Business Law 5-2

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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


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