American Law Torts and Property

Tort

A civil wrong other than a breach of contract.

Negligence

A failure to live up to society’s ideal of reasonable care in a given situation.

Intentional Tort

A type of tort where the defendant injures the plaintiff on purpose, not through negligence.

Duty of Care

The basic obligation to avoid acting in ways that could injure others or their property.

Assumption of Risk

A defense claiming that defendants do not have a duty to protect plaintiffs from injuries resulting from inherently risky activities.

Causation

The relationship between the harm suffered and the breach of duty in tort law.

Defamation

Statements made by one party that damage another’s reputation.

Res Ipsa Loquitur

A legal doctrine allowing the court to infer negligence from the nature of the accident.

Malpractice

A form of professional negligence where a professional fails to meet the standard of care expected in their field.

Punitive Damages

Additional damages awarded in cases of intentional torts to punish the defendant.

Defendant

A person being accused of committing a tort or crime.

Tortfeasor

A person who commits a tort.

False Imprisonment

A type of tort that involves restraining someone against their will.

Tortious Interference

Wrongful interference with contractual relations between two parties.

Intentional Infliction of Emotional Distress

An intentional tort involving outrageous conduct that causes severe emotional distress.

Libel

Defamation expressed in printed form, such as newspapers and online articles.

Slander

Defamation expressed in spoken words.

Bundle of Rights

The concept that property ownership includes a collection of rights such as the right to use, sell, or lease the property.

Personal Property

Movable items owned by an individual that can be acquired through purchase, creation, capture, or finding.

Lost Property

Property that an owner unintentionally parted with and does not know its current location.

Mislaid Property

Property that an owner intentionally placed somewhere but forgot about.

Abandoned Property

Property that the owner has no intention of reclaiming.

Donor

The individual who gives a gift to another person.

Donee

The recipient of a gift.

Trust

A legal arrangement where one party (the trustee) manages property for the benefit of another (the beneficiary).

Revocable Trust

A trust that can be modified or terminated by the grantor at any time.

Irrevocable Trust

A trust that cannot be altered or dissolved once established.

Eminent Domain

The government's power to seize private property for public use, with compensation to the owner.

Probate

The legal process of administering the estate of a deceased person.

Intestate

The condition of an individual who dies without a valid will.

Zoning

The process by which local governments designate specific areas for certain types of development or land use.

Regulatory Taking

A situation in which government regulation limits the use of property to such an extent that it loses its economic value.

Finders Keepers

A rule that generally allows the finder of abandoned property to claim it as their own.

Bundle of Rights

The collection of various rights associated with property ownership, including control, enjoyment, exclusion, and disposition.

Real Property

Land and anything permanently attached to it, such as buildings or fixtures.

Personal Property

Movable items that are not classified as real property, which can be either tangible or intangible.

Joint Tenancy

A type of ownership where two or more people hold property simultaneously with rights of survivorship.

Life Estate

An interest in land that lasts for the lifetime of a specified individual; the interest cannot be passed on to heirs.

Easement

A legally enforceable right to use another person's land for a specific purpose, which the owner cannot deny.

Adverse Possession

The legal principle allowing a person to claim ownership of land after continuous and unauthorized use for a certain period, typically 20 years.

Trust

A fiduciary relationship in which one party holds property for the benefit of another.

Remainderman

A person who is entitled to receive property after the termination of a life estate.

Contingent Property Rights

Rights that depend on a future event or condition to become effective.

Duty to Rescue

The legal principle that individuals in the United States typically do not have a legal obligation to help others in peril.

Bystander Rule

In Europe, individuals may be penalized for failing to assist someone in need.

Good Samaritan Statute

Laws designed to protect individuals from liability when they voluntarily provide assistance in an emergency.

Attractive Nuisance

A legal doctrine that states property owners may be liable for injuries to children trespassing if they are attracted by a hazardous condition on the property.

Causation

The requirement in tort law that the plaintiff must demonstrate that the defendant's actions are the direct cause of the plaintiff's harm.

Foreseeability

The ability to predict or expect potential outcomes from one's actions, particularly regarding negligence in tort cases.

Res Ipsa Loquitur

A doctrine allowing an inference of negligence when the cause of an accident is under the defendant's control.

Strict Liability

A legal standard that holds a defendant liable for harm caused by their actions regardless of negligence or intent, often applied in cases involving abnormally dangerous activities.

Joint and Several Liability

A legal concept where multiple defendants can be held liable for the entire amount of damages in a tort case.

Eggshell Plaintiff Rule

A legal doctrine stating that a defendant is liable for the plaintiff's injuries even if the injuries are more severe than what a typical person would have suffered.