Vocab for Pre-law

battery

(noun) the act of intentional striking of someone, with intent to harm, or in a “rude” and insolent manner” even if the injury is slight.

Negligent or careless unintentional contact is not ____ no matter how great the harm

is a crime and also the basis for a lawsuit as a civil wrong if there is damage, often coupled with “assault” (which does not require actual touching” in assault and ____”)

Assault

(verb) the threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The person must be reasonably capable of carrying through the attack.

In some states, if the ____is with a deadly weapon (such as sniping with a rifle), the intended victim does not need to know of the peril

other state laws distinguish between different degrees (first or second) of _____ depending on whether there is actual hitting, injury or just a threat.

“Aggravated _____” is an attack connected with the commission of another crime such as beating a clerk during a robbery or particularly vicious attack.

…both a criminal wrong, for which one may be charged and tried, a civil wrong for which the target may sue for damages due to the ______ including for mental distress

self-defence

(noun) the use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe he/she/they is/are in danger

common defense by a person accused of assault, battery or homicide. The force used in _________ may be sufficient for protection from apparent harm (not just an empty verbal threat) or to halt any danger from attack, but cannot be an excuse to continue the attack or use excessive force

appropriate ______ is judfed on all the circumstances. Reasonable force can also be used to protect property from theft or destruction.

Cannot include: killing or great bodily harm to defend property, unless personal danger is also involved, as is the case in most burglaries, muggings or vandalism

Negligence

(noun) Failure to exercise the care towards others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not

_____ is accidental as distinguished from “intentional torts” (assault or trespass for example) or from crimes, but a crime can also constitute ______ , such as reckless driving.

_____ can result in all types of accidents causing physical and/or property damage, but can also include business errors and miscalculations, such as sloppy land survey.

liability

(noun) legal responsibility for one’s acts or ommissions. Failure of a person or entity to meet that responsibility leaves him/her/it open to a lawsuit for any resulting damages or court order to preform (as in a breach of contract or violaion of statue)

contributory negligence

(noun) a doctrine of common law that if a person was injured in part due to his/her own negligence, the injured party would not be entitled to collect any damages (money) form another party supposedly caused the accident.

products liability

(noun) the responsibility of manufacturers, distributors, and sellers of products to the public, to deliver products free of defects that harm the individual or numerous persons, and to make good on that responsibility if their products are defective.

these can include faulty auto breaks, contaminated baby food, exploding bottles of beer, flammable children’s pajamas or lack of label warnings.

burglary

(noun) the crime of breaking and entering into a structure for the purpose of committing a crime. No great force is needed (pushing open a door or slipping through an open window is sufficient) if the entry is unauthrized

It can apply to any crime, such as assault or sexual harassment whether the intended criminal act is committed or not. It has been expanded to all criminal entries into any building, or even into a vehicle.

duty of care

(noun) a requirement that a person act towards others and the public with the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would use.

if person’s actions do not meet the standard of ____, then the acts are considered negligent, and any damages resulting may be claimed in a lawsuit for negligence

proximate cause

(noun) a happening which results in an event, particularly injury due to negligence or an international wrongful act. (underlying cause for an accident )

to prevail in a lawsuit for damages due to negligence or some other wrong, it is essential to claim (plead) ___________ in the complaint and to prove in trial that the negligent act of the defendant was the ______________ (not some other reason) of the damages to the plaintiff.

res ipsa loquitur

(noun) Latin for “the thing speaks for itself” a doctrine of law that one is presumed to be negligent if he/she/it had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence, and without negligence the accident would not have happened (so anyone associated with an injury of someone through negligence is heled accountable)

ex: a load of bricks on the roof of a building being constructed falls and injures Paul below, and the company is liable for pedestrian’s injury though no one saw the load fall

stare decisis

(noun) Latin for “to stand by a decision” the doctrine that a trial court is bound by appellate court decisions (precedents) on a legal question which is raised in the lower court.

Reliance on such precedence is required of trial courts until such time as an appellate court changes the rule, for the trail court cannot ignore the precedent (even when the trail judge believes its “bad law”)

mandamus

(noun) Latin for “ we order,” a writ (more modernly called a “write of madate”) which orders a public agency or governmental body to preform an act required by law when it has neglected or refused to do so.

remand

(verb) to send back. An appeals court may _____ a case to the trail court for further action if it reverses the judgement of the lower court, or after preliminary hearing a judge may remand into custody a person accused of a crime if the judge finds that there is a reason to old the accused for trail

probate

(noun) the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will.

a general term for the entire process of administration of estates of dead persons, including those without wills, with court supervison.

lis pendens

(noun) Latin for “a suit pending” a written notice that a lawsuit has been filed, which concerns the tile to real property or some interest in the real property.

Must include a legal description of the real property, and the lawsuit must involve the property.

interpleader

(noun) the procedure when two parties are involved in a lawsuit over the right to collect a debt from a third party, who admits the money is owned but does not know which person to pay.

The debtor deposits the funds with the court, asks the court to dismiss him/her/it from the lawsuit and lets the claimants fight over it in court.

case

(noun) short term for a cause of action, lawsuit, or the right to sue. It is also shorthand for the reported decisions (appeals, certain decisions of federal courts and special courts such as the tax court) which can be cited as precedents,

example of self defence

an unarmed man punches Allen Alibi, who hits the attacker with a baseball bat. That is ligitmate self-defence, but Alibi cannot chase after the attacker and shoot him or beat him senseless.