Tort Law

Created by 12715 

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31 terms

The purpose of tort law

compensate the victim

Administrative agencies

FTC, FCC, and IRS

Assault

threatening to harm

Battery

unwanted touching

Trespass

interfering with someones real property

Nuisance

interefering with the enjoyment of property

Contributory Negligence

can show that the victim contibuted to his injuries

Invasion of Privacy

right to be left alone

Conversion

right to personal property

Emotional Distress

Mental anguish. Nonphysical harm that may be compensated for by damages in some types of lawsuits. Mental angush may be as limited as the immediate mental feelings during an injury or as broad as prolonged grief, shame, humiliation, despair, etc.

False imprisonment

right to move around freely

Defamation

lying to hurt another person's reputation

Slander

an abusive attack on a person's character or good name

Libel

a tort consisting of false and malicious publication printed for the purpose of defaming a living person

Strict Liability

A legal doctrine that says that some activities are so dangerous that liability will always follow any injury that results from those activities.

Assumption of Risk

the plantiff knew of the risks he/she was taking but did it anyway

Proximate Cause

is the cause that immediately and directly results in a specific event. if a person can eleminate any one of the 4 elemants, the lawsuit will not be successful.

Actual Harm

Injury, damage to property, etc.

Wrongful Death

the injured person died

Injunction

a judicial remedy issued in order to prohibit a party from doing or continuing to do a certain activity

Money Damages

payment for injuries

Tort

a private/personal wrong against another person

Accidental

not meant

Precedent

a law established by following earlier judicial decisions

Defendant

person accused, commiting the crime

Plaintiff

victim

Negligence

a tort that results when one person carelessly injures another

Tortfeasor

a person who commits a tort

intentional tort

actions that hurt, embarass or scare other people

comparative negligence

a defense against negligence when the carelessness of each party is compared to others

assumption of risk

a defense against negligence raised when the plaintiff knew of the risk involved and still took the chance of being injured

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