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Personal Law > Unit 3 > Flashcards

Unit 3 Flashcards

0
Q

Plaintiff

A

Harmed individual

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1
Q

Tort

A

When a person commits a wrong

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2
Q

Judgment

A

Court’s decision in a case

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3
Q

Defendant

A

The wrongdoer

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4
Q

Damages

A
  1. Injuries or losses due to fault of another

2. Money asked for or paid by a court order for injuries and losses

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5
Q

Liable

A

Responsible

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6
Q

Remedy

A

Something to make up for what was lost

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7
Q

Liability

A

Legal responsibility

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8
Q

Settlement

A

Mutual agreement between two sides in a law suit

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9
Q

Reasons for liability

A
  1. Deep pocket
  2. Implied consent
  3. Vicarious liability
  4. Comparative negligence
  5. Assumption of risk
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10
Q

Common law

A

Precedents

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11
Q

Intentional wrong

A

When a person acts with the intent of injuring a person, his or her property, or both

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12
Q

Negligence

A

Person’s failure to use reasonable care causes harm

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13
Q

Strict liability

A

Defendant is engaged in an activity so dangerous that there’s a risk of harm even if he or she acts with utmost care

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14
Q

Three groups of people face strict liability

A
  1. Owners of dangerous animals
  2. People who engage in highly dangerous activities
  3. Manufacturers and sellers of defective consumer products
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15
Q

Civil law

A

Tort law. Deals with disputes between individuals or groups

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16
Q

Deep pockets

A

Defendant who has enough money to pay for the damages

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17
Q

Immune from lawsuits

A
  1. Minor against parents
  2. Minor against brother/sister
  3. Spouses (in certain states)
  4. Government
  5. Certain government officials
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18
Q

Recover damages from a minor

A

You have to prove the child acted unreasonably for a person of that age and experience

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19
Q

Class action

A

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

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20
Q

Contingency fee

A

Lawyer receives a portion of the recovery if the plaintiff wins

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21
Q

Liability insurance

A

Type of coverage or insurance that pays for injuries to other people or damage to property if the individual insured is responsible for an accident

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22
Q

Premiums

A

Payments insured person agrees to make

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23
Q

Malpractice

A

Failure to meet acceptable standards of practice in any professional or official position

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24
Q

Defense

A

Legal reason not to be held liable

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25
Q

Implied consent

A

Giving consent for certain circumstances

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26
Q

Vicarious liability

A

When the person with responsibility fails to do something but is connected to a higher spot and has responsibility
Those connected legally
Employers are responsible for employee’s actions

27
Q

Comparative negligence

A

More than one party responsible

Dividing the loss according to the degree to which each person is at fault

28
Q

Assumption of risk

A

Knowing and assuming the risk of certain circumstances you are involved in

29
Q

Auto insurance could cover

A
  1. Liability- required
    Per person
    Total people
    Property damage
  2. Medical- medical bills and others in your car
  3. Collision- repairs car (deductible)
  4. Comprehensive- fire, theft, etc. of car
  5. Uninsured motorists- other drivers
  6. Other options- towing, rental cars, windshield damage
30
Q

No-fault insurance

A

Rates are higher

Don’t have to wait to see who’s fault it is to get paid

31
Q

Exclusive remedy

A

Can’t sue

32
Q

Compensatory damages

A

Compensate for loss

Medical bills, lost wages, pain and suffering

33
Q

Nominal damages

A

Symbolic awards, defendant was wrong, makes a point

34
Q

Punitive damages

A

Punishment, for maliciousness, willful or outrageous acts, warning to others

35
Q

Legal defense

A

Having a reason not to pay even though they did what the plaintiff claim

36
Q

Battery

A

Unlawful physical contact

37
Q

Assault

A

Creates fear intentionally

38
Q

Infliction of mental distress

A

Intentionally using words or actions that are meant to cause someone fright, extreme anxiety, or mental distress

39
Q

False imprisonment

A

Intentionally and wrongfully confining another person against his or her will

40
Q

2 types of defamation

A

Libel- written
Slander- spoken
Damage to reputation. Someone has to hear it

41
Q

Real property

A

Stationery. Cannot be moved

Land and items attached

42
Q

Personal property

A

Movable. Cars, clothing and appliances.

43
Q

Intellectual property

A

Copyrights and patents

44
Q

Trespass

A

Occurs when a person goes onto another Preston’s property without permission

45
Q

Nuisance

A

Unreasonable interference with the use and enjoyment of your property

46
Q

Injunction

A

Court order requiring defendant to stop or start a specific act

47
Q

Attractive nuisance

A

Something on your property that will attract neighborhood kids and can cause injury
Need to be made inaccessible

48
Q

Conversion

A

When someone takes your property, unlawfully exercises control over personal property

49
Q

Patent

A

Invention

20 years filed to government

50
Q

Copyright

A

Creative expression
Life of author +70
Place copyright symbol

51
Q

Infringement

A

Violating a copyright or patent

52
Q

Public domain

A

Anyone can use or profit from the invention or expression after it is no longer under patent or copyright

53
Q

First (sale) purchase

A

Can buy something and resell it, but cannot create additional copies

54
Q

Fair use

A

Minor Copyright infringement (education)

55
Q

Derivative works

A

Works that are very similar but slightly different

56
Q

Defense for intentional tort

A 
Consent- written, spoken, or assumed
Privilege- justifies conduct 
    1. Legal authority
    2. Self defense
Defense of property- reasonable force allowed
57
Q

Elements of negligence

A
  1. Duty- defendant owe duty of care to plaintiff
  2. Breach of duty- violated standard of reasonable care
  3. Causation- resulted harm
  4. Damages- suffered actual damages
58
Q

Cause in fact

A

Harm would not have occurred without wrongful act

59
Q

Proximate cause

A

Must have been foreseeable result of act

60
Q

Contributory negligence

A

Plaintiff cannot recover damages if the defendant can find a way that they contributed in any way to the harm suffered

61
Q

Waivers

A

Designed to release the sponsor from liability if you are injured through the sponsor’s negligence

62
Q

Counterclaim

A

Suing back

63
Q

Toxic tort

A

Allowed injured parties to recover damages from industrial polluters if they could establish causation ( harm resulted form manufacture or disposal of hazardous materials)

64
Q

Product liability

A

Held strictly liable to create incentive for companies to design and test their products to be safe

65
Q

Defense to strict liability

A

Negligence
No causation or damages
Misuses

Personal Law (4 decks)

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