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Chapter 5: Civil Law and Procedure Vocabulary

Terms in this set (28)

tort
a private or civil wrong
damages
an injured person suing or obtaining a judgement
Elements of a tort
Duty(a legal obligation to do or not to do something)
Breach( a violation of the law)
Injury( a harm that is not recognized by the law)
Causation( proof that the breach caused the injury)
negligence
torts, based on carelessness
vicarious law
when one person lis liable for the torts of another liability
intentional torts
torts in which the defendent possessed the intent or purpose to inflict the resultant injury
assault
when one person intentionally puts another in reasonable fear of an offensive or harmful bodily contact
battery
an intentional breach of duty
false imprisonment
the intentional confinement of a person against the person's will and without lawful privilege
defamation
a false statement that injures a person's reputation or good name
slander
spoken defamation
libel
written defamation
invasion of privacy
uninvited intrusion into( or interuption of) an individual's personal relationships and activites
trespass to land
entry onto a property of another without the owner's consent
conversion
when the right to own personal propery is violated when the property is stolen, destroyed, or used in a manner inconsistent with the owners rights
interference with contractable relations
when a third party encourages the breach party in any way that the third party may be liable in tort to the non-breaching party
fraud
when there is an intentional mis-representation of an exisiting important fact( that is, a lie)
strict liability
sometmes, the law holds one liable in tort on the basis of absolute
injunction
a court order for a person to do, or not to do a particular act
damages
a monetary injured reward for the injured party to compensate for loss
evidence
anything that the judge allows to be presented to the jury that helps to prove or disprove the alleged facts
testimony
statements made by witnesses under oath
witness
someone who has persoanl knowledge of the facts
expert witness
someone who has personal knowledge of the opinions
subpoena
a written order by the judge commanding a witness to appear and give testimony
verdict
a jury's decision
judgement
the final result of a trial
writ of execution
process by whicha judgement for money is enforced
THIS SET IS OFTEN IN FOLDERS WITH...