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tort law
the law of involuntary interactions involving some kind of injury between legal actors
resulting in legally cognizable harm.
contract law
the law of voluntary transactions between legal actors.
plaintiff
an individual or entity which makes a legal claim against another individual or entity.
A plaintiff is a party to a civil action.
defendant
the individual or entity which is accused of harm
appellant
A party who has appealed a case to a higher court.
appellee
a party to an appeal who has not appealed to a higher court
what does the 6th amendment say
guarantees the right to a trial by jury in all criminal cases
what does the 7th amendment say
guarantees the right to a trial by jury in certain civil cases
tort
s nothing more than a “wrong” or “harm” done by one person/entity to another person/entity resulting in legally cognizable injury.
what are the two types o f torts
intentional and negligence/ unintentional
assault
Threat of immediate harm or offensive contact; and Any action that can reasonably cause apprehension of physical harm
battery
unauthorized harmful or offensive physical contact; causes actual injury
doctrine of transferred intent
a mechanism by which a tortfeasor who intended harm to one party but injured another party may be held liable for such intentional harm.
false imprisonment
Restraining or confining another person;
• Restrain may be physical, verbal or otherwise.
• Restraint must be complete.
Without authority or justification.