Intro 2 Law: vocab Tort-Assumption of risk

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.