Chapter 5 Flashcards
Body of rules and principles governing the affairs of a community and enforced by a political judicial authority
Legal System
Rule of conduct or procedure established by custom, agreement or authority
Law
Party who initiates a lawsuit before a court
Plaintiff
Any person or institution against whom an action is brought in a criminal or civil court of law person being sued or accused
Defendant
State of being legally obligated and responsible
Liability
Civil wrong or breach of duty to another person as defined by law
Tort
Effective or primary cause of loss or damage or in on broken chain of events between the occurrence and resulting damage
Proximate cause
Failure to exercise the same care at a responsible prudent and careful person would under the same or similar circumstances
Negligence
Commission of a unlawful act committed by a public official
Malfeasance
Improper performance of a legal or lawful act
Misfeasance
Failure to act when under an obligation to do so refusal to do that which is a legal duty
Nonfeasance
Level of care a responsible person would use under similar circumstances standard of behavior upon which the theory of a negligence is based
Standard of care
Doctrine that the federal, state or local government is immune to lawsuits unless it gives it’s consent
Sovereign immunity
Situation that occurs when one person is held responsible for the actions or in actions of another individual also applies to the liability and incurred by an organization for the actions or in actions of an employee
Vicarious liability
The major health and safety laws in the US are created by
OSHA