Introduction to Civil Law and Legal Concepts

Comprehensive vocabulary flashcards covering legal terms including torts, damages, consumer law, contract law, and domestic relations based on lecture notes.

Tort

A wrongful act or infringement of a right that leads to a civil action.

Negligence

An unintentional act that leads to injury, property damage, or financial loss.

Strict Liability

Liability that does not depend on negligence or intent.

Waiver

The voluntary surrender of a right.

Notice

A displayed sheet or placard giving news or information.

Disclaimer

A statement that denies responsibility of risk or limits responsibility for anything not expressly promised in a contract.

Negotiation

The process of discussing an issue to reach an agreement.

Dispute Resolution

The process of resolving a dispute by two or more parties.

Arbitration

The hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them.

Plaintiff

The person who brings a case against another in a court of law.

Defendant

An individual, company, or institution sued or accused in a court of law.

Witness

A person who sees an event, typically a crime or accident, take place.

Testimony

A formal written or spoken statement, given in a court of law.

Jury

A body of people, typically $12$ in number, sworn to give a verdict in a legal case on the basis of evidence submitted to them in court.

Deliberation

The phase of a civil or criminal trial in which the jury meets in private to discuss the evidence and decide whether the defendant is liable or guilty.

Verdict

A decision on a disputed issue in a civil or criminal case.

Civil Case Jurors

The number of jurors who hear a civil case, usually $6$ to $12$. To reach a verdict, the agreement must be unanimous or majority.

Preponderance of evidence

The standard of proof in a civil case.

Due Process

A citizen's right to fair access to the courts and to fair treatment when government action affects a person's interests.

Judicial Review

The process used by courts to protect basic freedoms by making sure that government does not violate a fundamental right without good reason.

Litigation

The process of taking legal action.

Punitive Damages

Damages awarded in excess of damages to punish reckless acts.

Nominal Damages

A damage award issued by a court when a legal wrong has occurred but there was no financial loss.

Compensatory Damages

Damages paid to compensate the victim for loss, injury, or harm.

Strut Liability fort

A type of liability where the defendant is guilty no matter the circumstances because the activity is so dangerous; elements include causation and damages.

Restitution

The act of restoring something to its owner, making good for loss or damage, or repaying illegally obtained money or property.

Consumer

A person who purchases goods and services for personal use.

Creditor

A person who provides credit, loans money, or delivers goods or services before payment is made.

Lender

An organization or person that lends money.

Debtor

A person who owes money or buys on credit.

Collateral

Money or property given as security in case a person is unable to repay a debt.

Secured Credit

Credit for which the consumer must put up some kind of property as protection in the event a debt is not repaid.

Unsecured Credit

Credit based only on a promise to repay in the future.

Repossession

The process to take back a debtor's property because the debtor failed to repay a debt.

Lien

A lender's claim against a collateral asset that may be legally sold should the borrower fail to repay a loan.

Contract

A legally enforceable agreement between two or more people to exchange something of value.

Unenforceable Contract causes

Factors like illegality, fraud, or lack of capacity.

Breach

The violation of law, duty, or other form of obligation, including obligations formed through contracts or warranties.

Amendment

A condition or provision added to something already said or decreed.

Tenant

A person who rents property.

Landlord

The property owner who leases or rents space.

Eviction/Expulsion

The action of expelling someone, especially a tenant, from a property.

Lease term

A fixed period of tenancy.

Warranty

A guarantee or promise made by a seller or manufacturer concerning the quality or performance of goods offered for sale.

Implied warranty of merchantability

The unwritten minimum standard of quality the law requires and the implied promise that the item sold is of at least average quality for its type.

Express Warranty

A statement of fact or a demonstration concerning the quality or performance of goods offered for sale.

Warranty title

The seller's promise that he or she owns and may transmit title to the item being offered for sale.

Marriage

The process by which two people make their relationship public, official, and permanent.

Florida Marriage License

Requires a wait of $3$ days after receiving the license to get married, unless a premarital preparation course is completed.

Legal Separation

A court order that mandates the rights and duties of a couple while they are still married but living apart.

Divorce

The process of terminating a marriage or marital union.

Child support

Ongoing, periodic payment made by parent for the financial benefit of a child following a divorce.

Alimony

a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce

Stepchild

a child of one's husband or wife by a previous marriage called

Adoption

the process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents

Will

a legal document that sets forth your wishes regarding the distribution of your property and the care of any minor children if you die

Estate

everything comprising the net worth of an individual, including all land and real estate, possessions, financial securities, cash, and other assets that the individual owns or has a controlling interest in

Intestate

person who has died without having made a will called

Living Will

written statement detailing a person's desires regarding their medical treatment in circumstances in which they are no longer able to express informed consent, especially an advance directive

Truth in Lending Act (part of Consumer Credit Protection Act)

the federal law enacted in 1968 to help protect consumers in their dealings with lenders and creditors

Fair Credit Billing Act (FCBA)

federal law enacted to protect consumers from unfair billing practices, such as unauthorized charges, charges for unaccepted or undelivered goods and services and other disputed charges