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45 Cards in this Set

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environmental law
Field of law that emphasizes the protection fo the environment in the public interest.
nuisance
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.
jurisprudence
The philosophy of law, or the science which treats of the principles of positvie law and legal relations.
negligent nuisance
Caused by a defendant's action or inaction that harmed the plantiff inadvertently.
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 property in a way that offends the health, safety, or morals of the general public.
Takings Clause
The clause in the Fifth Amendment to the U.S. consittuion that forbids the taking of private property for bpublic use without just compensation.
The National Environmental Policey Act of 1969 (NEPA)
Created to regulate the actions of federal agencies. ITs major prupose is to enusre that federal agencies take into account the environmental impact of their actions. Designed to ensure that the public will be made aware of the environmental impact of the major federal projects, including federal grants to the states.
The Clean Air Act (CAA)
THe basic purpose fo the act is to provide the establishment of National Ambient Air Quality Standards (NAAQSs) by the Environmental Protection Agency.
standing
The doctrine requiring that a party bringing suit before a court must have a legal right to do so.
judicial gatekeeping
Term used to describe how judges control access to the judicial system by either opening or closing the judicial"gates" to certain kinds of controversies.
eminent domain
The power of the government to take private property for public use.
zoning
The practice whereby a state or municipality limits the use to which property can be put in a defined geopgraphic region.
"bundle of rights" concept
Property carries with it a bundle of different rights, some of which may be diminished by government action while the remainder are retained by the property owner.
tort
A private or civil wrong in which the defendant's actions cause injury to the plaintiff or to property, and the usual remedy is money damages.
tortfeasor
The wrongful actor in a tort suit.
Negligence
A theory of tort recovery involving a legal duty, a breach of duty proximate cause, and injury.
prima facie case
The plaitniff's verision of the facts, which if taken at first glance or "first face," seems to substantiate the plaintiff's allegations agaisnt the dfendant.
reasonably prudent person
A mythical person created by the courts that is used as the objective standard by which the party's conduct is measured.
licensees
In tort law, a social guest on one's property.
invitees
In tort law, a business visitor on one's premises.
negligence per se
A method of establishing the defendant's negligence by proving a violation of a safety statute or regulation.
res ipsa loquitur
A mehtod of showing the defendant's tort liability by proving that all the instrumentalities were under the defendant's control 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 defendatn's action were so closely connected that the defendant's act caused the injury and there were no intervening causes.
damages
Pecuniary or monetary compensation paid by the wrongdoer in a civil case.
voluntary assumption of risk
A defense used in tort law that the plaintiff was cognizant of the danger and voluntarily chose to encounter the danger.
contributory negligence
A legal theory that totally bars the plaintiff who contributed, even slightly, to his or her own injury from recovering damages.
comparative negligence
A theory that allocates negligence between the plaintiff and the defendant and that allows the plaintiff to recover even if he or she contributed to his or her own injury.
battery
Harmful or offensive contact with another person
assault
The apprehension of an offensive or unwatned contact from another person.
invasion of privacy
Tort that covers three board areas: The intentional invasion of privacy by wiretapping a phone or shadowing a person, The appropriation of a perosn's name or likeness without permission for advertising purposes, and the unwarranted publication of information about an indvidual's private matters.
defamation
The injury to one's reputation in the community by defamatory comments.
slander
Defamation that is spoken or not preserved in permanent form.
libel
Defamation that is preserved in some permanent form.
trespass to land
The injury to antoher's real property by an unlawful entry.
nuisance
The use of the defendant's land in such a way that it interferes with the plaintiff's use or enjoyement of plaintiff's land.
conversion
The deprivation fo an owner of possession of tangible property.
tresspass to chattel
The damage to another's item of tangible, personal property.
chattel
An item of tangible property other than realty.
spamming
The practice of sending bulk unsolicited commercial electronic mail (email).
strict liability
Whereby the tortfeasor may be responsible for the loss or injruy of another even if there has been no violation of the reaosnable standard of contact.
product liability
A theory of tort recovery that imposes liability on the manufacturer, seller, or distributor of dangerous products for injuries sustained by consumers and bystandards.
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.
contingency fee
The normal fee arrangement in a cvil suit in which the attorney recieves a percentage of any ward won by the plaintiff.