Chapter 12: Civil Law Flashcards
What is causation?
refers to the direct relationship between an act or omission and the resulting injury or damage claimed by the plaintiff.
What is contributory negligence?
A legal doctrine that reduces the damages awarded to a plaintiff in proportion to their own negligence that contributed to their injury or loss.
What is the duty of care?
A Legal obligation requiring an individual to adhere to a standard of reasonable care while performing any acts that could foreseeably harm others.
What is foreseeability?
The ability to reasonably anticipate or predict that a certain consequence or event will occur as a result of certain actions or omissions.
What is libel?
A written or published false statement that damages a person’s reputation.
What is malpractice?
Professional negligence or misconduct by a licensed professional (such as a doctor or lawyer) that results in harm to a client or patient.
What is negligence?
The failure to exercise the care that a reasonably prudent person would exercise in similar circumstances, resulting in harm or injury to another person or their property.
What is a reasonable person?
An objective standard used to assess someone’s conduct, representing how an average person would act in similar circumstances, considering all relevant factors.
What is slander?
the oral defamation of a person, involving the making of false statements to a third party that harm the reputation of the individual.
What is trespassing
The unauthorized entry onto someone else’s property or land without permission or legal right.
What is vicarious liability?
A legal doctrine that holds one party responsible for the actions or omissions of another party, typically an employer for the actions of an employee performed within the scope of their employment.
What is voluntary assumption of risk?
A legal defense where a plaintiff knowingly and willingly accepts the risks associated with a dangerous activity or situation, thereby absolving the defendant of liability for any resulting harm
