American Legal System Chapter 3

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American Legal System Chapter 3
2012-12-17 23:33:22
Intro Law

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  1. Injunctions
    A prohibitive writ forbidding a party to do some act.
  2. Damages
    Money awarded by a Court to someone who has been injured by another person, designed to compensate the injured party for the injury and, in some cases, to punish the wrongdoer.
  3. Common law
    Law derived from cases decided by Courts rather than from legislated statutes; ancient British tradition on which American jurispurdence systerm is based.
  4. Tort
    Act, or omission to act, that causes legal harm to another, committed under circumstances where the law imposes a duty to refrain from causing such harm; a civil wrong, as opposed to a criminal offense.
  5. Fraud
    Knowingly false representation made to a person upon which that person reasonably relies to his or her detriment in deciding to enter a transaction into which he or she would not otherwise have entered.
  6. Strict-liability torts
    Civil wrong for which a person may be held liable despite having acted with the utmost care.
  7. Writ of trespass
    In medieval times, a quasi-criminal remedy for redress of a direct and usually intentional injury.
  8. Tortfeasor
    One who commits a tort.
  9. Doctrine of transferred intent
    Theory under which the intent to harm a person is transferred from the intended victim to a second person who is actually harmed.
  10. Battery
    Intentional tort; the harmful or offensive touching of another person, inlucding that person's clothing or an object closely associated with that person.
  11. Assault
    Intentional tort; placing another person in apprehension of battery.
  12. False imprisonment
    Intentional tort; restraining a person within a bounded area against that person's will.
  13. Intentional infliction of emotional distress
    Intentional tort; conduct so extreme, outrageous, and transcending all bounds of common decency so as to affect severely another person.
  14. Trespass
    Intentional tort; interference with a person's right to exclusive and complete possession of land or tangible goods.
  15. Chattel
    Physical object, as opposed to an abstract concept; personal property.
  16. Conversion
    Intentional tort consisting of the intentional exercise of dominion or control over a chattel that so seriously interferes with the right of another person to control the chattel that the person controlling may justly be required to pay the other person the full value of the chattel.
  17. Negligence
    Tort consisting of four basic elements: a duty to conform to a certain standard established by law, a failure to meet such standard, a cause-and-effect relationship between that failure and the resulting injury, and damages resulting from the injury.
  18. Negligence per se
    Violation of a statute prohibiting certain conduct, which statute was enacted to benefit a class of persons.
  19. res ipsa loquitur
    Latin term for "The thing speaks for itself."
  20. Causation in fact
    Negligent conduct causing a resulting injury that would not have occurred if the negligent conduct had not occurred.
  21. Proximate causation
    Concept in tort liability under which injuries result, although not directly, fom an action or failure to act.
  22. Trespasser
    One who is on land without express or implied permission of the landowner.
  23. Attractive nuisance
    An unreasonably dangerous condition that might result in injury to children who cannot learn or appreciate the danger.
  24. License
    In real property law, a limited right to use land for a specific purpose; not an estate interest.
  25. Invitee
    One who is on land as a membe of the public or to further the business interests of the person owning the land.
  26. Comparative negligence
    Theory under which a plaintiff is permitted to recover damages so long as the plaintiff's negligene is not greater than the negligence of the defendant.
  27. "One-bite" rule
    Assumption that the owner of a cat or dog is not liable for the first time a pet bites a person.
  28. Products liablility
    Strict-liability tort involving products that are defective and unreasonalbly dangerous.
  29. Comparative causation
    Doctrine in strict tort liability under which a defendant's liability may be reduced by a percentage that represents the degree to which the plaintiff's misconduct participated in causing the injury.
  30. Private nuisance
    Interference with a landowner's right to possession and enjoyment of his or her land.