Paralegal Law Ch. 9

Front 1

Contributory negligence

Back 1

• doctrine that provides that when a plaintiff's own negligence contributes to the harm or injury caused by the defendant's negligence, the plaintiff is barred from recovery
  

Front 2

Last clear chance doctrine

Back 2

• doctrine that offsets the effect of contributory negligence when the defendant has the last clear chance to avoid the incident or accident and does not
  

Front 3

Comparative negligence

Back 3

• affirmative defendant used to limit or bar recovery when plaintiff's own negligence contribute to the injury or harm caused by the defendant's negligence, in which recovery is based on relative degrees of fault of the plaintiff and the defendant
  

Front 4

Assumption of the risk

Back 4

• knowing and voluntary acceptance of the risk of being harmed or injured by another's negligence conduct, which acts as a defense and bars the plaintiff's recovery
  

Front 5

Immunity

Back 5

defense to legal liability or criminal prosecution that, when applied to tort law, under certain circumstance, protects a tortfeasor from liability for his tortious conduct

Front 6

Absolute immunity

Back 6

legal immunity without limits or conditions, such as a good faith requirement, which acts as a complete defense to liability

Front 7

Qualified immunity

Back 7

legal liability that has limits or conditions, such as a requirement of good faith, which can be lost as as a defense

Front 8

Family immunity

Back 8

protect certain family members from liability for harm caused to other family members

Front 9

Interspousal immunity

Back 9

immunity that exists between legal spouses

Front 10

Parent-child immunity

Back 10

immunity that exists between parent and their children

called parental immunity

Front 11

Unemancipated child

Back 11

child who is not yet "of age" or married, self-supporting, or in military service

Front 12

Children of tender years

Back 12

young children, normally under the age of 7

Front 13

Tender years doctrine

Back 13

• doctrine that, under certain circumstance, offers special treatment and protections to very young children
  

Front 14

Government immmunity

Back 14

• prevents lawsuit against a government or sovereign, without the government or sovereign's consent
  
• sovereign immunity

Front 15

Sovereign immunity

Back 15

governmental immunity that prevents a lawsuit against a sovereign, such as a monarch, without the sovereign's consent

Front 16

Governmental immunity

Back 16

activities performed by government in the best interest of and to protect the public, which often can be performed only by the government

Front 17

Proprietary functions

Back 17

activities performed in the government's discretion, for the benefit of its citizens, and that often cannot be performed adequately only by the government

Front 18

Charitable immunity

Back 18

immunity from legal liability granted to charitable organizations to help them fulfill their charitable missions

Front 19

Official immunity

Back 19

• immunity that protects public officials in the performance of their duties
• called public official immunity

Front 20

Public official

Back 20

person who holds a governmental position, called an office, in which he serves in the public interest

Front 21

Diplomatic immunity

Back 21

immunity that protects diplomats in the performance of their official duties