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Law Chapter 5
Buisness Law
| Term | Definition |
|---|---|
| tort | private or civil wrong for which the law grants a remedy |
| damages | monetary award by the court to a person who has suffered loss or injury because of the act or omission of another |
| master-servant rule | holds the master (employer) liable for the conduct of the servant (employee) |
| negligence | most common tort based on carelessness |
| respondeat superior | the principal/employer is accountable for the acts of its agent/employee |
| intentional torts | tort in which the defendant means to commit the injurious act |
| assault | intentional threat to physically or offensively injure another |
| battery | harmful or offensive touching |
| false imprisonment | depriving a person of freedom of movement without consent and without privilege |
| defamation | false statement that injures one’s reputation |
| invasion of privacy | unwelcome and unlawful intrusion into one’s private life so as to cause outrage, mental suffering, or humiliation |
| trespass to land | to be on the land of another without right or permission of the owner |
| conversion | using property in a manner inconsistent with the owner’s rights |
| fraud | intentional misrepresentation of an existing, important fact |
| strict liability | holding a defendant liable without a showing of negligence |
| statutes of repose | 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 |
| injunction | court order for a person to do or not do a particular act |
| compensatory damages | amount of money awarded to place an injured party in the position he or she was in prior to a loss |
| punitive damages | money a court requires a defendant to pay in order to punish a person who inflicted an injury; generally only awarded in intentional tort cases |
| plaintiff | party that initiates a civil lawsuit by filing a complaint |
| complaint | legal document filed with the court to initiate a civil case in which the plaintiff makes allegations that detail the injury he or she has received at the hands of the defendant and asks for appropriate relief typically in the form of a dollar amount of d |
| summons | in a civil case, a court order issued to a defendant to appear in court and answer the complaint |
| 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 |
| discovery | court-supervised process for use by the parties to a civil lawsuit to develop material for their case; it involves taking depositions (sworn statements from parties), conducting physical exams of the parties, and sending interrogatories (written questions |
| materials presented to prove or disprove alleged facts | |
| testimony | statements by witnesses under oath |
| witness | individual with personal knowledge of important facts |
| verdict | jury’s decision in a case |
| judgment | final result of a trial |
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