Paralegal Law Ch. 7

Front 1

Causation

Back 1

essential element of negligence that limits negligence liability to harm caused by one's unreasonable acts or omissions

Front 2

Cause in fact

Back 2

part of causation brought about by act or omission without which an event which not have occurred; also called causation in fact and actual cause

Front 3

Proximate cause

Back 3

part of causation that requires a sufficient connection between a person's act or omission and an injury to justify imposing liability; also called legal cause

Front 4

Eggshell skull rule

Back 4

exception to proximate cause according to which, if it is foreseeable that the defendant's unreasonable act or omission will result in any harm to the plaintiff's person and harm does occur, then the defendant is liable for the full extent of the harm, including both the foreseeable and the unforeseeable injuries that result

Front 5

Intervening cause

Back 5

event or occurrences that produces harm after the initial injury suffered by the plaintiff, which contributes to or aggravates the initial injury

Front 6

Superseding cause

Back 6

event or occurrence that produces harm after the initial injury suffered by the plaintiff, which cuts off defendant's liabilityy for the later harm

Front 7

Damages

Back 7

essential element of negligence that requires a plaintiff to demonstrate that she suffered a legally recognizable injury

Front 8

Avoidable consequences doctrine

Back 8

a plaintiff is held legally responsible for any further injury or harm that, through his actions, he could have reasonably avoided after being injured by the defendant's negligence

Front 9

Collateral source rule

Back 9

legal doctrine that prohibits the defendant from avoiding liability for injuries caused to the plaintiff but compensated for by collateral sources

Front 10

Collateral source

Back 10

funds or services that a person receives because of an injury caused by a defendant but that come from sources other than the defendant

Front 11

Malpractice

Back 11

failure of a professional, such as a doctor or lawyer, to exercise reasonable care in the performance of professional services; also called professional negligence

Front 12

Mass tort litigation

Back 12

Litigation involving large numbers of plaintiff in multiple jurisdictions, including both state and federal courts, and multiple venues, all injured by the same defendant and arising out of the same event or source

Front 13

Class action

Back 13

lawsuit in which a large group of people bring a legal claim collectively

Front 14

Multidistrict litigation

Back 14

special federal litigation procedure designed to speed the process of handling complex cases

Front 15

Insurance

Back 15

contact utilized by persons to manage their risk of loss under certain circumstances

Front 16

Insurance policy

Back 16

contact for insurance coverage

Front 17

Insurance premium

Back 17

consideration paid by the insured for the insurance protection set forth in the insurance policy

Front 18

Workers' compensation statutes

Back 18

state law that establish an administrative procedure to provide compensation to workers who suffers injury or illness as a result of their employment