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CAS Course 2 > Assignment 13 > Flashcards

Assignment 13 Flashcards

1
Q

Tort

A

A wrongful act or an omission, other than a crime or a breach of contract, that invades a legally protected right.

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2
Q

Jurisdiction

A

A particular court’s power or authority to decide a lawsuit of a certain type or within a certain territory.

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3
Q

Tortfeasor

A

A person or organization that has committed a tort.

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4
Q

Intentional tort

A

A tort committed by a person who foresees (or should be able to foresee) that his or her act will harm another person.

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5
Q

Invasion of privacy

A

An encroachment on another person’s right to be left alone.

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6
Q

Negligence

A

The failure to exercise the degree of care that a reasonable person in a similar situation would exercise to avoid harming others.

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7
Q

Common law (case law)

A

Laws that develop out of court decisions in particular cases and establish precedents for future cases.

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8
Q

Plaintiff

A

The person or entity who files a lawsuit and is named as a party.

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9
Q

Standing to sue

A

A party’s right to sue, as one who has suffered or will suffer a legal wrong or an adverse effect from an action.

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10
Q

Defendant

A

The party in a lawsuit against whom a complaint is filed.

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11
Q

Significant contacts rule

A

Specifies that the substantive law of a state having more significant contacts to the parties could apply, even when the tort occurred elsewhere.

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12
Q

Legal duty

A

An obligation imposed by law for the preservation of the legally protected rights of others.

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13
Q

Reasonable person test

A

A standard for the degree of care exercised in a situation that is measured by what a reasonably cautious person would or would not do under similar circumstances.

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14
Q

Common carriers

A

Airlines, railroads, or trucking companies that furnish transportation to any member of the public seeking their offered services.

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15
Q

Proximate cause

A

A cause that, in a natural and continuous sequence unbroken by any new and independent cause, produces an event and without which the event would not have happened.

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16
Q

“But for” rule

A

A rule used to determine whether a defendant’s act was the proximate cause of a plaintiff’s harm based on the determination that the plaintiff’s harm could not have occurred but for the defendant’s act.

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17
Q

Substantial factor rule

A

A rule used to determine proximate cause of a loss by determining which of the acts are significant factors in causing the harm.

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18
Q

Foreseeability rule

A

A rule used to determine proximate cause when a plaintiff’s harm is the natural and probably consequence of the defendant’s wrongful act and when an ordinarily reasonable person would have foreseen the harm.

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19
Q

Intervening act

A

An act, independent of an original act and not readily foreseeable, that breaks the chain of causation and sets a new chain of events in motion that causes harm.

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20
Q

Concurrent causation (concurrent causation doctrine)

A

A legal doctrine stating that if a loss can be attributed to two or more independent concurrent causes - one or more excluded by the policy and one covered - then the policy covers the loss.

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21
Q

Negligence per se

A

An act that is considered inherently negligent because of a violation of a law or an ordinance.

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22
Q

Res ipsa loquitur

A

A legal doctrine that provides that, in some circumstances, negligence is inferred simply by an accident occurring.

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23
Q

Exclusive control

A

The control of only one person or entity; in tort law the control by the defendant alone of an instrument that caused harm.

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24
Q

Comparative negligence

A

A common-law principle that requires both parties to a loss to share the financial burden of the bodily injury or property damage according to their respective degrees of fault.

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25
Q

Contributory negligence

A

A common-law principle that prevents a person who has been harmed from recovering damages if that person’s own negligence contributed in any way to the harm.

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26
Q

Pure comparative negligence rule

A

A comparative negligence rule that permits a plaintiff to recover damages discounted by his or her own percentage of negligence, as long as the plaintiff is not 100 percent at fault.

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27
Q

50 percent comparative negligence rule

A

A comparative negligence rule that permits a plaintiff to recover reduced damages so long as the plaintiff’s negligence is not greater than 50 percent of the total negligence leading to harm.

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28
Q

49 percent comparative negligence rule

A

A comparative negligence rule that permits a plaintiff to recover reduced damages so long as the plaintiff’s negligence is less than the other party’s negligence.

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29
Q

Slight versus gross rule

A

A rule of comparative negligence that permits the plaintiff to recover only when the plaintiff’s negligence is slight in comparison with the gross negligence of the other party.

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30
Q

Release

A

A legally binding contract between the parties to a dispute that embodies their agreement, obligates each to fulfill the agreement, and releases both parties from further obligation to one another that relates to the dispute.

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31
Q

Exculpatory clause (exculpatory agreement)

A

A contractual provision purporting to excuse a party from liability resulting from negligence or an otherwise wrongful act.

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32
Q

Liquidated damages

A

A reasonable estimation of actual damages, agreed to by contracting parties and included in the contract, to be paid in the event of a breach or for negligence.

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33
Q

Gross negligence

A

An act or omission that completely disregards the safety or rights of others and is exaggerated or aggravated in nature.

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34
Q

Immunity

A

A defense that, in certain instances, shields organizations or persons from liability.

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35
Q

Sovereign immunity (governmental immunity)

A

A defense to negligence that protects the government against lawsuits for tort without its consent.

36
Q

Proprietary function

A

A local government’s act that is not considered part of the business of government and that could be performed by a private enterprise.

37
Q

Governmental function

A

An act that can be performed only by government.

38
Q

Administrative act (discretionary act)

A

An act, a decision, a recommendation, or an omission made by a government official or agency within the authority of that office or agency.

39
Q

Ministerial act

A

An act that is directed by law or other authority and that requires no individual judgment or discretion about whether or how to perform it.

40
Q

Interspousal immunity

A

A defense to negligence that grants immunity to one spouse from the other spouse’s lawsuit for torts committed before, during, and after the marriage.

41
Q

Parent-child immunity

A

A defense to negligence that grants immunity to parents from their children’s lawsuits for torts.

42
Q

Statue of limitations

A

A statute that requires a plaintiff to file a lawsuit within a specific time period after a wrongful act by a defendant, such as improper construction of a building, regardless of when the injury occurred or was discovered.

43
Q

Trespasser

A

A person who intentionally enters onto the property of another without permission or any legal right to do so.

44
Q

Nuisance

A

Anything interfering with another person’s use or enjoyment of property.

45
Q

Attractive nuisance doctrine

A

A doctrine treating a child as a licensee, or guest, rather than a trespasser on land containing an artificial and harmful condition that is certain to attract children.

46
Q

Licensee

A

A person who has permission to enter onto another’s property for his or her own purposes.

47
Q

Invitee

A

Person who enters a premises for the financial benefit of the owner or occupant.

48
Q

Express license

A

The oral or written permission to enter onto another’s land to do a certain act, but not the granting of any interest in the land itself.

49
Q

Implied license

A

The permission to enter onto another’s land arising out of a relationship between the party who enters the land and the owner.

50
Q

Public invitee

A

A person invited to enter onto premises as a member of the general public for a purpose for which the land is open to the public.

51
Q

Business invitee

A

An individual who has express or implied permission to be on the premises of another for the purpose of doing business.

52
Q

Battery

A

Intentional harmful or offensive physical contact with another person without legal justification.

53
Q

Assault

A

The threat of force against another person that creates a well-founded fear of imminent harmful or offensive contact.

54
Q

False imprisonment

A

The restraint or confinement of a person without consent or legal authority.

55
Q

False arrest

A

The seizure or forcible restraint of a person without legal authority.

56
Q

Intentional infliction of emotional distress

A

An intentional act causing mental anguish that results in physical injury.

57
Q

Negligent infliction of emotional distress

A

An unintentional act causing mental anguish that results in physical injury.

58
Q

Defamation

A

A false written or oral statement that harms another’s reputation.

59
Q

Slander

A

A defamatory statement expressed by speech.

60
Q

Libel

A

A defamatory statement express in a writing.

61
Q

Publication

A

In tort law, the communication of a defamatory statement to another person.

62
Q

Product disparagement, or trade libel

A

An intentional false and misleading statement about a characteristic of a plaintiff’s product, resulting in financial damage to the plaintiff.

63
Q

Fraud

A

An internal misrepresentation resulting in harm to a person or an organization.

64
Q

Bad faith (outrage)

A

A breach of the duty of good faith and fair dealing.

65
Q

Injurious falsehood

A

A group of torts involving disparagement that causes harm to any kind of legally protected intangible property right.

66
Q

Malicious interference with prospective economic advantage

A

A tort involving intentional interference with another’s business, or with another’s expected economic advantage.

67
Q

Malice

A

The intent to do a wrongful act without justification or excuse.

68
Q

Unfair competition

A

Use of wrongful or fraudulent practices by a business to gain an unfair advantage over competitors.

69
Q

Interference with employment

A

An unjustified intentional act that interferes with another’s valid or expected business relationship.

70
Q

Wrongful-life action

A

A lawsuit by or on behalf of a child with birth defects, alleging that, but for the doctor-defendant’s negligent advice, the parents would not have conceived the child or would have terminated the pregnancy so as to avoid the pain and suffering resulting from the child’s defects.

71
Q

Wrongful-pregnancy action (wrongful-conception action)

A

A lawsuit by a parent for damages resulting from a pregnancy following a failed sterilization.

72
Q

Malicious prosecution

A

The improper institution of legal proceedings against another.

73
Q

Probably cause

A

The grounds that would lead a reasonable person to believe that the plaintiff committed the act for which the defendant is suing.

74
Q

Malicious abuse of process

A

The use of civil or criminal procedures for a purpose for which they were not designed.

75
Q

Trespass

A

Unauthorized entry to another person’s real property or forcible interference with another person’s personal property.

76
Q

Private nuisance

A

An unreasonable and unlawful interference with another’s use or enjoyment of his or her real property.

77
Q

Public nuisance

A

An act, occupation, or structure that affects the public at large or a substantial segment of the public, interfering with public enjoyment or rights regarding property.

78
Q

Intentional nuisance

A

Purposeful interference with another party’s enjoyment of his or her property.

79
Q

Conversion

A

The unlawful exercise of control over another person’s personal property to the detriment of the owner.

80
Q

Chattel

A

Tangible, movable personal property.

81
Q

Strict liability (absolute liability)

A

Liability imposed by a court or by a statue in the absence of fault when harm results from activities or conditions that are extremely dangerous, unnatural, ultrahazardous, extraordinary, abnormal, or inappropriate.

82
Q

Ultrahazardous activity (abnormally dangerous activity)

A

An activity that is inherently dangerous; if harm results, the performer may be held strictly liable.

83
Q

Toxic tort

A

A civil wrong arising from exposure to a toxic substance.

84
Q

Environmental law

A

The body of law that deals with the environment’s maintenance and protection.

85
Q

Statute of repose

A

A statute that requires a plaintiff to file a lawsuit within a specific time period after a wrongful act by a defendant, such as improper construction of a building, regardless of when the injury occurred or was discovered.

CAS Course 2 (15 decks)

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