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Legal - Chapter 21
Chapter 21 Terms
36
Law
Not Applicable
09/19/2011

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Term
civil law
Definition
conflicts between members of society. Includes such wrongs such as breach of contract.
Term
tort
Definition
civil wrong; involves a private right. 1) Existence of a duty owned to the plaintiff by the defendant 2) Violation of that duty 3) Must show the violation has caused injuries 4) There are damages. ** Intent is not a requisite.
Term
tortfeasor
Definition
person who commits a civil wrong or tort; wrongdoer
Term
willful
Definition
intentional
Term
negligence
Definition
carelessness
Term
culpable negligence
Definition
involves wanton, reckless, and intentionally negligent conduct, evidencing a conscious disregard and indefference of the consequences to others and their rights.
Term
contributory negligence
Definition
exists when an injury would not have happened if only one party had been negligent;
Term
comparative negligence
Definition
the negligence of the plf's is compared with the defendant and the plf's recovery is reduced proportionately.
Term
proximate cause
Definition
the happening that is nearest in the order of responsible causation of a result
Term
casualty
Definition
an accident, especially an unfortunate or fatal one
Term
allegation
Definition
an assertion of what a party intends to prove, but it is not proof
Term
class action
Definition
Cases wheerein a number of claims have arisen, in which two or more plf's unite to enforce a single title or right, in which they have a common, undivided interest
Term
sudden emergency doctrine
Definition
law does not require the same degree of care as it does in cases where a person had time to ponder and consider before acting. Also know as the sudden peril rule.
Term
assumption of risk
Definition
a person who knows of an existing peril and voluntarily decides to take a chance of injury.
Term
last clear chance doctrine
Definition
allows an injured party to recover damages, notwithstanding the injured party's own negligence, if the defendant could have avoided injury after discovering or knowing of the peril
Term
wanton
Definition
an individual who is extremely reckless, immoral, or unmindful of the rights of others; immoral man, woman, or child.
Term
Good Samaritan
Definition
person who renders aid to another in an emergency although not legally required to do so
Term
Good Samaritan Statute
Definition
Under the .... a doctor or other person who aids in an emergency cannot be held liable for any resulting claimed negligent damages
Term
attractive nuisance
Definition
when a person keeps anything dangerous on his property that might attract young children, that person has the duty to exercise reasonable care to protect them against the danger of such an attraction
Term
invitee
Definition
a person who enters a place of business, such as a store, to do business; a person whose reason for being on the property of another is ofr the purpose of doing work
Term
licensee
Definition
on the premises of another for his or her own advantage without invitation of the owner or occupier
Term
actio
Definition
lawsuit
Term
actio civilis
Definition
civil action
Term
actio in personam
Definition
personal actions; done or directed against or with reference to a specific person
Term
actio in rem
Definition
action started to affect a specific item or several items of property
Term
replevin
Definition
name given a court action to recover posession of property unlawfully taken or detained.
Term
damages
Definition
money claimed by, or ordered paid to, a person to compensate for injury, loss, or expense through another's fault; the award of money granted in cases involving civil wrongs
Term
nominal damages
Definition
show that a person against whom a breach of contract occurs is entitled to have his or her rights respected
Term
punitive damages
Definition
an additional amount added to actual damages as exemplary damages; awarded when the wrong done is aggravated by fraud, perjury, or maliciousness
Term
exemplary damages
Definition
also called "smart money" and are an increased award because of extra aggravation and injury to the feelings of the plf by the action of the dft
Term
damnum
Definition
means hurt, loss, or harm
Term
damnum fatale
Definition
damage from fate; beyond human control
Term
damnum absque injuria
Definition
damage without injury; loss that doesn't give rise to an action for damages against the person causing it
Term
slander
Definition
defaming of a person's reputation by words
Term
libel
Definition
defamatory writing; any published matter by signs, pictures.....
Term
mortality tables
Definition
contents show the life expectancy of a person of a particular age; are admissible in evidence as a basis for damages to be awarded accident victims
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