APUNTES UNIT 1 LEGAL ENGLISH

Civil wrong

an act or failure to act that causes harm to another person and gives that person the right to take legal action. Example: Negligence can be a civil wrong if it causes someone injury.

Remedy

a legal solution or form of compensation that a court provides to a person who has suffered harm.

Example: The court may order the person responsible to pay damages as a remedy.

Damages

Are financial compensation for loss or injury suffered by the plaintiff including financial loss, property damage, pain and suffering and emotional distress.

Injunction Super injunction

A court order stopping someone from doing something or forcing someone to do sth. 

• Secret injunction. Court order that stops media from publishing information and also bans them from reporting that the order even exists

Negligence

Failure to be as careful as a reasonable person would expected to be.

Libel

A defamatory statement made in writing which harms a person reputation

Slander

A defamatory statement made orally which harms a person reputation

Treespass

Entering a building or property without permission

Nuisance

An activity or situation that interferes with the use or enjoyment of privately owned land or interferes with the health and safety of the public in general.

False imprisionment

Intentional restraint or confinement of another person without autohority

Assault

The threat of imminent harm or offensive contact to a person

Medical malpractice

Deviation from professional standard that causes injury to a patient

Battery

Harmful or offensive physical contact with or caused by another person

Wronggful death

Fatality caused by wrongdoing of others

Product liability

Results from manufacturing defective product

• Assault 

• Libel

• Slander

• Battery

• False imprisonment

Intentional torts

• Nuisance

• Trespass

Intentional torts to property

• Medical malpractice

• Negligence

Unintentional torts

• Product liability

Strict liability torts

Punitive damages

intended to punish the wrongdoer for reckless conduct and deter him or her from repeating the same conduct in the future. They are usually only awarded in exceptional cases of malicious conduct. 

Leading or landmark case

court decision that establishes a new significant new legal principle, reinterprets existing law or sets a major precedent. These cases serve as authorities that judges and lawyers can follow when addressing similar legal issues.

1. Degree of reprehensibility of the defendant's conduct

2. Ratio between punitive damages and actual/potential harm

3. Comparison with penalties for similar misconduct

Guideposts

1. DUTY → obligation to use reasonable care to avoid causing harm to other .

2. BREACH → Failure to meet the required standard of care that a reasonable person would have exercised in the same situation.

3. CAUSATION → The breach caused the injury. The harm must be a foreseeable consequence of the breach. 

4. DAMAGES → The plaintiff suffered actual harm and can claim compensation.

The tort od negligence

3 guideposts

1. Degree of reprehensibility of the defendants conduct

2. Ratio between punitive damages and actual harm

3. Comparison with penalties for similar misconduct

Overturn

 to cancel or set aside a lower court’s decision because the appellate court finds an important error.

Uphold

to agree with and leave the lower court’s decision unchanged.

Decrease

to make something smaller or lower.

Affirm

 to officially confirm that a lower court’s decision was correct and should remain unchanged.

Reverse

to decide that the lower court reached the wrong result and change or cancel that decision

Hear

in law, to listen to and consider a case or appeal in court.

Increase

 to make something larger or higher.

Appeal

a request made to a higher court to review and possibly change a lower court’s decision

Review

 to examine a lower court’s decision to determine whether there were errors or whether the decision should be changed.