Alternative Dispute Resolution and Tort Law Overview

Alternative Dispute Resolution (ADR)

Methods to resolve disputes outside of litigation.

Litigation

Legal process for resolving disputes in court.

Mediation

Third-party facilitation to help parties reach agreement.

Arbitration

Binding resolution imposed by a third party.

Negotiation

Compromise between parties to reach a conclusion.

Position-Based Negotiation

Negotiation without rules, potential for bad faith.

Interest-Based Negotiation

Focus on underlying interests rather than positions.

Win-Win Situation

Outcome beneficial for all parties involved.

Judicial Review

Court's review of decisions made in mediation.

Caucus

Private meeting between mediator and one party.

Mandatory Arbitration

Arbitration required by law or agreement.

Voluntary Arbitration

Parties agree to arbitration process willingly.

Tort

Civil wrong causing harm, leading to compensation.

Tortfeasor

Individual who commits a tortious act.

Negligence

Failure to act reasonably, causing harm.

Intentional Torts

Deliberate actions causing harm to others.

Assault

Placing another in apprehension of harm.

Battery

Intentional physical contact causing harm.

Remedy

Compensation awarded for a tortious act.

De Novo Review

New trial disregarding previous arbitration findings.

Mock Trial

Simulated trial to prepare for actual litigation.

Mini-Trial

Presentation of cases followed by mediation.

Private Judging

Private trial conducted by experienced judges.

Costs of ADR

Generally cheaper than traditional litigation.

Intentional Tort

Deliberate act causing harm to another.

Self Defense

Using reasonable force to protect oneself.

Stand Your Ground Act

No duty to retreat when threatened.

Castle Doctrine

No retreat required on one's property.

Infliction of Mental Distress

Extreme behavior causing emotional harm.

Invasion of Privacy

Intrusion into someone's personal life.

Misappropriation

Using someone's likeness without permission.

Invasion of Solitude

Unauthorized intrusion into private space.

False Imprisonment

Unjustified confinement against one's will.

Shopkeeper's Privilege

Legal protection for detaining suspected shoplifters.

Malicious Prosecution

False information leading to wrongful arrest.

Trespass

Entering property without consent.

Attractive Nuisance

Dangerous condition attracting children.

Conversion

Unauthorized control over someone else's property.

Defamation

Harming someone's reputation through false statements.

Slander

Oral defamation damaging reputation.

Libel

Written defamation harming someone's character.

Actual Malice

Publishing known falsehoods with disregard for truth.

Injurious Falsehood

False statements about a product causing harm.

Fraud

Deceptive practices for personal gain.

Tortious Interference

Interfering with another's contractual relationship.

Duty of Care

Obligation to act as a reasonable person.

Breach of Duty

Failing to meet the standard of care.

Unreasonable Behavior

Acting in a manner that fails to protect others.

Shoplifting

Theft of goods from a retail establishment.

Emotional Distress

Severe emotional suffering due to another's actions.

Reasonable Force

Proportional response to perceived threat.

Public Humiliation

Causing someone to feel shame in public.

Damages

Compensation for harm or injury suffered.

Wiretapping

Unauthorized interception of private communications.

Key Strokes

Recording of typed input without consent.

Causation in Fact

Direct cause of injuries from unreasonable behavior.

Proximate Causation

Foreseeability of injury from actions taken.

Actual Injury

Suffering tangible harm or damages.

Contributory Negligence

Plaintiff's negligence bars recovery of damages.

Comparative Responsibility

Adjusts damages based on plaintiff's fault percentage.

Assumption of Risk

Acceptance of inherent risks in activities.

Good Samaritan Law

Protects helpers from liability in emergencies.

Strict Liability

Liability without proof of negligence or intent.

Ultra Hazardous Activity

Inherently dangerous activities leading to strict liability.

Dram Shop Acts

Bars liable for overserving intoxicated patrons.

Respondent Superior

Employer liable for employee's negligent acts.

Foreseeability

Expectation of injury from specific actions.

Duty to Supervise

Responsibility to oversee children's safety.

Negligent Behavior

Actions falling below reasonable person standard.

Inherent Risks

Risks naturally associated with an activity.

Liability for Maintenance

Responsibility for ensuring safe premises.

Injury Proof

Requirement to show actual harm for claims.

Negligent Entrustment

Liability for allowing unsafe actions by others.

Child Proofing

Safety measures to prevent child access.

Emergency Assistance

Help provided in urgent situations.

Negligence Standard

Benchmark for determining unreasonable behavior.

Third Party Liability

Responsibility for harm caused to others.

Liability Waivers

Agreements limiting responsibility for injuries.

Scope of Employment

Employee acts within job duties and responsibilities.

Frolic and Detour

Employee acts outside employment scope, employer not liable.

Joint and Several Liability

Collect damages from any liable party, regardless.

Strict Product Liability

Liability for unreasonably dangerous defective products.

Production Defect

Single instance of defect during manufacturing process.

Design Defect

Flawed product design affecting all units produced.

Compensatory Damages

Financial compensation to restore pre-injury condition.

Past/Future Medical Expenses

Reimbursement for medical costs incurred or expected.

Past/Future Economic Loss

Compensation for lost income due to injury.

Past/Future Pain and Suffering

Compensation for physical and emotional distress.

Punitive Damages

Financial penalty to punish wrongful conduct.

Employer-Employee Relationship

Legal bond where employer is responsible for employee actions.

Defective Product

Product that poses unreasonable danger to users.

Liability of Retailers

Retailers liable for selling defective products.

Damages Calculation

Mathematical formulas used to determine compensation.

Ford Pinto Case

Example of punitive damages due to negligence.

Injury Lawsuit

Legal action taken for damages caused by negligence.

Exemplary Damages

Another term for punitive damages in legal context.

Negligent Acts

Actions causing harm due to lack of care.

Gross Negligence

Severe negligence exceeding ordinary care standards.

Tort Reform

Changes to reduce excessive jury awards.

State-of-the-Art Defense

Technology standard at the time of injury.