21-40 Flashcards
Comparative negligence:
a doctrine in some states which allows apportionment between plaintiff and defendant of responsibility for injuries or damages, in some states the plaintiff may still recover even though they were negligent, but the amount they can recover will be reduced by the percentage by which the caused their own injuries
Compensatory damages:
damages awarded in order to “make the plaintiff whole” to put the plaintiff in the position they would have been in had no tort or breech of contract occurred
Complaint:
the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Confession:
an admission of guilt or other incriminating statement made by the accused
Consideration:
something of value received or promised to persuade someone to enter into a contract
Contract:
an agreement between two or more persons that is enforceable by law
Contributory negligence:
a doctrine recognized in some states which precludes any recovery by a plaintiff if they were guilty of negligence which contributed to cause their injury
Convenant:
an agreement or promise to do or not to do a particular thing
Damages:
monetary compensation by which the law awards to one who has been injured by the actions of another
Defendant:
the person who is being sued
Defective contract:
a contract in which mutual assent has been destroyed, by fraud, coercion or otherwise
Deposition:
a pre-trial discovery procedure whereby parties or witnesses are examined under oath, a court reporter is present and records questions and answers
Discovery:
a pre-trial procedure by which one party gains information held by another party
Duress:
action by one party that forces another to do what need not otherwise be fone
Duty:
obligatory conduct owed by a person to another person
