Law for Business and Personal Use 19E Chapter 5 – Flashcards
Unlock all answers in this set
Unlock answersquestion
Answer
answer
a legal document filed with the court in which the defendant in a civil case states his or her response(s) to the complaint
question
Assault
answer
intentional threat to physically or offensively injure another
question
Battery
answer
harmful or offensive touching
question
Causation
answer
linking a job requirement with underrepresentation of a protected class in the workforce
question
Compensatory damages
answer
amount of money awarded to place an injured party in the position he or she was in prior to a loss
question
Complaint
answer
legal document filed with the court to initiate a civil case
question
Contributory negligence
answer
plaintiff's own negligence is a partial cause of an injury
question
Conversion
answer
using property in a manner inconsistent with the owner's rights
question
Damages
answer
monetary award by the court to a person who has suff ered loss or injury because of the act or omission of another
question
Defamation
answer
false statement that injures one's reputation
question
Defendant
answer
party complained against in a civil or criminal lawsuit
question
Discovery
answer
court-supervised process for use by the parties to a civil lawsuit to develop material for their case
question
Evidence
answer
materials presented to prove or disprove alleged facts
question
False imprisonment
answer
depriving a person of freedom of movement without consent and without privilege
question
Fraud
answer
intentional misrepresentation of an existing, important fact
question
Injunction
answer
court order for a person to do or not do a particular act
question
Intentional infliction of emotional distress
answer
tort that requires an intentional or reckless act by the defendant that is outrageous or extreme and that causes the victim to suffer severe emotional distress
question
Intentional tort
answer
tort in which the defendant means to commit the injurious act
question
Interference with contractual relations
answer
enticing or encouraging a person to break a contract
question
Invasion of privacy
answer
unwelcome and unlawful intrusion into one's private life so as to cause outrage, mental suffering, or humiliation
question
Judgment
answer
final result of a trial
question
Jury
answer
panel of citizens sworn by a court to decide issues of fact in court cases
question
Master-servant rule
answer
holds the master (employer) liable for the conduct of the servant (employee)
question
Negligence
answer
most common tort based on carelessness
question
Plaintiff
answer
party that initiates a civil lawsuit by filing a complaint
question
Proximate cause
answer
legally recognizable cause of harm
question
Res ipsa loquitur
answer
the act speaks for itself; legal doctrine that allows the court to presume, without having to be shown proof, a violation of the tort duty
question
Respondeat superior
answer
the principal/employer is accountable for the acts of its agent/employee
question
Statutes of repose
answer
statutes that cut off the right to sue for defects in design and manufacturing of products after a certain time, typically 10 to 12 years, after manufacture or sale
question
Strict liability
answer
holding a defendant liable without a showing of negligence
question
Subpoena
answer
written court order compelling a person to appear and testify; a command to an individual to appear and testify or produce documents or other evidence in his or her possession
question
Summons
answer
in a civil case, a court order issued to a defendant to appear in court and answer the complaint
question
Testimony
answer
statements by witnesses under oath
question
Tort
answer
private or civil wrong for which the law grants a remedy
question
Trespass
answer
to be on the land of another without right or permission of the owner
question
Verdict
answer
jury's decision in a case
question
Witness
answer
individual with personal knowledge of important facts
