tort

Liable, Liability

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

Frivolous Lawsuits

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

Intentional Torts

Purposeful harm( physical or emotional)

Battery:

harmful or offensive contact of a person

Negligence Torts

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

 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