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Torts
Torts
24
Law
8th Grade
03/23/2010

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Cards

Term
TORTS
Definition
WHEN A PERSON COMMITS A WRONG
Term
PLAINTIFF
Definition
IN A CIVIL SUIT, THE HARMED INDIVIDUAL
Term
DEFENDENT
Definition
WRONGDOER
Term
LIABLE
Definition
WHO SHALL BE HELD RESPONSIBLE
Term
REMEDY
Definition
SOMETHING TO MAKE UP FOR WHAT WAS LOST
Term
LIABILITY
Definition
LEGAL RESPONSIBILITY; THE OBILIGATION TO DO OR NOT DO SOMETHING
Term
SETTLEMENT
Definition
THE AGREEMENT REACHED
Term
INTENTIONAL WRONG
Definition
WHEN A PERSON ACTS WITH THE INTENT OF INJURING A PERSON, HIS/HER PROPERTY OR BOTH
Term
NEGLIGENCE
Definition
UNINTENTIONAL TORT; A PERSON'S FAILURE TO USE REASONABLE CARE CAUSES HARM
Term
STRICT LIABILITY
Definition

WHEN THE DEFENDENT IS ENGAGED IN AN ACTIVITY SO DANGEROUS THAT THERE IS A RISK OF HARM EVEN IF HE/SHE ACTS WITH EXTREME CARE.

1. OWNERS OF DANGEROUS ANIMALS

2. PEROPLE WHO ENGAGE IN HIGHLY DANGEROUS ACTIVITIES

3. MANUFACTURES AND SELLERS OF DEFECTIVE CONSUMER PRODUCTS

Term
DAMAGES
Definition

1) INJURIES OR LOSSES SUFFERED BY ONE PERSON DUE TO THE FAULT OF ANOTHER

 

2) MONEY ASKED FOR OR PAID BY A COURT ORDER FOR THE INJURIES OF LOSSES SUFFERED

Term
COMPENSATORY DAMAGES
Definition
COMPENSATION FOR HARM CAUSED BY THE DEFENDANT
Term
NOMINAL DAMAGES
Definition
SYMBOLIC AWARD OF MONEY WHERE NO REAL HARM WAS DONE, BUT SHOWS THE DEFENDENT WAS WRONG
Term
PUNITIVE DAMAGES
Definition
AMOUNTS OF MONEY AWARDED TO PALINTIFF TO PUNISH THE DEFENDANT FOR MALICIOUS, WILLFUL OR OUTRAGEOUS ACTS
Term
LEGAL DEFENSE
Definition
DEFENDANT DOES NOT HAVE TO PAY FOR INJURY/LOSSES CAUSED BECAUSE OF A LEGAL EXCUSE OR REASON
Term
BATTERY
Definition
PERSON INTENTIONALLY CUASES A HARMFUL OR OFFENSIVE CONTACT WITH ANOTHER PERSON
Term
ASSAULT
Definition
PERSON INTENTIONALLY PUTS SOMEONE IN FEAR OF AN IMMEDIATE HARMFUL OR OFFENSIVE CONTACT
Term
INFLICTION OF MENTAL DISTRESS
Definition
SOMEONE USES WORDS OR ACTIONS THAT ARE MEANT TO CAUSE SOMEONE FRIGHT, EXTREME ANXIETY, OR MENTAL DISTRESS
Term
FALSE IMPRISONMENT
Definition
SOMEONE INTENTIONALLY OR WRONGFULLY CONFINES ANOTHER PERSON AGAINST HIS OR HER WILL
Term
DEFAMATION
Definition
WHEN A PERSON MAKES A FALSE STATEMENT THAT IS COMMUNICATED TO A THIRD PARTY CAUSING HARM TO THE PLAINTIFF
Term
SLANDER
Definition
SPOKEN DEFAMATION: MAKING A SPOKEN FALSE STEMENT THAT IS COMMUNITED TO A THIRD PARTY CAUSEIN HARM TO THE PLAINTIFF
Term
LIBEL
Definition
WRITTEN DEFAMATION: WRITTEN FALSE STATEMENT THAT IS COMMUNICATED TO A THRID PARTY CAUSING HARM TO THE PLAINTIFF
Term

NEW YORK TIMES RULE

(DEFAMATION OF PUBLIC OFFICIAL/CELEBRITY)

Definition
PUBLIC FIGURE MUST PROVE  THAT A STATEMENT WAS FALSE AND CAUSED HARM BUT ALSO THAT THE STATEMENT WAS MADE WITH MALICE
Term
MALICE
Definition
KNOWLEDGE OF ITS FALSITY OR WITH A RECKLESS DISREGARD FOR WHETHER THE STATEMENT WAS TRUE
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