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Terms in this set (36)
A civil wrong
In civil law, the person who brings the lawsuit. This is the person who has been "wronged."
In civil law, the person being brought to court. This is the person who has been accused of being the "wrongdoer."
Money paid by the defendant for harm caused OR harm caused to the plaintiff/their property.
In civil law, actions taken deliberately to harm another person or his or her property. These can also be crimes.
An unintentional tort which occurs when a person fails to use reasonable care.
In civil law, a type of tort where the defendant is engaged in an activity so dangerous that there is a serious risk of harm even if he or she acts with the utmost care.
Infliction of Mental Distress
The defendant engaged in an action which caused fright, extreme anxiety, or mental distress to another person
The defendant intentionally and wrongfully confined another person against his or her will
Written or spoken expression about a person that is false and damages the person's reputation
Land and the items attached to it
Torts Against Real Property
Property that can be moved
Torts Against Personal Property
Someone's idea or invention that is given special ownership privileges
Torts Against Intellectual Property
Elements of Negligence
Duty, breach of duty, causation, damages
A legal obligation
Breach of Duty
Failure to perform one's legal obligation
The reason an event occurs
Someone who is an idealized version of the average individual
Reasonable Person Standard
The standard civil law holds the defendant to: they must behave the way a reasonable person would, or they breach a duty. They must balance the likelihood and seriousness of harm against the burden of avoiding the harm.
Cause in Fact
The plaintiff must prove he or she would not have been harmed if the defendant had not acted wrongfully
The harm caused must have been the foreseeable act of the defendant's wrongful acts
As a plaintiff, you can not receive damages from the defendant if your own negligence contributed in any way to the harm you suffered.
Dividing the loss to the degree to which each person is at fault.
Assumption of Risk
A person voluntarily encounters a known danger and decides to accept that risk of danger.
A defense to intentional torts. The plaintiff agreed to the harmful conduct and thus gave up the right to sue later. Can be written, spoken, or assumed based on the situation.
A defense to intentional torts. Justifies behavior that would otherwise be a tort, because the defendant's interests or the public's interests require it. Examples: legal authority, self-defense, defense of property.
Designed to punish the defendant and deter future torts. These types of damages CAN occur if the defendant intentionally committed the tort or was grossly negligent.
Designed to compensate the plaintiff for harmed caused. These types of damages are divided into two categories: economic losses and non-economic losses.
Examples of Economic Losses
Loss of property, loss of wages, cost of disability, cost of injury
Examples of Non-Economic Losses
Pain and suffering, loss of companionship, mental distress
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