tort
(law) any wrongdoing for which an action for damages may be brought
judgment
(law) the determination by a court of competent jurisdiction on matters submitted to it
damages
a sum of money paid in compensation for loss or injury
liable/liability
held legally responsible
remedy
what is done to compensate for an injury or to enforce some right
settlement
mutual agreement of both parties made before case goes to trial, that settles the dispute
intentional wrong
action taken to deliberately harm
negligence
failure of to exercise a reasonable amount of care in either doing or not doing something, resulting in the harm of another person
strict liability
responsibility of a seller or manufacturer for any defective product unduly threatening personal safety
standard of proof
level of certainty and the degree of evidence needed to establish proof in a criminal or civil law case. in a criminal trial= beyond reasonable doubt
preponderance of evidence
standard of proof used in a civil suit; the burden of proof that a party must meet in order to win the lawsuit. to win, must have more convincing evidence
class action lawsuit
when a banned of people get together to protest against the same thing
strict liability
legal responsibility for damage or injury even if you ate not negligent
toxic tort
a lawsuit against a manufacturer of a toxic substance for harm caused by manufacture
product liability
the legal responsibility of manufactures and sellers for injuries caused by defective products they sell or produce
compensatory damages
(law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
punitive damages
(law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
emotional distress
emotional suffering caused by the infliction of extreme and outrageous intentional conduct by another
elements of negligence
duty, breach, causation, damages.
duty
the defendant owed the plaintiff a duty to act reasonably. considering to take precautions, likelihood of harm and seriousness of the harm
breach
the violation of duty, or other form of obligation, obligations formed through contracts or warranties.
causation
the harm would not have occurred without the defendant's actions. "cause of fact" and that the harm was foreseeable
contributory negligence
plaintiff's failure to exercise reasonable care may offset some or all of defendant's liability
assumption of risk
a legal defense to a negligence tort, that the plaintiff was aware of the risks when participating in the activity.