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Tort
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A private or civil wrong, or an offence against an individual.
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Damages
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Monetary award by the court to a person who has suffered loss or injury because of the act or omission of another
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Master-Servant rule
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A rule that holds the master (employer) liable for conduct of the servant (employee)
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Intentional
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A general tort, in which the defendant actually intends to inflict harm by her/his action
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Negligence
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A general tort, in which a harm has occurred as a result of neglect or carelessness of the defendant
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Strict Liability
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A general tort, in which neither intent nor carelessness is required, the person acted in a certain, extremely hazardous way
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Injury
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Results from breach of duty
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Proximate cause
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When the amount of causation is great enough for it to be recognized by the law, it exists when it is reasonably foreseeable that a breach of duty will result in an injury
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Vicarious Liability
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A liability that is between employers/employees, principle/agents, parents/children, for example, a parent giving a gun to their child without proper instruction
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Intentional torts
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Torts in which the defendant possessed the intent or purpose to inflict the resultant injury
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Assault
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A tort that occurs when one person intentionally puts another in reasonable fear of an offensive or harmful touching (Can be based on words or gestures)
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Battery
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A tort defined as an intentional breach of duty to refrain from harmful or offensive touching of another
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False imprisonment
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Tort defined as the intentional confinement of a person against the person's will and without lawful privilege
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Defamation
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Tort defined as the statements that are false and injures a person's reputation, or good name
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Slander
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If the defamation is spoken
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Libel
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If the defamation is written or printed
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Invasion of privacy
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Tort defined as the uninvited intrusion into an individual's personal relationships and activities in a way likely to cause shame or mental suffering in an ordinary person
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Intentional infliction of emotional distress
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A tort that requires an intentional act by the defendant that is outrageous or extreme and that causes the victim to suffer severe emotional distress
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Negligent infliction of emotional distress
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A tort that requires a reckless act by the defendant that is outrageous or extreme and that causes the victim to suffer severe emotional distress
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Trespass to land
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Tort defined as the entry onto the property of another without the owner's consent
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Conversion
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Tort defined when a person's personal property is stolen, destroyed, or used in a manner inconsistent with the owner's rights
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Interference with contractual relations
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Tort that occurs when the 3rd party that encourages the breaching of a contract between two separate parties
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Fraud
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Tort that occurs when there is an intentional or recklessly made misrepresentation of an existing important fact
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Contributory negligence
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A defense to negligence that occurs when a plaintiff cannot recover for loss caused by another's negligence if the plaintiff also was negligent
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Comparative negligence
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A defense to negligence that occurs when a plaintiff in a negligence action is partially at fault
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Assumption of the risk
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Plaintiffs are aware of the danger and decide to subject themselves to the risk
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Absolute or Strict liability
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A doctrine that states a defendant can be held liable if he or she merely engaged in a particular activity that results in injury, regardless of whether or not he or she was negligent
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Statutes of repose
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Also known as nonclaim statutes, it is a statute that cuts off the right to sue for defects in design and manufacturing of products after a certain time, typically 10-12 years after sale
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Injunction
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A court order for a person to do or not to do a particular act
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Compensatory damages
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The actual damages, that are meant to be the amount of money awarded to place an injured party in the position he or she was in prior to a loss
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Punitive damages
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The exemplary damages, that are meant to be money a court requires a defendant to pay in order to punish a person who inflicted an injury; generally only awarded in intentional tort cases
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Contingency fees
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The fees that lawyers are usually paid hourly or receive a percentage of the recovery rate if there is one
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Plaintiff
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Party that initiates a civil lawsuit by filing a complaint
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Defendant
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Party complained against in a civil or criminal lawsuit
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Summons
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In a civil case, a court order issued to a defendant to appear in court and answer the complaint
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Answer
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A legal document filed with the court in which the defendant in a civil case states his or her response(s) to the complaint
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Expert Witness
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A witness who gives opinions about important facts that they possess superior knowledge over
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Subpoena
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A written order by the judge commanding a witness to appear in court to give testimony
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Preponderance of the Evidence
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Greater or more convincing weight of the evidence
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Verdict
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Jury's decision in a case
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Judgment
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Final result of a trial rendered by the judge
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Writ of execution
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An order that is obtained if the defendant does not pay his or her judgment
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