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11 Cards in this Set
- Front
- Back
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A civil wrong (other than a breech of contract) that causes injury or other damage for which our legal system deems it just to provide a remedy such as compensation.
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Tort
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Liability imposed on one party for the conduct of another, based solely upon the status of the relationship between the two (e.g., employer-employee)
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Vicarious Liability
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"Let the master (boss) answer." An employer is responsible (liable) for the wrongs committed by an employee within the scope of employment.
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Respondeat Superior
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That which is foreseeably done by an employee for an employer under the latter's specific or general control
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Scope of employement
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1) an individual, a business, or another organizatin with resources to pay a potential judgment. 2) Sufficient assets for this purpose. The opposite of Shallow Pocket.
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Deep Pocket
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Harm caused by the failure to use reasonable care
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Negligence
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1. Summons, writ, or court order, e.g., to appear in court. 2. Procedures or proceedings in an action to prosecution.
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Process
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A tort with the following elements: (1) to initiate or procure the initiation of civil or criminal legal proceedings; (2) without probable cause; (3) with malice or an improper purpose; and (4) the proceedings terminate in favor of the person against whom the proceedings were brought.
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Malicious Prosecution
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A tort consisting of (1) the use of a civil or criminal process, (2) for a purpose for which the process is not designed, and (3) resulting in actual damage
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Abuse of Process
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Name three different kinds of wrongdoing a paralegal might commit:
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1)The tort of negligence-EX: If the paralegal was a notary and improperly notarized documents 2) An Intentional Tort EX: Battery 3) An act that is both a crime (Embezzlement) and an intentional tort (conversion)
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Name four possible theories of employer liability for employee wrongdoing:
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Careless Hiring (Negligent Hiring)
Careless Supervision ( Negligent Supervision) Participation in wrongdoing Vicarious Liability (Respondeat Superior) |
