BLAW 3230 Exam 1-Ch.3 vocab.
In a comparative negligence jurisdiction, recovery may be made by plaintiff only if the % of fault is less than that of the defendant
49 % Rule
In a comparative negligence jurisdiction, recovery may be made by the plaintiff if the % of fault is equal to or less than that of the defendant
50 % Rule
Higher standard required to prove by a public figure plaintiff in a defamation case
Actual Malice
Principle that parties to a lawsuit pay their own attorney fees rather than shifting such fees to the losing party
American Rule
The apprehension of imminent harmful or offensive contact from another
Assault
Voluntarily assuming a known risk
Assumption of Risk (AOR)
The unwelcome physical contact from another that causes injury
Battery
A specific promise made by the manufacturer about the product
Breach of Express Warranty
Implied warranty that arises when a seller of goods knows the particular purpose for which the purchaser needs the goods
Breach of the Implied Warranty of Fitness for a Particular Purpose
Implied promise that a product will be merchantable and fit for its ordinary use
Breach of the Implied Warranty of Merchantability
Latin expression meaning "Let the buyer beware"
Caveat Emptor
Latin expression meaning "Let the seller beware"
Caveat Venditor
Tort of intentionally using a person's name, image, or likeness w/o permission for personal gain and profit
Commercial Misappropriation
AKA Comparative Negligence
Comparative Fault
Standard in which damages are rewarded based on the degree of fault among plaintiff and defendant; typically, plaintiff's degree of fault must be 49% or less to recover damages in many states (49% rule) while no more than equal to (50% rule) in other states
Comparative Negligence (Fault)
Defense to negligence in which participants voluntarily assume known risks by participation (implied) or by signing a waiver (express)
Consent
Fundamental principle which holds that during competition which naturally involves physical contact, there will be no liability for negligent conduct but rather only for gross negligence or recklessness
Contact Sports Exception
Failure of plaintiffs to take reasonable precautions for their own safety
Contributory Negligence
Analysis used by managers, lawyers, and others to determine whether the cost of modification or change outweighs the benefits of the action particularly in light of potential liability
Cost-Benefit
Test used to determine whether an individual employee is entitled to worker's compensation
Course of Employment
Intentional tort whereby a false statement is published (libel) or spoken (slander) about the plaintiff
Defamation of Character
The key word and issue when determining whether or not a product was responsible in some way for injury to a plaintiff
Defect
Principle in many countries in which the prevailing party in a lawsuit has their legal fees paid for by the losing party, also known as "loser pays"
English Rule
Agreeing, normally in writing, that one understands that certain risks of participation may result in an injury
Express Assumption of the Risk
The entertainment aspect of a sports contest often associated with the use of team mascots
Game Presentation
Failure to use a small amount of care to avoid harm to a plaintiff
Gross Negligence
Voluntarily assuming the risk of being injured in an activity likely to cause an injury but w/o formally agreeing orally or in writing
Implied Assumption of the Risk
Contract in which a company agrees to compensate the insured for loss due to perils or other liability
Insurance
Desire to bring about a particular result
Intent
Intentional tort in which the defendant causes emotional distress by extreme or outrageous conduct
Intentional Infliction of Emotional Distress
Intentional tort of interfering w/ a known contractual relationship w/ the intent to induce one of the parties to breach
Intentional Interference with Contractual Relations
Tort closely related w/ crimes in which the tortfeasor intended to commit an injury to another
Intentional Tort
States which analyze injuries due to flying objects such as foul balls in no special, sport-related way but rather in a typical negligence analysis
Just Negligence Rule
Defamation evidence in print or by a writing of some sort
Libel
States which adhere to the legal principle that as long as the owner or operator of a stadium provides enough protected screening for reasonably expected demand by spectators then there is no liability for injury due to flying objects emanating from the field of play
Limited Duty Rule
Negligence by a professional person, such as a lawyer or physician
Malpractice
Failure to act as an ordinary, reasonably prudent person
Negligence
The failure of an employer to take reasonable steps to ensure that the hired employee does not have a history of criminal misconduct that would interfere w/ the job at hand
Negligent Hiring
States which adhere to the legal principle that fans assume all risks of being hit by flying objects that are a natural part of the game
No Duty Rule
The failure to use the ordinary care that a reasonable person would use in similar circumstances
Ordinary Negligence
Test in a civil case that plaintiff must prove the defendant is "more likely than not" responsible for the injuries sustained
Preponderance of the Evidence
Tort law focusing on a defect in design, manufacture, or warning
Products Liability
Federal law mandating physical exams, onsite ambulances, and medical doctors at boxing events
Professional Boxing Safety Act of 1996
Test used to determine whether, in hindsight, a person acted reasonably
Reasonable Person
Such a high degree of carelessness that most courts view the harm to the plaintiff as intentional, making punitive damage awards likely
Recklessness
Synonym for commercial misappropriation
Right of Publicity
Expression used to describe manner and method of reducing the likelihood of an injury in the context of sport
Risk Management
Knowledge that one is committing fraud or misrepresentation
Scienter
Spoken defamation
Slander
Amount of time a plaintiff has to file a lawsuit
Statute of Limitations
Liability for an activity that involves an ultra-hazardous activity
Strict (Absolute) Liability
A decision by a court that essentially dismisses a case at the outset of the litigation
Summary Judgment
Another name for the intentional interference w/ contractual relations
Tampering
Civil injury or wrong that violates a legal duty owed to another
Tort Law
One who allegedly commits a tort
Tortfeasor
Model act drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL), to provide certainty in governing the sale of goods, commercial paper, secured transactions, etc.
Uniform Commercial Code (UCC)
Concept whereby courts expect that all spectators who watch baseball or softball games have a reasonable expectation that foul balls are part of the risk of watching a game, sometimes referred to as the limited duty rule
Universal (baseball) Rule
Federal law which protects race organizers from negligent acts by volunteers but does not protect for gross negligence or reckless acts
Volunteer Protection Act of 1997
System designed to compensate employees injured on the job in the course of their employment
Workers Compensation
Death caused by a tort such as negligence
Wrongful Death