Studied by 0 people
Looks like no one added any tags here yet for you.
Intentional Wrong (Tort)
Person acts with intent to injure / harm a person
Ex) Consumer scams, discrimination, wrongful termination
Negligence
Doing something by accident, the defendant owed a duty of care to the plaintiff and there was a breach of that duty.
Strict Liability
The nature of the activity is so dangerous that there is a serious risk even if person acts with care,
Ex) owner of dangerous animals, people who engage in highly dangerous activities
Tort
When a person commits a wrong in civil law
Plaintiff
Injured party (the suer)
Defendant
The individual who allegedly did something wrong (the suee)
Remedy
To make up for the damage that occurred (usually in money)
Settlement
When both parties reach an agreement to settle the case without going to trial
Consumer Law
Covers all kinds of good & services, applies to anyone who has ever bought anything or signed up for a service is a consumer.
Class Action
A group of people collectively suing
Comparative Negligence
partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury.
Compensatory Damages
damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.
Contingency Fee
The fee you pay your lawyer depends on how much you win in a civil case
Counterclaim
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant's claims are "counterclaims."
Deposition
key part of the discovery process in civil and criminal cases. Depositions are used to gather information and prepare for tria
Litigation
the process of resolving rights-based disputes through the court system, from filing a law suit through arguments on legal motions, a discovery phase involving formal exchange of information, courtroom trial and appeal.
Nominal Damages
small amount of money awarded to a plaintiff in a lawsuit to show he/she was right but suffered no substantial harm.
Punitive Damages
awarded in addition to actual damages in certain circumstances. They are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful.
