Tort Law Exam Flashcards
Causation
Relationship between the defendants action and the plaintiffs loss that would not have occurred “ but for “ the defendants actions; in murder trials, the cause of death ( causing or producing of an event )
Contributory Negligence
When someone contributes to his own injury
Duty of care
A specific legal obligation to not harm other people on their property
Foreseeability
The ability of a reasonable person to expect or anticipate the result of a certain action
Libel
Defamation in a printed or permanent form such as pictures or a video
Malpractice
Improper or negligent professional treatment by someone with expertise like a doctor
Negligence
Careless act that causes harm to another
Reasonable person
The standard used in determining if a persons conduct in a particular situation is negligent
Slander
Defamation through spoken words or actions
Trespass
To enter or cross another’s property without consent or legal rights
Vicarious liability
A person is held responsible for another’s tort, even though the person may not have done anything wrong
Voluntary assumption of risk
The acceptance of a possibility of harm or suffering; a particular defence for negligence
Arbitration
Use of an arbitrator to settle a dispute
Balance of probabilities
The basis on which a judge decides a civil action; who wins
Class action
A single legal action brought on behalf of all members of a group with a common interest of grievance
Default jugement
Not respond to the claim
Garnishment
A court order requiring that money owed by a defendant to a plaintiff be paid out of the defendants bank account or wages
General damages
Compensation payable in a civil action for pain and suffering loss of future income or loss of enjoyment of life
Injunction
A court order directing a person to do or to not do something for a specific time period
Litigation
A lawsuit; the legal action to settle a civil dispute
Mediation
Assistance from a third party who assist them in reaching a settlement
Punitive
Compensation payable in a civil action in addition to general and special damages to punish the defendant for a high handled and malicious attitude
Special damages
Compensation payable in a civil case for specific out of pocket expenses like prescription drugs, vehicle repairs, lost income
Statement of claim
The legal document in a civil action outlining the plaintiffs case against the defendant, and the desired satisfactory
