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31 Cards in this Set
- Front
- Back
Environmental law
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Field of law that emphasizes the protection of the environment in the public interest
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nuisance
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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
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private nuisance
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a common law tort that forbids the use of one's property in a way that is offensive or obnoxious to one's neighbors
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public nuisance
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the use of one's preperty in a way that offends the health, safety, or morals of the general public
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Taking Clause
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the clause in the fifth amendment to the u.s. constitution that forbids that taking of private property for public use without just compensation
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Standing
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the doctrine requiring that a party bringing suit before a court must have a legal right to do so
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eminent Domain
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the power of the government to take private property for public use
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Tortfeasor
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the wrongful actor in a tort suit
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negligence
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a theory of tort recovery involving a legal duty, a breach of duty, proximate cause, and injury
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Prima Facie
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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
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reasonable prudent person
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a mythical person created by the courts that is used as the objective satndard by which the party's conduct is measured
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invitees
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in tort law, a business visitor on one's premises
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licensees
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in tort law, a social guest in one's property
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negligence per se
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a method of establishing the defendant's negligence by proving a violation of a safety statue or regulation
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res ipsa loquitur
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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
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proximate cause
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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
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damages
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pecunairy or monetary compensation paid by the wrongdoerr in a civil case
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voluntary assumption of risk
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a defense used in a tort law, that the plaintiff was cognizant of the danger and voluntarily chose to encounter the danger
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contributory negligence
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a legal theorythat totally bars the plaintiff who contributed, even slightly, to his or her own injury form recovering damages
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comparative negligence
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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
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assult
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the apprehansion of an offensive or unwanted contact for another person
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battery
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harmful or offensive contact with another person
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defamation
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the injury to one's reputation in the community by defamatory comments
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libel
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defamation that is presered in some permanent form.
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slander
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defamation that is spoken or not preserved in permanent form
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trespass to land
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the injury to another's real property by an unlawful entry
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conversion
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the deprivation of an owner of possession of tangible property
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trespass to chattel
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the damage to another's item of tangible, personal property
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chattel
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an item of tangible property other than realty
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vicarious liability
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the shifting of liability from the tortfeasor to another party, usually an employer.
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respondeat superior
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a theory of vicarious liability in which the employer or master is financially responsible for the torts of employees or servants
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