Introduction to Tort law (Ch. 1-2) Flashcards
Early cause of action involving serious, forcible breaches of peace that evolved to encompass even minor physical contact; no showing of fault was required.
Action In Trespass
Standard of proof requiring a showing of almost absolute certainty for each element.
Beyond a Reasonable Doubt
Beyond a Reasonable Doubt
Standard of proof requiring a showing of almost absolute certainty for each element.
Black-letter Law
Legal principles generally accepted by the legal community
Standard of proof requiring a showing that each element is more probably than not.
Preponderance of the evidence
Preponderance of the evidence
Standard of proof requiring a showing that each element is more probable than not
Tort
Civil wrong for which victim receives money damages
Tortfeasor
One who has committed a tort
Trespass on the case
Early cause of action involving injuries inflicted indirectly and requiring some showing of fault
affirmative defense
any defense that a party asserts for which it bears the burden of proof (must affirmatively prove)
challenge for cause
request to remove a potential juror because of his alleged inability to decide the case impartially
process in which the judge instructs the jurors in rules of law they are to apply
charging the jury
demurrer
motion for dismissal based on a defect in the form or content of a complaint
directed verdict
dismissal of a case because of the opposing party’s failure to meet the requisite burden of proof
motion for summary judgement
motion requesting that the court enter a judgment on the party’s behalf because there is no material fact at issue
