Civil Law: Terms Flashcards
Actions intended to cause injury to others.
Intentional Torts
Harm caused to a person or property for which the law provides a civil remedy.
Tort
Injuries caused by an accident.
Unintentional Tort
Careless conduct that causes foreseeable harm to others
Negligence
Ability of a reasonable person to foresee consequences of an action.
Foreseeability
Degree of caution or level of conduct expected
Standard of Care
Ordinary person of normal intelligence
Reasonable Person
Connection between actions and injuries
Cause-in-Fact
Harm that the defendant could not have foreseen
Remoteness of Damage
Unforeseeable act that interrupts the chain of events.
Intervening Act
Principle that defendant is liable for all damages to plaintiff
Thin-Skull Rule
Parties involved in civil action
Litigants
Party initiating civil action
Plaintiff
Party being sued in civil action
Defendant
Legal action to resolve dispute
Litigation
Money awarded by court, as compensation
Damages
Court document outlining plaintiff’s claim, in civil suit and remedy desired
Statement of Claim
Response to plaintiff’s complaint, outlines defenses version of facts
Statement of Defense
Examination of evidence by both sides before trial
Examination for Discovery
Document that releases defendant from liability in case of injury
Waiver
Defense claiming accident was unavoidable
Inevitable Accident
Defense claiming accident was caused by unexpected natural event
Act of God
Defense claiming accident occurred even though precautions were taken.
Explanation
Damages imposed to punish defendant for reprehensible conduct
Punitive Damages
Minimal compensation rewarded to recognize moral victory
Nominal Damages
Court ordered remedy, requires party breaching contract to perform it’s part of the agreement
Specific Performance
Court order requiring or prohibiting an action
Injunctions
