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