(H) US History 1 and Law - Final Exam (Review)

Plaintiff

The individual who brings the lawsuit or is wronged

Defendant

The individual accused of committing the harmful act

Settlement

When the two parties simply meet and discuss how to compensate the injured person, the agreement they reach is called a

Remedy

Something that makes up for the harm done (paying damages)

Damages

Money awarded to make up for loss or injury caused by the wrongful act of another

Liable

To be legally responsible for loss or injury

Tort

A civil wrong that causes harm or injury to another person or their property

Burden of proof for civil trial

Preponderance of evidence: Plaintiff has the duty to prove the defendant’s guilt, jury believes more likely than not the plaintiff’s claims are true

Burden of proof for criminal trial

Beyond a reasonable doubt: Prosecution has the burden to prove the defendant’s guilt, jury has doubts that the defendant is truly guilty

Negligence

An unintentional tort, occurs when a person’s failure to use responsible care causes harm to others

Strict Liability

When a person is legally responsible for harm, even if they were careful and had no intent to cause it, usually occurs when a person is engaged in an activity so dangerous that there is a serious risk for harm

Product Liability

When a manufacturer is legally responsible for harm caused by their malfunctioning or defective product

Intentional Wrong

An action done with intent for hurting a person, their property, or both

3 types of damages

Compensatory, nominal, and punitive damages

Compensatory Damages

Money awarded to the plaintiff to compensate or make up for the harm or injury caused by the defendant

Nominal Damages

A small amount of money awarded to the plaintiff to show a legal wrong occurred but not injury was caused

Punitive Damages

Money awarded to the plaintiff to punish the defendant and to warn others not to commit the same wrongful act

Assault

An intentional act that causes another person to fear or anticipate an immediate harmful or offensive contact, even if no physical contact actually occurs

Battery

An intentional harmful or offensive contact with another person (must be physical)

What is the difference between assault and battery?

Assault is when a person threatens or makes another person feel a harmful physical contact will occur while battery is when a person actually makes a harmful physical contact with another person

What are the goals of the legal system?

To protect basic human rights, promote fairness, help resolve conflicts, promote order and stability, promote desirable social and economic behavior, represent the will of the majority, and protect the rights of minorities

What were the rights Miranda in Miranda v. Arizona wasn’t informed of?

Right to remain silent, right to an attorney at interrogation and trial, right to a court-appointed attorney if one can’t afford one, and “anything you say can and will be used against you in a court of law”

What constitutional amendments were central to Miranda v. Arizona?

5th amendment (protection against self-incrimination, an attorney present to prevent it) and 6th amendment (right to an attorney)

2 types of defamation

Slander and libel

Slander

Spoken statements that harm reputation

Libel

Written statements that harm reputation

Defamation

False statements that harm the reputation of another person

Infliction of emotional distress

When a person intentionally used words, actions, or outrageous behaviors to cause someone emotional distress or extreme anxiety

Negotiation

Informal dispute resolution tactics where the 2 parties in conflict communicate to settle a dispute and come to an agreement

Mediation

Dispute resolution tactic where a third party listens to the 2 sides in conflict and offers suggestion/helps them reach a decision, does not impose a decision

Arbitration

Dispute resolution tactic where a third party (arbitrator) makes a decision for the 2 parties in conflict, decision must be followed by all parties, arbitrator is unbiased and is selected by the people in disagreement