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conflicts between members of society. Includes such wrongs such as breach of contract. |
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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. |
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person who commits a civil wrong or tort; wrongdoer |
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involves wanton, reckless, and intentionally negligent conduct, evidencing a conscious disregard and indefference of the consequences to others and their rights. |
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exists when an injury would not have happened if only one party had been negligent; |
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the negligence of the plf's is compared with the defendant and the plf's recovery is reduced proportionately. |
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the happening that is nearest in the order of responsible causation of a result |
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an accident, especially an unfortunate or fatal one |
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an assertion of what a party intends to prove, but it is not proof |
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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 |
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sudden emergency doctrine |
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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. |
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a person who knows of an existing peril and voluntarily decides to take a chance of injury. |
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last clear chance doctrine |
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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 |
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an individual who is extremely reckless, immoral, or unmindful of the rights of others; immoral man, woman, or child. |
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person who renders aid to another in an emergency although not legally required to do so |
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Under the .... a doctor or other person who aids in an emergency cannot be held liable for any resulting claimed negligent damages |
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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 |
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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 |
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on the premises of another for his or her own advantage without invitation of the owner or occupier |
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personal actions; done or directed against or with reference to a specific person |
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action started to affect a specific item or several items of property |
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name given a court action to recover posession of property unlawfully taken or detained. |
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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 |
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show that a person against whom a breach of contract occurs is entitled to have his or her rights respected |
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an additional amount added to actual damages as exemplary damages; awarded when the wrong done is aggravated by fraud, perjury, or maliciousness |
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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 |
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means hurt, loss, or harm |
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damage from fate; beyond human control |
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damage without injury; loss that doesn't give rise to an action for damages against the person causing it |
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defaming of a person's reputation by words |
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defamatory writing; any published matter by signs, pictures..... |
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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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