Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
24 Cards in this Set
- Front
- Back
|
Defense |
legal reason why a claim should be denied or reduced |
|
|
Affirmative defense |
defense to a claim that goes beyond the complaint made by the plaintiff and sets out new facts and argument for why the defendant should win the case of his liability be reducedd |
|
|
Privilege |
defense that justifies otherwise tortious conduct and is derived from the right of a person to act contrary to the right of another person without being subject to liability for his actions |
|
|
Immunity |
defense related to the status of a party that protects the from liability for his tortious conduct |
|
|
Consent |
plaintiff voluntary willingness to let defendant's conduct occur and to accept its consequences |
|
|
Self-defense |
right of a person to use reasonable force to prevent an immediate harmful or offensive contact by another against himself |
|
|
Defense of others |
right of a person to use reasonable force to prevent an immediate harmful or offensive contact by another against other that himself |
|
|
Defense of property |
right of a person to use reasonable, but never deadly, force to prevent immediate interference with his property or to end interference already occurting |
|
|
Reentry onto land |
limited right to use reasonable, nondeadly force to reenter and reclaim real property when the plaintiff has wrongfully dispossessed the defendant |
|
|
Recapture of chattels |
limited right use reasonable force to regain possession and control over one's personal property |
|
|
Necessity |
privilege to make reasonable use of another's property in order to prevent immediate harm or damage to person or real or personal property |
|
|
Discipline |
privilege to use reasonable force to confinement to control, train, or educate a child |
|
|
Justification |
reasonable belief by the court that the defendant's actions were justified and it would be unfair to hold the person liable for his conduct |
|
|
Statutes of limitations |
statutes enacted by legislatures that set time limits during which plaintiff may bring certain types of legal actions including tort actions |
|
|
Remedies |
the way legal rights are enforced or the violations of right are prevented, redressed, or compensated |
|
|
Remedies in equity |
forms of recovery in a civil lawsuit other than money damages, which are awarded by a court, in its discretion; also called equitable remedies |
|
|
Injunctions |
court order requiring a person to do or refrain doing a certain act |
|
|
Compensatory damages |
damages awarded to compensate, or reimburse, the plaintiff for the actual harm suffered and awarded to make the plaintiff whole again |
|
|
General damages |
compensatory damages that are normally and reasonably expected from the defendant's actions; also called direct damages |
|
|
Special damages |
compensatory damages that are incurred beyond and in addition to the general damages suffered and expected from the defendant's conduct. which are specific, or peculiar, to the plaintiff and which must be specifically pled; also called consequential damages |
|
|
Nominal damages |
damages awarded when wrongdoing has occurred, but little or no injury of harm is suffered by the plaintiff |
|
|
Punitive damages |
damages awarded to the plaintiff to punish the defendant and to deter future wrongdoing; also called exemplary damages
|
|
|
Pain and suffering damages |
damages awarded to recover for actual pain, fear, anxiety, humiliation, depression, loss of companionship, and similar emotional harms suffered |
|
|
Mitigation of damages doctrine |
legal requirement that aperson who has suffered injury because of another's misconduct must take reasonable steps to mitigate, or lessen, the damages she suffers or her recovery may be denied or reduced by the amount of harm she could have avoided; also called the doctrine of avoidable consequences |
