torts

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The flashcards below were created by user tmoy4565 on FreezingBlue Flashcards.


  1. A structure which, in whole or in part, is built upon the real property of another.
    encroachment
  2. battery
    Intentional harmful or offensive touching of another.
  3. assault
    A threat or use of force against another person so as to instill in such person a reasonable fear of imminent harm
  4. self defense
    One person’s use of force against another who attacks, or threatens to attack, such person or his or her family or property, which may result in a lessening of the self-defender’s responsibility for injuring the attacker.
  5. necessity defense
    Necessity caused by an “act of God” or other disaster resulting in an inability to control movements justifies entries upon land and interferences with personal property that would otherwise have been trespasses
  6. private necessity
    A party who has no choice but to damage the property of another to protect her own interests in an emergency is privileged and will not be at fault for trespassing or conversion; the party must nevertheless compensate the property's owner for any resulting damages
  7. trespass
    A wrongful act perpetrated against a person or a person’s property, most commonly an intrusion upon another’s real property.
  8. physical restraint
    In a claim for false imprisonment, an impediment that physically holds back or contains an individual’s personal liberty or freedom.
  9. false imprisonment
    A claim that the defendant detained or restrained the plaintiff in a bounded location without legal authority or the plaintiff’s consent.
  10. reasonably prudent person
    An objective standard that serves as the model of all legal behavior. This person does everything in moderation, follows the community ethic, and always exercises due care.
  11. trespass
    A wrongful act perpetrated against a person or a person’s property, most commonly an intrusion upon another’s real property.
  12. nuisance
    Some thing or condition that interferes with another person’s use or enjoyment of property.
  13. privilege
    Some thing or condition that interferes with another person’s use or enjoyment of property.
  14. ordinary care
    Also known as reasonable care, a duty requiring one to act as  a reasonable man would under all the circumstances.
  15. contributory negligence
    The plaintiff’s own negligence which, depending on its extent and the jurisdiction, could operate to preclude or reduce the plaintiff’s recovery.
  16. reasonable care
    A standard of care required by all persons, the deviation from which may result in liability.
  17. Conduct that falls below the expected standard of care that a reasonably prudent person would have exercised under like circumstances.
    negligence
  18. duty of care
    An obligation to act in a reasonably careful manner in order to prevent harm to others.
  19. Judgment notwithstanding the verdict
    Also referred to as “judgment n.o.v.” or “JNOV” (for judgment non obstante verdicto), a judgment issued by the trial court judge in opposition to a verdict reached by the jury.
  20. Ordinary care
    Also known as reasonable care, a duty requiring one to act as  a reasonable man would under all the circumstances.
  21. negligence per-se
    Meaning “negligence in itself,” conduct that is deemed to be negligent as a matter of law without requiring proof that the actor breached a duty of care.
  22. proximate cause
    A legally sufficient cause of a compensable injury.
  23. customs and practice
    Accepted norms, procedures or methods of operation, that if proven and acted in conformity therewith, demonstrate that an individual acted with due care.
  24. landowner liability
    The proper test to be applied for determining the liability of a landowner is whether in the management of his property he has acted as a reasonable man given the probability of injury to others, and, although the plaintiff’s status as a trespasser, licensee, or invitee may have some bearing on the question of the landowner’s liability, this status alone is not determinative.
  25. Voluntary undertaking
    An act that one willingly performs without statutory requirement or receipt of consideration.
  26. therapist duty to warn
    When a therapist learns from his patient about intent to do harm to a third party, the therapist has a duty to take reasonable precautions given the circumstances to warn the potential victim of danger.
  27. Landlord duty of care
    When a landlord leases portions of a building to tenants and maintains control over parts of the building for common use, the landlord has a legal duty to exercise reasonable care to minimize the risk to tenants of foreseeable criminal acts committed by third parties on the entire premises and particularly in the common areas.
  28. Circumstantial evidence
    Evidence that is not based on personal observation or knowledge.
  29. administratrix
    • A woman who has been appointed to administer an estate.
    •  
  30. loss of chance
    • A common law doctrine providing that a doctor may be held liable for his patient’s death when the doctor’s treatment increased the probability of the patient’s harm, even if the doctor’s treatment was not a substantial factor in causing the death of the patient.
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  31. concurrent tortfeasor
    • One of two or more defendants potentially liable for a single injury or claim.
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  32. alternative liability
    • Liability imposed on multiple tortfeasors who have all breached a duty to the plaintiff, but there exists uncertainty as to which tortfeasor proximately caused the plaintiff’s harm.
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  33. palsgraf rule
    • The principle that liability for negligence will not lie unless it was reasonably foreseeable that the conduct would result in injury to the victim.
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  34. reasonably foreseeable
    • A consequence is “reasonably foreseeable” if it could have been anticipated by an ordinary person of average intelligence as naturally flowing from his actions.
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  35. affidavit
    A written statement of fact voluntarily provided by one who is under oath.
  36. demurrer
    A pleading that seeks dismissal of a claim on the grounds that the claimant is not entitled to legal relief even if all alleged facts are true.
  37. wrongful death action
    • Civil action generally filed by a decedent’s heir and/or other beneficiaries against those responsible for the decedent’s willful or negligent death.
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  38. duty of care
    • An obligation to act in a reasonably careful manner in order to prevent harm to others.
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  39. Last clear chance doctrine
    • The contributory negligence of a plaintiff will not defeat his negligence claim if the defendant had the last opportunity to avoid the consequence of the plaintiff’s negligence.
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  40. Strict Liability
    Imposition of liability upon a defendant for carrying on an abnormally dangerous activity regardless of the defendant’s conduct or fault.

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Author:
tmoy4565
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326116
Filename:
torts
Updated:
2016-11-30 23:28:12
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torts
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