Business Law Ch.6

duty

a legal obligation to do or not to do something

tort

a private civil wrong, an offense against an individual

witness

strict liability

neither intent or carelessness is required

assault

when one person intentionally threatens to physically or offensively injure another ( gestures, words, believable, able to do action)

battery

intentional breach of the duty to refrain from harmful or offensive touching of another

false imprisonment

depriving a person of freedom of movement without the persons consent and without privilege

defamination

a false statement that injures one´s reputation

trespass to land

entering onto the property of another without the owners consent

conversion

violation go the right to control your own possessions, occurs when property is stolen, destroyed, or used in a manner inconsistent with the owners rights

fraud

occurs when there is intentional misrepresentation of an existing important fact

contributory negligence

when the plantiffs own negligence was a partial cause of the injury

comparative negligence

a legal rule in personal injury law that reduces the damages a plaintiff can recover based on their percentage of fault in an accident

evidence

materials presented to approve/disapprove facts

judgement

final result of the trial (determined by a judge)

witness

a person with personal knowledge of the important facts

testimony

a statement by a witness under oath

compensatory damages

compensate for a loss (wages, medical bills)

proximate cause

a legal concept defining the primary, foreseeable cause of an injury or event, determining liability in tort and criminal cases.

punitive damages

to punish or make an example of

negligence

when a person breaches a legal obligation, or falls short of fulfilling an obligation

difference between a crime and tort

crime is offense against society, tort is a private/ civil wrong against individual

4 elements of a tort

duty, breach of duty, injury, causation

what compels a witness to testify in court

subpoena

difference between assault and battery

assault is a threat to do something within ability and battery is unlawful/harmful touching

who decides issues of a fact of jury trial

the jury

defense for slander and libel

proof that the statement is true

who can a converter be

the thief/ buyer of stolen goods

2 types of damages someone can sue for

compensatory and punitive

steps of a civil trial

jury selected

opening statements from attorneys

evidence presented

closing statements from attorneys

judge gives instructions to the jury

jury deliberates

jury renders a verdict

judge renders a judgement

assumption of risk

a legal defense in personal injury law that bars or reduces a plaintiff's ability to recover compensation if they voluntarily and knowingly participated in a dangerous activity, thus accepting the inherent risks.