Business Law CVHS 4 – Flashcards

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crime
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An offense against the public at large.
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tort
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A private wrong committed by one person against another. When one person interferes with another's rights, either intentionally or negligently.
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nuisance
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Anything that interferes with the enjoyment of life or property. Loud noises late at night, noxious odors, and fumes coming from a nearby house are all examples.
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defamation
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The wrongful act of injuring another person's reputation by making false statements
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negligence
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The failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.
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breach of duty
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The failure of the defendant to provide the plaintiff a required degree of care. The element of negligence that involves the failure to act as a reasonable person
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proximate cause
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The legal connection between unreasonable conduct and the resulting harm.
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contributory negligence
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Behavior by the plaintiff that helps cause injuries.
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comparative negligence
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Negligence of each party is compared, and the amount of the plaintiff's recovery is reduced by the percent of his or her negligence.
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assumption of risk
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Plaintiff's knowledge and acceptance of risk.
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trespass
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Entering another person's airspace without permission.
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intentional tort
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A wrong committed by a person who knows and wants the resulting consequences.
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privileged
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Statements made in a court of law that cannot be the subject of a defamation lawsuit.
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monetary damages
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If a wrongdoer has injured another party, a court will usually award this to the injured party.
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foreseeability test
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The court would apply this to determine if the defendant's conduct was the proximate cause of the plaintiff's injury.
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strict liability
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The doctrine that people who are engaged in extremely dangerous activities may be held liable even without negligence or malice.
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slander
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A false statement made orally to a third party.
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libel
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A false statement in written or printed form that injures another's reputation.
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invasion of privacy
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Interfering with a person's right to be left alone.
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false imprisonment
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When the police arrest someone without probable cause or the proper warrant.
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