exam 1

22 flashcardsby agatecub
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1
6 th amendment
right to a trial in all criminal cases
2
7th amendment
right to to a trial if value exceeds $20 at common law
3
common law
based upon previous decisions
4
plaintiff
makes legal claim against another person (attacker)
5
defendant
person accused of harm (defender)
6
tort
wrong done by one person to another person resulting in legally cognizable injury (civil law)
7
assault
threat or immediate harm or offensive contact. Touching of the mind
8
battery
unotherized harmful or offensive physical contact that causes actual injury
9
conversion
civil theft. physical, financial, and information
10
false light invasion of privacy
make people look like they did something they didn’t
11
duty of care
obligation that one person in society owes to another person
12
proximate causation
whether a defendants actions were close enough to the harm so they can be held liable
13
comparative negligence
liablity for an injury is divided between the plaintiff and defendant based on fault
14
negligence per se
negligence liability for injury proximately caused and arising out of the breach of a statute. Ex. snow removal ordinance
15
res ipsa loquitar
the thing speaks for itself. Something happens that shouldn’t have
16
negligent infliction of emotional distress
individuals who are not injured by negligent conduct, but suffered from emotional injuries. ex. bystanders. must be close relative
17
comparative negligence
plaintiff is barred from recovery if they are at fault at all for the harm
18
strict liability
liability without fault. Ex. keeping wild animals, blasting, dangerous chemicals
19
manufacturing defect
supposed to be built one way, not built that way
20
design defect
problem with conception of product
21
failure to instruct
obligation to say how product is used
22
contribulatory negligent
plaintiff is entirely barred from recovery
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