Introduction to Torts and Law

These flashcards cover key vocabulary and concepts related to tort law and legal distinctions, helping students review for their exam.

Tort

A wrongful act, other than a breach of contract, resulting in injury to another party's person, property, dignity, or reputation, recognized by law as a valid basis for liability.

Civil Law

The body of law governing disputes between private parties, typically involving compensation for damages.

Criminal Law

The area of law dealing with actions considered harmful to society, prosecuted by the state, and resulting in penalties such as imprisonment.

Plaintiff

The party in a civil lawsuit who brings a complaint against another party.

Defendant

The party in a legal case accused of wrongdoing, either in civil or criminal court.

Preponderance of the Evidence

The standard of proof in civil cases, meaning that the evidence must show that something is more likely true than not.

Beyond a Reasonable Doubt

The standard of proof in criminal cases, which requires that the evidence must leave no reasonable doubt that the defendant is guilty.

Duty of Care

A legal obligation for an individual to act towards others with a standard of reasonable care to prevent harm.

Breach of Duty

The failure to meet the standard of care which results in harm to another party.

Causation

The establishment of a direct link between the breach of duty and the injury caused.

Damages

Monetary compensation awarded to an injured party in a civil lawsuit.

Common Law

Law developed by judges through decisions in individual court cases, as opposed to statutes or regulations.

Statutory Law

Laws enacted by a legislative body, such as Congress or state legislatures.

Liability

Legal responsibility for one's actions or omissions, which can result in being required to pay damages.

Equitable Relief

Court-ordered actions that require a party to take specific actions or refrain from certain actions.

Injunction

A court order that requires a party to do or refrain from doing specific acts.