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31 Cards in this Set

  • Front
  • Back
Environmental law
Field of law that emphasizes the protection of the environment in the public interest
the use of the defendant's land in such a way that it interferes with the plaintiff's use or enjoyment of plaintiff's land
private nuisance
a common law tort that forbids the use of one's property in a way that is offensive or obnoxious to one's neighbors
public nuisance
the use of one's preperty in a way that offends the health, safety, or morals of the general public
Taking Clause
the clause in the fifth amendment to the u.s. constitution that forbids that taking of private property for public use without just compensation
the doctrine requiring that a party bringing suit before a court must have a legal right to do so
eminent Domain
the power of the government to take private property for public use
the wrongful actor in a tort suit
a theory of tort recovery involving a legal duty, a breach of duty, proximate cause, and injury
Prima Facie
the plaintiff's version of the facts, which if taken at first glance or first face, seems to substantiate the plaintiff's allegations against the defendant
reasonable prudent person
a mythical person created by the courts that is used as the objective satndard by which the party's conduct is measured
in tort law, a business visitor on one's premises
in tort law, a social guest in one's property
negligence per se
a method of establishing the defendant's negligence by proving a violation of a safety statue or regulation
res ipsa loquitur
a method of showing the defendant's otrt liability by proving that all the instrumentalities were under the deffendant's contorl and that the accident was of a kind that would not have occurred without negligence
proximate cause
the theory that the injury sustained by the plaintiff and the defendant's action were so closely connected that the defendant's act caused the injury and there were no intervening causes
pecunairy or monetary compensation paid by the wrongdoerr in a civil case
voluntary assumption of risk
a defense used in a tort law, that the plaintiff was cognizant of the danger and voluntarily chose to encounter the danger
contributory negligence
a legal theorythat totally bars the plaintiff who contributed, even slightly, to his or her own injury form recovering damages
comparative negligence
a theory that allocates negligence between the plaintiff and the defendant and that allows the plaintiff to revover even he or she contributed to his or her won injury
the apprehansion of an offensive or unwanted contact for another person
harmful or offensive contact with another person
the injury to one's reputation in the community by defamatory comments
defamation that is presered in some permanent form.
defamation that is spoken or not preserved in permanent form
trespass to land
the injury to another's real property by an unlawful entry
the deprivation of an owner of possession of tangible property
trespass to chattel
the damage to another's item of tangible, personal property
an item of tangible property other than realty
vicarious liability
the shifting of liability from the tortfeasor to another party, usually an employer.
respondeat superior
a theory of vicarious liability in which the employer or master is financially responsible for the torts of employees or servants