint of a person against their will

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13
Q

intentional infliction of emotional distress

A

intentional, extreme, and outrageous conduct resulting in severe emotional distress to another

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14
Q

actionable

A

capable of serving as the basis of a lawsuit

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15
Q

defamation

A

anything published or publicly spoken that causes injury to another’s name, reputation, or character

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16
Q

slander

A

defamation in oral form

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17
Q

libel

A

defamation in writing or other public forms (such as videotape)

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18
Q

actual malice

A

real and demonstrated evil intent

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19
Q

appropriation

A

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

20
Q

fraudulent misrepresentation

A

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

21
Q

business tort

A

wrongful interference with another’s business rights

22
Q

predatory behavior

A

business behavior that is undertaken with the intention of unlawfully driving competitors out of the market

23
Q

trespass to land

A

the entry onto, above, or below the surface of land owned by another without the owner’s permission

24
Q

trespass to personal property

A

the unlawful taking or harming of another’s personal property; interference with another’s right to the exclusive possession of their personal property

25
Q

duty of care

A

the duty of all persons, as established by tort law, to exercise reasonable care in dealings with others

26
Q

reasonable person standard

A

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

27
Q

business invitee

A

a person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes

28
Q

compensatory damages

A

a money award equivalent to the actual value of injuries or damages sustained by the aggrieved party

29
Q

punitive damages

A

money damages awarded to a plaintiff to punish the defendant and deter future similar conduct

30
Q

causation in fact

A

causation brought about by an act or omission without which an event would not have occurred

31
Q

proximate cause

A

legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability

32
Q

assumption of risk

A

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

33
Q

contributory negligence

A

a theory in tort law under which a complaining party’s own negligence contributed to their injuries

34
Q

comparative negligence

A

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

35
Q

negligence per se

A

an action or failure to act in violation of a statutory requirement

36
Q

Good Samaritan statute

A

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

37
Q

dram shop act

A

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

38
Q

cyber tort

A

a tort committed by use of the internet

39
Q

strict liability

A

liability regardless of fault

40
Q

product liability

A

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

41
Q

unreasonably dangerous product

A

a product that is defective to the point of threatening a consumer’s health and safety

42
Q

consumer

A

a person who buys products and services for personal or household use

43
Q

consumer law

A

statutes, agency rules, and judicial decisions protecting consumers of goods and services

44
Q

deception

A

in consumer law, a material misrepresentation or omission in information that is likely to mislead a reasonable consumer to their detriment

45
Q

deceptive advertisement

A

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

46
Q

cease-and-desist order

A

an administrative or judicial order prohibiting a person or business firm from conducting activities that an agency or court has deemed illegal

47
Q

garnishment

A

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)