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Glossary
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abatement  The suspension or cessation, in whole or in part, of a continuing charge.
abnormally dangerous activity  A non-natural or unusual activity that creates a substantial likelihood of great harm to persons or property that cannot be eliminated by reasonable care by the defendant.
abuse of process  Using the threat of resorting to the legal system to extract agreement to terms against the other party's will.
act of God  An act occasioned exclusively by forces of nature without the interference of any human agency.
agent  A person or entity (as an employee or independent contractor) authorized to act on behalf of and under the control of another in dealing with third parties.
allocation of risk  Assignment of uncertainty to another party.
appropriation  Stealing and using someone's identity or image.
artificial condition  A man-made condition that exists on the land.
as is  A sale of goods by sample "as is" requires that the goods be of the kind and quality represented, even though they may be in a damaged condition.
assault  Intentional voluntary movement that creates fear or apprehension of an immediate unwanted touching; the threat or attempt to cause a touching, whether successful or not, provided the victim is aware of the danger.
assumption of the risk  The doctrine that releases another person from liability for the person who chooses to assume a known risk of harm.
attorney–client relationship  Attorneys have a duty to maintain a client's confidences regarding any information that the client wants kept confidential.
attractive nuisance doctrine  The doctrine that holds a landowner to a higher duty of care even when the children are trespassers, because the potentially harmful condition is so inviting to a child.
battery  An intentional and unwanted harmful or offensive contact with the person of another; the actual intentional touching of someone with intent to cause harm, no matter how slight the harm.
beyond a reasonable doubt  The requirement for the level of proof in a criminal matter in order to convict or find the defendant guilty. It is a substantially higher and more difficult-to-prove criminal matter standard.
black letter  An informal term indicating the basic principles of law generally accepted by the courts and/or embodied in the statutes of a particular jurisdiction.
burden of proof  Standard for assessing the weight of the evidence.
but for test  If the complained-of act had not occurred, no injury would have resulted.
capacity  The ability to understand the nature and significance of a contract; to understand or comprehend specific acts or reasoning
cause in fact  The particular cause that produces an event and without which the event would not have occurred.
cause of action  A personal, financial, or other injury for which the law gives a person the right to receive compensation.
caveat emptor  Let the buyer beware.
charitable organization  An organization that provides charity without obtaining a profit or gain for itself or its owners.
chattel  Tangible personal property or goods.
civil  Relating to private rights and remedies sought in an action brought to enforce, redress, or protect private rights.
class action  A group of people ranked together as having common characteristics that arose from a common legal position relating to the defendant.
co-defendant  More than one defendant who is being sued in the same lawsuit.
collateral source rule  The legal doctrine that there should be no reduction in damages due to an injured person merely because there are other sources of partial indemnity (such as insurance) for the same harm or loss. The rule prevents a tortfeasor from escaping full responsibility.
common law  Judge-made law, the ruling in a judicial opinion.
comparative negligence  Negligence is measured in terms of percentage, and any damages allowed are diminished in proportion to amount of negligence attributable to the person for whose injury, damage or death recovery is sought.
compensatory damages  A payment to make up for a wrong committed and return the nonbreaching party to a position where the effect or the breach has been neutralized.
consent  All parties to a novation (substitution of a new contract) must knowingly assent to the substitution of either the obligations or parties to the agreement.
consequential damages  Damages resulting from the breach that are natural and foreseeable results of the breaching party's actions.
consideration  A recompense or payment; compensation.
continuing trespass  Remaining in force or being carried on without letup.
contract  A legally binding agreement between two or more parties.
contribution  Payment of a share of an amount for which one is liable as a shared payment of a judgment by joint tortfeasors, especially according to proportional fault.
contributory negligence  The plaintiff played a large part in causing the injury; thus, fundamental fairness precludes assigning liability to the defendant.
conversion  An overt act to deprive the owner of possession of personal property with no intention of returning the property, thereby causing injury or harm.
co-plaintiff  More than one plaintiff who is involved in the same lawsuit.
covenant  An agreement, convention, or promise of two or more parties, by deed in writing, signed, and delivered, by which either of the parties pledges himself to the other that something is either done, or shall be done, or shall not be done, or stipulates for the truth of certain facts.
crime  An act that violates the penal law of the local, state, or federal government.
cyberspace  Computer network consisting of a worldwide network of computer networks that use the TCP/IP network protocols to facilitate data transmission and exchange.
damages  Money paid to compensate for loss or injury.
defamation  An act of communication involving a false and unprivileged statement about another person, causing harm.
defendant  The party in a lawsuit against whom an action is brought.
defense  Legally sufficient reason to excuse the complained of behavior.
defense of others  A justification available when one harms or threatens another in defense of a person other than oneself.
defense of property  A justification for the use of force in protecting one's property through such force as must be reasonable under all circumstances.
detour  A deviation from a direct course of action.
diplomat  A person appointed by a national government to conduct official negotiations and maintain political, economic, and social relations with another country or countries.
direct damages  Damages that arise naturally or ordinarily from an injury, breach of contract or breach of duty.
discipline  Instruction, comprehending the communication of knowledge and training to observe and act in accordance with rules and order.
disclaimer  A term which limits claim or denial.
discretionary  Left to or regulated by one's own judgment.
disparagement  A falsehood that tends to denigrate the goods or services of another party.
domesticated animal  An animal accustomed to living with humans.
dominion  The perfect control in right of ownership.
duty of care  Such a degree of care, precaution, or diligence as may fairly and properly be expected or required, having regard to the nature of the action, or of the subject matter, and the circumstances surrounding the transaction.
dwelling place  The home or other structure in which a person lives.
eavesdropper  A secret listener to private conversations.
eggshell skull  A person who is particularly vulnerable or susceptible to damage or injury as a result of a pre-existing condition or weakness that afflicts a particular person.
elements  A constituent part of a claim that must be proved for the claim to succeed.
express assumption  A directly and clearly stated act or agreement of assuming or taking upon one's self.
express warranty  A written representation by the seller as to the nature of the goods to be sold.
fair market value  The amount that a willing buyer would pay for an item that a willing seller would accept.
false imprisonment  Any deprivation of a person's freedom of movement without that person's consent and against his or her will, whether done by actual violence or threats.
false light  An untrue and misleading portrayal of a person.
family purpose doctrine  Where one purchases and maintains an automobile for the comfort, convenience, pleasure, entertainment and recreation of one's family, any member thereof operating the automobile will be regarded as an agent or servant of the owner, and the owner will be held liable for injuries sustained by a third person by reason of negligent operation of the vehicle by a family member.
Federal Rules of Evidence  Rules governing the introduction of evidence in proceedings, both civil and criminal, in federal courts. While they do not apply to suits in state courts, the rules of many states have been closely modeled after these rules.
fitness for a particular purpose  Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is, unless excluded or modified, an implied warranty that the goods shall be fit for such purpose.
foreseeability  The capacity for a party to reasonably anticipate a future event.
frolic  To engage in recreation.
general damages  Those that normally would be anticipated in a similar action.
governmental functions  Functions of a municipality that are essential to its existence, in sense of serving the public at large, that are not necessary to its existence, and that ensure the advantage of its inhabitants.
gross negligence  The intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another.
hedonic damages  Damages awarded in some jurisdictions for the loss of enjoyment of life.
hypothesis  An assumption made especially in order to test its logical or empirical consequences.
immunity  Exemption, as from serving in an office, or performing duties that the law generally requires other citizens to perform.
implied assumption  An inference from the plaintiff's conduct that demonstrates that the person is accepting the risk involved in the activity or event.
implied warranty  An unwritten representation that is normally and naturally included by operation of law that applies to the goods to be sold.
imputed  To ascribe to or charge (a person) with an act or quality because of the conduct of another over whom one has control or for whose acts or conduct one is responsible .
imputed negligence  Places upon one person responsibility for the negligence of another.
indemnity  Compensation for damage, loss, or injury suffered.
independent contractor  One who, in exercise of an independent employment, contracts to do a piece of work according to his own methods and is subject to his employer's control only as to the end product or final result of his work.
inference  Arriving at a conclusion based on evidence.
inherent  Part of the essential character of something; by nature.
injunction  A court order that requires a party to refrain from acting in a certain way to prevent harm to the requesting party.
injurious falsehood  In the law of slander and libel, a defamation that does actual damage.
integrity  A standard of values having soundness or moral principle and character.
intent  Having the knowledge and desire that a specific consequence will result from an action.
intentional infliction of emotional distress  Intentional act involving extreme and outrageous conduct resulting in severe mental anguish.
intentional tort  An intentional civil wrong that injures another person or property.
interference with contractual relationship  The defendant's intentional procuring of a breach of the contract that an entity or person has with the plaintiff so that the plaintiff sustains damages.
intervening cause  An independent cause that intervenes between the original wrongful act or omission and the injury, turns aside the natural sequence of events, and produces a result that would not otherwise have followed and that could not have been reasonably anticipated.
intervening force  An act that actively operates in producing harm to another after actor's negligent act or omission.
intrusion  Trespassing on or encroachment on the possessions of another .
invitees  People wanted on the premises for a specific purpose known by the landowner.
joint and several liability  Shared responsibility, apportioned between all of the defendants, but in no case can the plaintiff recover more than 100 percent of the damages awarded.
joint enterprise  The joint prosecution of a common purpose under such circumstances that each has authority expressed or implied to act for all in respect to control, means or agencies employed to execute such common purpose.
joint tortfeasors  Two or more persons jointly or severally liable in tort for the same injury to the plaintiff or the plaintiff's property.
knowledge  Understanding gained by actual experience.
landholder  Someone who is in rightful possession of the land.
last clear chance  Permits the plaintiff in a negligence action to recover, notwithstanding his own negligence, on a showing that the defendant had the last clear chance to avoid the accident.
lessee  One who rents property from another.
lessor  One who grants a lease or rental of a property to another.
liable  A determination of financial responsibility of the tortfeasor for tortious conduct that has resulted in some form of injury to an individual's property or person.
libel  Written defamatory statement.
licensee  One known to be on the premises but whose presence gives no benefit to the property owner.
liquidated damages  An amount of money agreed upon in the original contract as a reasonable estimation of the damages to be recovered by the nonbreaching party. This amount is set forth in the contract so the parties have a clear idea of the risk of breach.
loco parentis  Of, relating to, or acting as a temporary guardian or caretaker of a child, taking on all or some of the responsibilities of a parent.
loss of consortium  A claim filed, made by the plaintiff's spouse, for the loss of companionship in the marriage caused by the injuries.
loss of earning capacity  Damage to one's ability to earn wages in the future and recoverable as element of damage in tort actions.
malice  Person's doing of any act in reckless disregard of another person.
malicious prosecution  Initiating a criminal prosecution or civil suit against another party with malice and without probable cause.
malign  To speak harmful or detrimental untruths about.
malpractice  Failure of a professional person, as a physician or lawyer, to render proper services through reprehensible ignorance or negligence, especially when injury or loss follows.
master  An individual or entity (as a corporation) having control or authority over another .
merchantability  The article sold shall be of the general kind described and reasonably fit for the general purpose for which it shall have been sold, and where the article sold is ordinarily used in but one way.
merchants  Businesspersons who have a certain level of expertise dealing in commercial transactions regarding the goods they sell; persons who regularly deal in goods of the kind specified in the agreement. They hold themselves out as having special knowledge in their area.
misfeasance  The improper performance of some act which a person may lawfully do.
mitigate  To lessen in intensity or amount.
murder  The killing of a human being with intent.
mutual agreement  A meeting of the minds on a specific subject, and a manifestation of intent of the parties to do or refrain from doing some specific act or acts.
natural condition  A condition upon the land that has been untouched or influenced by man.
necessity  Individuals are excused from criminal and sometimes tortious liability if they act under a duress of circumstances to protect life or limb or health in a reasonable manner and with no other acceptable choices.
negligence  The failure to use reasonable care to avoid harm to another person or to do that which a reasonable person might do in similar circumstances.
negligence per se  Results from statutes establishing that certain actions or omissions are impermissible under any and all circumstances; the failure to use reasonable care to avoid harm to another person or to do that which a reasonable person might do in similar circumstances.
nominal damages  A small amount of money given to the nonbreaching party as a token award to acknowledge the fact of the breach.
non-delegable duties  An obligation imposed by law or contract that may not be passed to another.
nonfeasance  The omission of an act which a person ought to do.
notice  Intelligence of a fact communicated to another.
nuisance  That activity that arises from unreasonable, unwarranted or unlawful use by a person of his own property, working obstruction or injury to right of another, or to the public, and producing such material annoyance, inconvenience and discomfort that the law will presume resulting damage.
objective standard  A legal standard that is based on conduct and perceptions external to a particular person.
omission  The failure to act when there exists a legal duty to do so.
operational  Pertaining to a process or series of actions for achieving a result.
pecuniary  Consisting of money or that which can be valued in money.
person  The body and clothing of an individual as well as anything attached or an extension of the body such as a purse.
personal property  Movable or intangible thing not attached to real property.
plaintiff  The party initiating legal action.
precedent  The holding of past court decisions that are followed in future judicial cases where similar facts and legal issues are present.
premises  Any real property, buildings that are attached to the property, grounds, facilities, structures, and other things that are attached to the land or growing from it.
premises liability  The liability that a landholder may be exposed to in connection with his use and enjoyment of real property.
preponderance of the evidence  The weight or level of persuasion of evidence needed to find the defendant liable as alleged by the plaintiff in a civil matter.
presumed damages  Damages that are presumed under the law to result naturally and necessarily from an act and do not require proof.
presumption  A rule of law, statutory or judicial, by which finding of a basic fact gives rise to existence of presumed fact, until the presumption is rebutted.
prima facie  (Latin) "At first sight." A case with the required proof of elements in a tort cause of action; the elements of the plaintiff's (or prosecutor's) cause of action; what the plaintiff must prove; accepted on its face, but not indisputable.
principal  The source of authority.
private nuisance  A thing or activity that substantially and unreasonably interferes with plaintiff's use and enjoyment of her land.
privilege  Reasonable expectation of privacy and confidentiality for communications in furtherance of the relationship such as attorney–client, doctor–patient, husband–wife, psychotherapist–patient, and priest– penitent.
privity  A relationship between the parties to the contract who have rights and obligations to each other through the terms of the agreement.
probable cause  The totality of circumstances leads one to believe certain facts or circumstances exist; applies to arrests, searches, and seizures.
product liability  Refers to the legal liability of manufacturers and sellers to compensate buyers, users, and even bystanders for damages or injuries suffered because of defects in goods purchased.
proprietary functions  Functions that a city or town, in its discretion, may perform when considered to be for the best interest of its citizens.
proximate cause  The defendant's actions are the nearest cause of the plaintiff's injuries.
public disclosure  Stated in the news or printed in a newspaper.
public nuisance  An unreasonable interference with a right common to the general public.
public officer  A person who, upon being issued a commission, taking required oath, enters upon, for a fixed tenure, a position called an office where he or she exercises in his or her own right some of the attributes of sovereign he or she serves for benefit of public.
public policy  The principle that injury to the public good or public order constitutes a basis for setting aside, or denying effect to, acts or transactions.
punitive damages  An amount of money awarded to a nonbreaching party that is not based on the actual losses incurred by that party, but as a punishment to the breaching party for the commission of an intentional wrong.
real property  Land and all property permanently attached to it, such as buildings.
reasonable care  Conduct that an ordinary person would do under the same or similar circumstances.
reasonable person  A hypothetical person used as a legal standard, especially to determine whether someone acted with negligence; specifically, a person who exercises the degree of attention, knowledge, intelligence, and judgment that society requires of its members for the protection of their own and of others' interests.
reasonable person test  Asking whether or not an ordinary or average person would find the action offensive or harmful.
rebutt  To defeat, refute, or take away the effect of something.
recapture of chattels  The act of recovering personal property by a property owner.
redress  Relief from distress; compensation for a loss or injury.
release  A discharge from the parties' performance obligations that acknowledges the dispute but forgoes contractual remedies.
remedial  Intended as a remedy.
remedy  The means by which a right is enforced or the violation of a right is prevented, redressed, or compensated.
res ipsa loquitur  Doctrine in which it is assumed that a person's injuries were caused by the negligent act of another person as the harmful act ordinarily would not occur but for negligence.
respondeat superior  A master is liable in certain circumstances for the wrongful acts of his servants; and a principal for those of his agent.
scope of employment  The activities in which an employee engages in carrying out the employer's business that are reasonably foreseeable by the employer.
self-defense  A defendant's legal excuse that the use of force was justified.
servant  A person in the employ and subject to the direction or control of an individual or company.
slander  Oral defamatory statements.
slander per quod  Slander that requires proof of damages.
slander per se  Slander that is actionable without the plaintiff providing proof of damages.
sovereign  A person, body, or state in which independent and supreme authority is vested.
special damages  Those damages incurred beyond and in addition to the general damages suffered and expected in similar cases.
specific intent  The mental desire and will to act in a particular way.
spousal privilege  Combination of two elements: (1) the right not to be compelled to testify against one's spouse, and (2) the protection of marital confidences.
stare decisis  (Latin) "Stand by the decision." Decisions from a court with substantially the same set of facts should be followed by that court and all lower courts under it; the judicial process of adhering to prior case decisions; the doctrine of precedent whereby once a court has decided a specific issue one way in the past, it and other courts in the same jurisdiction are obligated to follow that earlier decision in deciding cases with similar issues in the future.
statutory law  Derived from the Constitution in statutes enacted by the legislative branch of state or federal government; primary source of law consisting of the body of legislative law.
strict liability  The defendant is liable without the plaintiff having to prove fault.
subrogation  The right to sue in the name of another.
substantial certainty  The defendant knows that the plaintiff's damage is probably going to occur as a result of the defendant's actions.
substantial factor  A material and active contributing activity or event that led to the plaintiff's injuries or damages.
supersede  To set aside, render unnecessary, suspend, or stay.
survival  Actions for personal injuries that by state statute survive the death of the injured person.
tort  A civil wrongful act, committed against a person or property, either intentional or negligent.
tort litigation  Legal action that involves an injury that falls under the definition of a tort.
tortfeasor  Actor committing the wrong, whether intentional, negligent, or strict liability.
tortious conduct  The intentional or unintentional behavior or conduct that results in harm to another person.
transferred intent doctrine  The doctrine that holds a person liable for the unintended result to another person not contemplated by the defendant's actions.
trespass to land  Intentional and unlawful entry onto or interference with the land of another person without consent.
trespassers  Uninvited guests on the property of the landowner.
trier of fact  Jury.
unfair competition  A term that is applied generally to all dishonest or fraudulent rivalry in trade and commerce, but is particularly applied to the practice of endeavoring to substitute one's own goods or products in the markets for those of another, having an established reputation and extensive sale, by means of imitating or counterfeiting the name, title, size, shape, or distinctive peculiarities of the product.
Uniform Commercial Code  A collection of modernized, codified, and standardized laws that apply to all commercial transactions with the exception of real property.
vendee  A purchaser or buyer.
vendor  The person who transfers property or goods by sale.
vicarious liability  One person, or a third party, may be found liable for the act of another or shares liability with the actor.
warranty  A promise or representation by the seller that the goods in question meet certain standards.
whistle-blower  One who reveals wrongdoing within an organization to the public or to those in positions of authority.
wild animal  An animal of an untamable disposition or one that is in a state of nature.
wrongful death  A death attributable to the willful or negligent act of another.







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