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LSTD
Chapter 12
26
Law
Undergraduate 2
12/07/2009

Additional Law Flashcards

 


 

Cards

Term
actionable
Definition
capable of serving as the basis of a lawsuit
Term
actual malice
Definition
a condition that exists when a person makes a statement with reckless disregard for the truth
Term
appropriation
Definition
in tort law, the use by one person of another person's name, likeness, or other identifying characteristics without permission and for the benefit of the user
Term
assault
Definition
any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat
Term
business tort
Definition
the wrongful interference with the business rights of another
Term
comparative negligence
Definition
a theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (even the injured party)
Term
compensatory damages
Definition
a monetary award equivalent to the actual value of injuries or damages sustained by the aggrieved party
Term
conversion
Definition
the wrongful taking, using, or retaining possession of personal property that belongs to another
Term
defamation
Definition
any published or publicly spoken false statement that causes injury to another's good name, reputation, or character
Term
disparagement of property
Definition
an economically injurious false-hood made about another product or property
Term
dram shop act
Definition
a state statute imposing liability to any person who owns a bar, tavern, or anyone that sells drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication
Term
duty of care
Definition
a duty of all persons as established by tort law, to exercise a reasonable amount of care in their dealings with other
Term
fraudulent misrepresentation
Definition
any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment
Term
good samaritan statute
Definition
any person who rescues or provides emergency services to others in peril cannot be sued unless they do so recklessly or cause further harm
Term
libel
Definition
defamation in writing or other form
Term
malpractice
Definition
professional misconduct or the failure to exercise the requisite degree of skill as a professional
Term
negligence
Definition
the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
Term
negligence per se
Definition
an act (or failure to act) in violation of a statutory requirement
Term
privilege
Definition
in tort law, the ability to act contrary to another person's right without that person's having legal redress for such acts; privilege may be raised as a defense to defamation
Term
proximate cause
Definition
legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability
Term
reasonable person standard
Definition
the standard of behavior expected of a hypothetical "reasonable person." The standard against which negligence is measured and that must be observed to avoid liability for negligence
Term
res ipsa loquitur
Definition
a doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. The term literally means the facts speak for themselves
Term
slander
Definition
defamation in oral form
Term
slander of quality (same thing as trade libel)
Definition
the publication of false information about another's product, alleging that it is not what its seller claims
Term
slander of title
Definition
the publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to the property's owner
Term
tort
Definition
a civil wrong not arising from a breach of a contract. a breach of a legal duty that proximately cause harm or injury to another
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