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31 terms

Tort Law

STUDY
PLAY
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