tort

Liable, Liability

When are party is legally responsible for something

Causation

The action of causing something

Remedy

a form of court enforcement of a legal right resulting from a successful civil lawsuit 

Class-Action Lawsuit

a procedural device that permits one of more party to file and prosecute a lawsuit on behalf of a larger group 

Complaint

where one party sues another party

Preponderance of the Evidence (Burden of Proof)

To prove something is more likely than not 

Malpractice

When a professional fails to properly execute their duty to a client 

Plaintiff vs. Defendant

the party who brings a legal action the party being sued

Settlement

 An agreement that ends a dispute and results in the voluntary dismissal of any related litigation

Liability Insurance (example: Car Insurance)

an insurance product that provides protection against claims resulting from injuries and damage to other people or property

Tort Reform

 a group of ideas that are designed to change the laws of the civil justice system so that the damages are reduced 

Statute of Limitations

a law which sets the maximum period which one can wait before filing a lawsuit 

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Frivolous Lawsuits

 a lawsuit filed by an attorney who knowingly brings a case forwards despite a lack of legal precedent or facts 

Intentional Torts

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Purposeful harm( physical or emotional) 

Battery:

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harmful or offensive contact of a person

Negligence Torts

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Doing or refusing to do something that harms another person( failure to exercise reasonable care) 

Strict Liability Torts

Strict action that is seen to be so dangerous that one is assumed to be at fault at injury or damage cause 

Compensatory Damages

designed to compensate for harm or loss of money by the plaintiff 

Nominal Damages

When the plaintiff was wrong but there was no real substantial or financial harm done 

Punitive Damages

designed to punish the defendant

Mediation

Neutral third party attempts to help both sides agree

Arbitration

Similar  but involves a hearing in which both parties can present evidence in a testimony  

Assault

does not require contact must have a reasonable fear beyond words 

Infliction of Emotional Distress

using words or actions to cause someone anxiety or emotional distress, physical injury is not required  

False Imprisonment

confining someone against their will 

Defamation

making untrue statements that harms someone's reputation  

Libel

written

Slander

spoken

Copyrights

protect creative products ,protected your lifetime plus 70 years 

Patents

 protect your new inventions ( protected for 20 years) 

Fair Use

you can you exerts for educational use but you must give your source 

Infringement

unauthorized used of products

Breach of Duty

 the defendant's conduct violated this duty

Cause in fact

asks the question: would the harm have occurred without the wrongful act 

Proximate Cause

Requires that the harm must be a reasonably foreseeable act 

Damages

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 the plaintiff suffered actual injury or loss 

Contributory Negligence

 the plaintiff is in fault for part of the harm so they could not sue at all 

Comparative Negligence

dividing the damages according to the extent to each party is responsible 

Counterclaims

deflects the liability of others 

Assumption of Risk

when a plaintiff has knowingly encountered a danger and has proceed anyways