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17 Cards in this Set
- Front
- Back
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Breach |
A violation of law, legal obligation, or promise, the defendant failure to execute reasonable care when fulfilling a duty owed to plaintiff |
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Cause and fact |
The action taken by the defendant without which the plaintiff injury would not have occurred |
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Civil law |
The body of law of the state or nation that deals with the right of private citizen |
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Compensatory damages |
The compensation that plaintiffs receive for their injuries Also called actual damages. the goal of this type of damages is to restore the plaintiff to the condition they were in before the injury occurred |
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Complaint |
The plaintiffs version of the facts, which specifies the damages and frames the issue of the case. Includes various counts of distinct statements of the plaintiff cause of action. Highlights the factual and legal basis of the suit |
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Damages |
Legally recognized harm or injury to a person or property |
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Defendant |
The person or entity against whom the case is filed |
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Duty |
Legal recognition of the relationship between the plaintiff and the defendant, which means that the defendant is obliged to act in a certain manner towards the plaintiff |
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Injury |
A legally recognized harm, usually in the form of physical injury to a person or property |
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Intentional tort |
Injuries caused by behavior or actions that were committed mindfully, rather than accidentally |
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Negligence |
A legal claim that generally involves accidental behavior that caused injuries |
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Plaintiff |
The person making the complaint and filing a lawsuit |
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Preponderance of evidence |
The greater weight of the evidence required in a civil lawsuit for their trier a fact to decide in favor of one side of the other |
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Proximate cause |
The scope of the defendants responsibility, harm that the defendant could have foreseen |
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Punitive damages |
An award to the plaintiffs intended to punish defendants for behavior that is particularly bad and provide a deterrent to such behavior |
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Strict product liability |
The law that holds manufacturers and sellers of the product responsible for selling products that caused injury. The defendant does not need to have active negligently or intentionally |
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Tort law |
Provides relief for persons who have suffered harm from the wrongful acts of others |
