Civil Law Terms Quiz

Tort

A breach of some obligation, causing harm or injury to someone; a civil wrong, such as negligence or libel

Plaintiff

In a civil case, the injured party who brings legal action against the alleged wrongdoer

Judgment

a Court's decision in a civil case

Defendant

the person against whom a claim is made in a civil suit, the defendant is a person being sued; and a criminal case, the defendant is the person charged with committing a crime

Damages

money asked for or paid by court order to Plaintiff for injuries or losses suffered

Liable

Legally responsible

Remedy

what is done to compensate for an injury or to enforce some right

Liability

legal responsibility; the obligations to do or not do something. The defendant in a tort case incurs liability for failing to use reasonable care resulting in harm to the plaintiff

Settlement

Mutual agreement between two sides and a civil lawsuit made either before the case goes to trial or before a final judgment is entered that settles or ends the dispute

Common law

a system in which Court decisions established legal principles and rules of law

Precedent

appellate court decision on a legal question that guides future cases representing similar questions

Statutes

written laws enacted by legislatures

Intentional wrong

Also called intentional tort; and act taken deliberately to harm another person and/or his or her property

Negligence

Are the failure to recognize a reasonable amount of care in either doing or not doing something resulting in harm or injury to another person

Strict liability

the legal responsibility for damage or injury even if you're not negligent

Civil law

All law that does not involve criminal matters such as tort and contract law civil law usually deals with private rights of individuals groups or businesses

Standard of proof

the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding the standard of proof in a criminal trial is generally Beyond A Reasonable Doubt whereas a civil case generally requires the Lesser standard of preponderance of the evidence

Preponderance of evidence

Usually the standard of proof used in a civil suit the burden of proof that a party must meet in order to win the lawsuit to win a party must provide evidence that is more convincing than the other side's evidence

Deep pockets

description of the person or organization among many possible defendants best able to pay damages and therefore most likely to be sued in a tort case

Minor

a child a person under the legal age of adulthood usually 18 or 21

Immune

Exempt from penalties payments or legal requirements free from prosecution

Waive

to give up some right privilege or benefit voluntarily

Class action

a lawsuit brought by one or more persons on behalf of a larger group

Contingency fee

the fee paid to an attorney based on a percentage of the sum the client is awarded or settles for in a lawsuit

Contract

Illegally enforceable agreement between two or more people to exchange something of value

Malpractice

failure to meet acceptable standards of practice and any professional or official position often basis for lawsuits by clients or patients against their attorney or physician

Exclusive remedy

The only solution or compensation available to a plaintiff in a particular legal situation

Intentionally

With purpose

Intentional tort

an action taken deliberately to harm another person and or his or her property

Compensatory damages

in a civil case money the court requires a defendant to pay a winning plaintiff to make up for harm caused his harm can be financial (for example lost wages, medical expenses, ect. ) Physical (for example past, present, and future pain and suffering) and in some jurisdictions emotional (fright and shock, anxiety, etc)

Nominal damages

A token amount of money awarded by a court to a plaintiff to show that the claim was justified, even if the plaintiff is unable to prove economic harm

Punitive damages

Awards in excess of The Proven economic loss. in a tort action, they are awarded to the plaintiff to punish the defendant and to warn others not to engage in such conduct

Battery

Any intentional, unlawful physical contact inflicted on one person by another without consent. In some states, this is combined with assault. A battery can also be a crime

Assault

An intentional threat, show a force, or movement that caused a reasonable fear of, or an actual physical contact with, another person. It can be a crime or a tort

Intentional infliction of emotional distress

A tort in which a defendant purposely engages in an action that causes extreme emotional harm to the plaintiff

False imprisonment

The intention or wrongful confinement of another person against his or her will

Slander

Spoken expression about a person that is false and damages that person's reputation

Defamation

written or spoken expression about a person communicated to a third party that is false and damages that person's reputation

Libel

a written expression about a person that is false and damages that person's reputation

Real property

Land and all items attached to it such as houses, crops, and fences

Personal property

property or belongings that can be moved such as cars, clothing, furniture, and appliances

Trespass

the unauthorized intrusion on, or improper use of, property belonging to another person. This can be the basis of an intentional tort case or a criminal prosecution

Nuisance

And unreasonable interference with the use and enjoyment of one's property, usually repeated or continued for prolonged periods of time

Injunction

a court order requiring a person to do or refrain from doing a particular Act

Conversion

in tort law, the taking or controlling of another’s property without consent. If the property is not returned to the rightful owner, the court can force the defendant to give the plaintiff the monetary value of the property

Consent

Written, spoken, or assumed agreement to something

Privilege

1. an advantage, right to preferential treatment, or excuse from Duty others must perform. 2. a right that cannot be taken away. 3. the right to speak or write personally damaging words because the law specifically allows it. 4. the right and duty to withhold information from others because of some special status or relationship of confidentiality these privileges include spousal, doctor patient, and attorney client

Self-defense

The right to defend oneself with whatever force is reasonably necessary against an actual or reasonably perceived threat of personal harm

defense of property

the use of reasonable force, which would otherwise be illegal, to defend your home or other property

Elements

The conditions that make an act unlawful

Duty

a legal obligation

Breaches

the violation of a law, duty, or other form of obligation, including obligations form through contracts or warranties, either by engaging in an action or failing to act

Attractive nuisance

Doctrine that says if a person keeps something on his or her premises that is likely to attract children, that person must take reasonable steps to protect the children against dangers the condition might cause

Causation

The reason an event occurs; that which produces an effect. it is one of the four elements that must be proven in a negligence case. causation is subdivided into cause in fact and proximate cause

Case in fact

One of the elements a plaintiff must prove in order to establish causation in a negligence suit. it means that if the harm would not have occurred without the wrongful act, the act is the cause in the in fact of the harm

Proximate cause

In negligence law, this concept limits damages the defendant must pay to only those harms that are reasonably predictable consequences of the defendant's wrongful acts

Contributory Negligence

Illegal defense in which it is determined that the plaintiff and defendant share the fault for negligence tort. If proven, the plaintiff cannot recover damages

Comparative negligence

In a tort suit, a finding that the plaintiff was partly at fault and, therefore, does not deserve full compensation for his or her injuries. For example, if an accident was 40% the plaintiffs fault, the plaintiff damages are reduced by 40%.

Counterclaim

a claim made by a defendant against the plaintiff in a civil lawsuit

Assumption of risk

Illegal defense to a negligence tort, whereby the plaintiff is considered to have voluntarily accepted a known risk of danger