Business Law 5-2
injunction
A court order for a person to do or not do a particular act.
Summons
A court order to appear in court and answer the complaint
contributary negligence
A legal defense that may be raised when the defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff.
testimony
A statement made by witnesses under oath
invasion of privacy
A tort defined as the uninvited intrusion into an individual's personal relationships and activities in a way likely to cause shame or mental suffering in an ordinary person.
Punitive Damages
A type of damages generally only awarded in intentional tort cases. they are meant to punish the person who inflicted the injury.
Assumption of Risk
Another defense to negligence
Comparative negligence
Applies when a plaintiff in a negligence action is partially at fault
Statutes of repose
Cut off the right to use for defects in design and manufacturing of products after a certain time, typically 5 to 12 years, after manufacture sale.
Trespass to Land
Entry onto the property of another without the owners consent
Interference with contractual relations
Generally parties who breach a contract to which they are a party must pay damages under contract law for the injury suffered by the other party.
writ of execution
If the damage award is not paid the plaintiff may obtain this
Compensatory Damages
Meant to place the injured party in the position he or she was in prior to the injury or loss.
expert witness
Possesses superior knowledge about important facts
Intentional Infliction of Emotional distress
Requires an intentional or reckless act by the defendant that is outraged or extreme and that causes the victim to suffer severe emotional distress
Battery
Shooting, pushing in anger, spitting on, or throwing a pie in another's face are all examples of battery
judgement
The final result of the trail
False Imprisonment
The intentional confinement of a person against the persons will and without lawful privilege.
Plaintiff
The party that files the complaint
Breach of Duty
The reasonable person standard defines the duty of due care in any specific case.
discovery
after a defendant answers the complaint, the parties are free to use the court-supervised procedures to developer support for their cases
Defamation
if a false statement injures a person's reputation or good name, it may constitute this tort
evidence
includes anything that the judge allows to be presented to the jury that helps to prove or disprove the alleged facts
answer
legal document containing the defendants responses to the complaints allegations
Strict Liability
liability without fault
Assault
occurs when one person intentionally puts another in reasonable fear of an offensive or harmful touching
fraud
occurs when there is an intentional misrepresentation of an existing important fact.
Causation and injury
proof that the defendant breached a duty does not guarantee that the plaintiff will win a negligence case. The plaintiff must also prove that the defendant's breach caused her to experience injury.
Slander
spoken defamation
Duty imposed by negligence
the general duty imposed by negligence law is defined by the reasonable-person standard
verdict
the juries decision
complaint
the plaintiff makes allegations which detail the injury he or she has received at the hands of the defendant
Conversion
this right isbviolated if the property is stolen, destroyed, or used in a manner inconsistent with the owners rights
intentional tort
torts in which the defendant possessed the intent or purpose to inflict the resultant injury
Libel
written defamation