Unit 4 Quiz Flashcards
Something given to make amends for a loss (also called restitution).
Compensation
In civil law, the party suing. (No crown)
Plaintiff
A wrong or injury (other than breach of contract) which may be intentional or unintentional. Some torts are criminal acts.
Tort
Agreement to a particular action with full understanding of the risks, as with patients and medical procedures. (Ex. Skydiver is told all of the risks)
Informed Consent
In civil law, the party is being sued
Defendant
Money awarded by the court to a plaintiff for wrong or loss suffered.
Damages
A legal right to start a lawsuit; the facts that give this right. Has to have a reason
Cause of action
A legal document in civil action outlining the plaintiff’s case against the defendant.
Claim
A court order directing a person to do or not do something for a specific time period. (Ex. Restaurant gives people food poisoning, they have to close until they figure out the cause)
Injunction
A lawsuit, the act of bringing a civil dispute to court for resolution.
Litigation
Someone who controls and physically possesses a property. ( Owner of a house leaves and the kids throw a party. If someone gets hurt owner and kids are liable)
Occupier
Something that is inviting or enticing to young children (ex.: pools, bells, etc) (People on bikes sell ice cream and child gets hit, driver and company is responsible)
Allurement
A procedure to address outstanding court-ordered payments between parties by redirecting money or goods owed by a third party. Money is taken off of your paycheck if you refuse to pay damages.
Garnishing
Payment for legal services in a civil case based on a percentage of damages if the case is successful.
Contingency fee
A failure to exercise reasonable care that results in injury to another (careless actions).
Negligence
