Risk Management Terminology

Acquit

To judge or declare the defendant not guilty at the conclusion of a trial.

Agony of the Moment

A condition of impending danger resulting in a decision to act that. consequently results in personal injury.

Act of God

A manifestation of the forces of nature that are unpredictable and impossible to foresee.

Actual Damages

Losses that can readily be proven to have been sustained and for which the injured party should be compensated as a matter of right.

Attractive Nuisance Doctrine

One who leaves something dangerous to child on his or her premises in a position and place that may attract children owes a duty to exercise reasonable care to protect them against danger.

Appeal

An application for judicial review by a superior court of an inferior court's decision.

Assumption of Risk

It is claimed that the plaintiff had knowledge of a situation obviously dangerous to himself and yet, assented voluntarily to expose himself to the hazard created by the defendant, who is thereby relieved of legal responsibility fir resulting injury.

In Loco Parentis

In the place of a parent.

Liability

A state of legal responsibility.

Negligence

The failure to correctly discharge the responsibilities of one's position.

Contibutory Negligence

Conduct of the part of the plaintiff that falls below the standard of care to which he should conform for his own protection and that when combined with the defendant's negligence, was a legally contributing cause bringing about the plaintiff's harm of injury.

Public Nuisance

Is an act that interferes with a right enjoyed by all members of the community.

Private Nuisance

Is an interference with the use or enjoyment of a person's land.

Reasonable Man Standard

An imaginary person who possesses and uses the qualities of carefulness, intelligence and judgement that society requires of its members for the protection of their own interests and the interests of others.

Suit

Legal proceedings brought by one person against another (to sue by bringing civil action against someone).

Plaintiff

The one who brings a suit. a plaintiff in a negligence action is entitled to succeed if he or she is able to establish three things to the satisfaction of the court (1) a duty of care exists, (2) there has been a breach of that duty, (3) damage has resulted from the breach.

Defendant

The party responding to the complaint - "one who is sued and called upon to make satisfaction for a wrong complained of by another".

Tort

A french word meaning "wrong"; in law it refers to any civil (non-criminal) wrong for which the injured party can sue for damages.

Civil Court

Deals with the rights and duties of persons (not criminal).

Criminal Court

Deals with the wrongs which the government has determined is injurious to the public - homicide, arson, rape, robbery, escape from prison, etc.

Summery Judgement

Pre-verdict judgement rendered by the court in response to a motion to the plaintiff or defendant who claims that the absence of factual dispute on one or more issues eliminates the need to send those issues to jury.

Respondent Superior

A master is liable in certain cases for the wrongful acts of his servants - for example, fails to hire competent personnel, or does not provide a safe environment.

Willful Misconduct

Bad management, dishonest conduct - denotes an act which is intentional or knowing or voluntary, as distinguished from accidental.

Wanton Misconduct

Bad Management, Dishonest Conduct - grossly negligent or careless, extremely reckless.

Volenti non fit injuria

Meaning if you have voluntarily consented to an act, you cannot receive damages for injuries resulting from that act.

Product Liability

Responsibility of manufacturers to normal users of their products who are unable to inspect the merchandise before consumption.

Punitive Damages

Damages awarded over and above those necessary to compensate the plaintiff for actual loss (ie. future costs - replacement car, necessary surgeries).

Affirmative Action

In employment law, any voluntary or required program or action designed to remedy discriminatory practices in hiring, training, and promoting of protected class members. Such programs attempt to eliminate existing and continuing discrimination, to remedy lingering effects of past discrimination, and to create procedures to prevent future discrimination.

Answer

In pleadings, the defendants response to the plaintiff's complaint or petition in Court the pleading is referred to as "The Statement of Defense".

Assault

In Tort Law and assault is defined as an act which one person causes in another imminent apprehension of harmful or offensive contact. In Criminal Law, an assault consists of the application of force against another and the attempt to do so.

Battery

An act which is Intended to and does cause a harmful or offensive contact with another person. In criminal law, such conduct is defined as an "assault".

Burden of Proof

In every lawsuit, one party has the burden of producing sufficient evidence to establish his or her case. Generally the burden is on the party bringing civil suit or prosecuting the criminal charge.

Comparative Negligence

The ability of a court to assess liability in a negligence case between a plaintiff and a defendant according to the comparative fault of each party.

Defamation

A false imputation on the character or reputation of another either in some written or permanent form (generally "libel") or orally ("slander").

Direct Verdict

Where the evidence adduced at a trial is so clear and convincing that no reasonable jury could reach a different conclusion. A judge may take the matter out of the hands of the jury and require them to enter a verdict in favour of the plaintiff or defendant.

Discovery

A formal process whereby one party is obligated to disclose certain information in his or her possession relevant to the lawsuit. This may take the form of production of certain documents or an oral examination of either party to the lawsuit. In the US an oral examination may also be known as "deposition".

Due Process

Fundamental fairness. As applied to judicial proceedings, adequate notice of hearing and an opportunity to appear and defend in an orderly tribunal.

Invitee

In the tort law defining the obligations of occupiers of property to those coming into his or her property. An invitee is one whose entry provides some business or economic advantage to the occupier. At common law, an occupier owed to such an invitee an obligation not to create unusual dangers in the condition of the premises, about which the occupier knows or should have known. Some jurisdictions have adopted occupiers Liability Acts which have established a general duty to make the premises reasonably safe for lawful entry.

Licensee

In Tort Law defining the obligation of occupiers of property to those coming onto his or her property, a licensee is someone who enters with the permission of the occupier, express or implied, but without any economic or business advantage to that occupier. The duty awed to a licensee at common law was not to create any hidden traps or concealed dangers about which the occupiers knew or had reason to know. Some jurisdictions have adopted dafe for lawful entry.

Reverse Discrimination

The unequal treatment of non minorities arising from affirmative action programs. Subject to certain conditions, the courts permit such discrimination where court ordered affirmative action is aimed at eliminating specific discriminatory practices or where affirmative action is strictly voluntary and temporary in nature.

Trespasser

Someone who unlawfully enters upon the land of another.

Waiver

Intentionally or voluntarily relinquishing a legal right.

Increased Leisure

individuals tend to have _____ ______ time and thus have more time to participate in recreational activities

the female sports boom

more and more females are participating in sport activities, requiring new teaching techniques and new equipment.

Television

has an ever-increasing influence on how we spend our leisure time. Increased sport coverage encourages participation from the audience.

lifetime sports

the popularity of ________ _________ (ie. tennis, bowling, skiing, et cetera) increases the potential of injury at some point during the participants life.

legal negligence

consumers tend to have a greater awareness of negligence issues. What were once considered to be reasonable precautions are often seen today to be inadequate.

Increased accessibility of legal services

the number of small claims courts has dramatically increased in the last several years.77

increased transportation of athletes

people have greater access to recreational programs.

comparative negligence

since fault or responsibility can be apportioned between the plaintiff and the defendant in a finding of comparative negligence, the possibility of compensation of some type may be increased.

increased valuing of individual rights

it is becoming more commonplace to see lawsuits, therefore consumers are more willing to accept the possibility of participating in a lawsuit themselves should something happen.

Consumerism

with the increase in the number of lawsuits comes the increased number of large monetary judgements. The more consumers hear of these judgements, the more they are likely to award them as jurors.

Libel and Slander

individuals empowered by an increased awareness if their rights are more apt to sue to protect their reputation.

Player suits charging excessive violence

it is becoming more common to see lawsuits filed by athletes for incidents occurring during the course of the contest in which they were participating

Product Liability

equipment manufacturers are being asked to take more responsibility in ensuring that their products are rigorously tested.