Pols140 Test 4

Front 1

environmental law

Back 1

Field of law that emphasizes the protection fo the environment in the public interest.

Front 2

nuisance

Back 2

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.

Front 3

jurisprudence

Back 3

The philosophy of law, or the science which treats of the principles of positvie law and legal relations.

Front 4

negligent nuisance

Back 4

Caused by a defendant's action or inaction that harmed the plantiff inadvertently.

Front 5

private nuisance

Back 5

A common law tort that forbids the use of one's property in a way that is offensive or obnoxious to one's neighbors.

Front 6

public nuisance

Back 6

The use of one's property in a way that offends the health, safety, or morals of the general public.

Front 7

Takings Clause

Back 7

The clause in the Fifth Amendment to the U.S. consittuion that forbids the taking of private property for bpublic use without just compensation.

Front 8

The National Environmental Policey Act of 1969 (NEPA)

Back 8

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.

Front 9

The Clean Air Act (CAA)

Back 9

THe basic purpose fo the act is to provide the establishment of National Ambient Air Quality Standards (NAAQSs) by the Environmental Protection Agency.

Front 10

standing

Back 10

The doctrine requiring that a party bringing suit before a court must have a legal right to do so.

Front 11

judicial gatekeeping

Back 11

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.

Front 12

eminent domain

Back 12

The power of the government to take private property for public use.

Front 13

zoning

Back 13

The practice whereby a state or municipality limits the use to which property can be put in a defined geopgraphic region.

Front 14

"bundle of rights" concept

Back 14

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.

Front 15

tort

Back 15

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.

Front 16

tortfeasor

Back 16

The wrongful actor in a tort suit.

Front 17

Negligence

Back 17

A theory of tort recovery involving a legal duty, a breach of duty proximate cause, and injury.

Front 18

prima facie case

Back 18

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.

Front 19

reasonably prudent person

Back 19

A mythical person created by the courts that is used as the objective standard by which the party's conduct is measured.

Front 20

licensees

Back 20

In tort law, a social guest on one's property.

Front 21

invitees

Back 21

In tort law, a business visitor on one's premises.

Front 22

negligence per se

Back 22

A method of establishing the defendant's negligence by proving a violation of a safety statute or regulation.

Front 23

res ipsa loquitur

Back 23

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.

Front 24

proximate cause

Back 24

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.

Front 25

damages

Back 25

Pecuniary or monetary compensation paid by the wrongdoer in a civil case.

Front 26

voluntary assumption of risk

Back 26

A defense used in tort law that the plaintiff was cognizant of the danger and voluntarily chose to encounter the danger.

Front 27

contributory negligence

Back 27

A legal theory that totally bars the plaintiff who contributed, even slightly, to his or her own injury from recovering damages.

Front 28

comparative negligence

Back 28

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.

Front 29

battery

Back 29

Harmful or offensive contact with another person

Front 30

assault

Back 30

The apprehension of an offensive or unwatned contact from another person.

Front 31

invasion of privacy

Back 31

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.

Front 32

defamation

Back 32

The injury to one's reputation in the community by defamatory comments.

Front 33

slander

Back 33

Defamation that is spoken or not preserved in permanent form.

Front 34

libel

Back 34

Defamation that is preserved in some permanent form.

Front 35

trespass to land

Back 35

The injury to antoher's real property by an unlawful entry.

Front 36

nuisance

Back 36

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.

Front 37

conversion

Back 37

The deprivation fo an owner of possession of tangible property.

Front 38

tresspass to chattel

Back 38

The damage to another's item of tangible, personal property.

Front 39

chattel

Back 39

An item of tangible property other than realty.

Front 40

spamming

Back 40

The practice of sending bulk unsolicited commercial electronic mail (email).

Front 41

strict liability

Back 41

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.

Front 42

product liability

Back 42

A theory of tort recovery that imposes liability on the manufacturer, seller, or distributor of dangerous products for injuries sustained by consumers and bystandards.

Front 43

vicarious liability

Back 43

The shifting of liability from the tortfeasor to another party, usually an employer.

Front 44

respondeat superior

Back 44

A theory of vicarious liability in which the employer or master is financially responsible for the torts of employees or servants.

Front 45

contingency fee

Back 45

The normal fee arrangement in a cvil suit in which the attorney recieves a percentage of any ward won by the plaintiff.