Chapter Three

Question 1

a strategy used by the defendant to avoid liability in a lawsuit

Answer 1

defense

Question 2

the process in which conflicting parties in a dispute submit their differences to a count appointed person who submits a legally binding decision

Answer 2

arbitration

Question 3

a monetary settlement the defendant pays the plaintiff in a civil case for loss or injury

Answer 3

damages

Question 4

an individual or a business against whom a lawsuit is filed

Answer 4

defendant

Question 5

an individual or party that brings a lawsuit to court

Answer 5

plaintiff

Question 6

a civil wrongdoing that causes harm to a person or property; excludes breach of contract

Answer 6

tort

Question 7

a legal document commanding a person to bring a piece of evidence to court

Answer 7

subpoena duces tecum

Question 8

latin for “let the master answer”; a legal doctrine by which the employer/provider is legally responsible for the wrongful actions or lack of actions from employees if done within the scope of employment

Answer 8

respondeat superior

Question 9

latin for “a thing decided”. Once a case has been decided by the court, it cannot be litigated again

Answer 9

res judicata

Question 10

latin for “the thing speaks for itself”. Example: a surgical instrument was left in the body during surgery

Answer 10

res ipsa loquitur