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Flashcards in Rooms - Chapter 5 Deck (20):
1

appellant

The party appealing a previous court decision.

2

appellee

The party appealed against. Also known as the respondent.

3

citizen’s arrest

Common law in most states, a citizen’s arrest permits arrest by private citizens when an individual is lawfully deprived of his or her freedom. It should be done only if a sworn police officer cannot respond in time and good judgment requires prompt action.

4

compensatory damages

Damages awarded to compensate the plaintiff for pain and suffering, loss of income during a period of absence from work, medical and hospital expenses, and recuperative facility or home-service expenses.

5

damages

Monetary awards paid by the defendant to compensate the plaintiff, to punish the defendant, or both.

6

defendant

The side the suit is brought against.

7

directed verdict

An immediate decision rendered by a judge after the close of evidence, because either side failed to prove its cause.

8

foreseeability

The reasonable likelihood that a specific future incident could have been foreseen—and, therefore, prevented—based on knowledge of past similar incidents on the premises or in the surrounding community.

9

judgment n.o.v. (notwithstanding the verdict)

A judgment by a trial judge that overrules all or part of the jury verdict.

10

legal cause

The primary or predominating cause from which an injury follows as a natural, direct, and immediate consequence, and without which the injury would not have occurred. Also known as proximate cause.

11

negligence

Failure to exercise the care that a reasonably prudent person would exercise under like or similar circumstances.

12

plaintiff

The side that initiates and files the suit.

13

proximate cause

The primary or predominating cause from which an injury follows as a natural, direct, and immediate consequence, and without which the injury would not have occurred. Also known as legal cause.

14

punitive damages

Damages awarded against a person as punishment for outrageous conduct; punitive damages also act as a deterrent to similar conduct.

15

reasonable care

Actions that are ordinary or usual to protect against a foreseeable event—the central legal issue being that innkeepers owe a duty of care to all persons on their property. Failure to meet this duty may result in security-related liability.

16

respondent

The party appealed against. Also known as the appellee.

17

security

Protecting people and assets. Security efforts may involve such areas of concern as guestroom security, key control, locks, access and perimeter control, alarm and communication systems, lighting, closed-circuit television, safe deposit boxes, inventory control, credit and billing procedures, computer security, staffing, pre-employment screening, employee training, responsible service of alcoholic beverages, emergency and safety procedures, and recordkeeping.

18

summary judgment

A judgment granted (1) to the defendant when the plaintiff fails to meet the factual and legal requirements to establish its case, or (2) to the plaintiff when a valid legal claim exists supported by the facts with no possible defense.

19

tort law

Provides the basis for actions permitting one person to remedy a wrong committed against him or her by another. For example, it permits an injured party to bring a lawsuit for damages against a security officer and the employing property for such unreasonable conduct as false arrest, false imprisonment, malicious prosecution, defamation, and slander.

20

trial court

The court in which a suit or case is first tried.