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Business Law Ch 6
Business Law with UCC Applications Ch 6
| Question | Answer |
|---|---|
| Abuse of Process | The use of a legal procedure for a purpose other than that for which it is legitimately intended. |
| Actual Malice | The legal test used by the courts to determine defamation against a public official or figure. The test requires the public official or figure to prove not only that the statement was false but also that it was made with the knowledge that it was false. |
| Assault | An attempt to commit a battery. |
| Assumption of the Risk | A defense against negligence that states the victim voluntarily exposed him- or herself to a known risk. |
| Battery | The unlawful touching of another person. |
| Comparative Negligence | A form of contributory negligence that requires the court t assign damages according to the degree of fault of each party. |
| Damages | Money recovered by a party in a court action to compensate that party for injury or loss. |
| Defamation | The intentional tort occurs when a false statement is communicated to others that harms a person's good name or reputation. |
| Defective Condition | A condition that makes a product unreasonably dangerous to the consumer, user, or property. (See product liability.) |
| Disparagement | Any false statement made to others that questions the legal ownership or raises doubts as to the quality of merchandise. |
| Duty | An obligation placed on individuals because of the law. |
| Economic Compensatory Damages | Damages that are directly quantifiable, including damages awarded for lost wages, medical expenses, and expenses incurred in the repair or replacement of property. |
| Electronic Tort | The invasion, distortion, theft, falsification, misuse, destruction, or financial exploitation of information stored in or related to an electronic device, including but not limited to desktop PCs, laptops, mobile phones, mainframes, PDAs, and networks. |
| False Imprisonment | An international tort involving the unjustified confinement or detention of a person. |
| Fraud | A wrongful statement, action, or concealment pertinent to the subject matter of a contract knowingly made to damage the other. |
| Fraudulent Misrepresentation | Also known as fraud in some states, it occurs when false statements or actions, or a combination thereof, are made by one party in a way that causes another party to rely on those misrepresentation and then suffers an injury or loss as a result. |
| Injunction | A court order preventing someone from performing a particular act or commanding the defendant to do some positive act to alleviate a problem. |
| Intentional or Reckless Infliction of Emotional Distress | A tort involving someone who intentionally or recklessly causes another to undergo emotional or mental suffering. |
| Invasion of Privacy | The intentional tort that occurs when one person unreasonably denies another person the right to be left alone. |
| Libel | Any false statement that harms another person's good name or reputation made in a permanent from, such as movies, writing, and videotapes, and communicated to others. |
| Malicious Prosecution | Bringing false criminal charges against an innocent victim. |
| Misuse of Legal Procedure | Bringing legal action without probable cause and with malice. |
| Negligence | The failure to use that amount of care that a reasonably prudent person would have used under the same circumstances and conditions. |
| Noneconomic Compensatory Damages | Damages that result from injuries that are intangible and therefore, not directly quantifiable. Examples include damages resulting from pain and suffering, mental anguish, and loss of companionship. |
| Proximate Cause | In tort law, the connection between the unreasonable conduct and the resulting harm. It is determined by asking whether the harm that resulted from the conduct was foreseeable at the time of the original negligent act. Also known as Legal Cause. |
| Punitive Damages | Damages in excess of actual losses suffered by the plaintiff awarded as a measure of punishment for the defendant's wrongful acts. (Also called Exemplary Damages.) |
| Respondeat Superior (re-SPOND-ee-yat se-PEER-ee-or) | The legal doctrine that imposes liability on employers and makes them pay for torts committed by their employees within the scope of the employer's business. Literally translated, it means "Let the master respond." |
| Slander | Any false statement that harms a person's good name or reputation made in a temporary form, such as speech, and communicated to others. |
| Strict Liability | The doctrine under which people may be liable for injuries to others whether or not they have been negligent or committed an international tort. (Also called Absolute Liability.) |
| Temporary Public Figures | People who are placed against their will into the public view by some event beyond their control. |
| Tort | A private wrong that injuries another person's physical well-being, property, or reputation. |
| Tortfeasor | A person who commits a tort. |
| Wrongful Civil Proceedings | Filing a false civil lawsuit. |
| Actual Cause | In tort law, the relationship between the unreasonable conduct and the injury to the innocent party, whether the injury was or was no foreseeable. Also referred to as Cause-in-Fact. |
| Actual Malice Test | A defense against libel cases that states public officials must prove not only the statement was false, negative and communicated to a third party, but was also made with actual malice. |
| Cause in Fact | In tort law, the relationship between the unreasonable conduct and the injury to the innocent party, whether the injury was or was no foreseeable. Also referred to as Actual Cause. |
| Cyber-Bulletin Board | An electronic message board. |
| Contributory Negligence | A legal defense that involves the failure of an injured party to be careful enough to ensure personal safety. |
| Cyber-Disparagement | In tort law, disparagement committed using a computer system. |
| Cyber-Defamation | The communication of false and destructive information about an individual through the use of a computer or other electronic device. |
| Cyber-Invasion of Privacy | The unwelcome intrusion into private matters initiated or maintained by a computer. |
| Cybertort | The invasion, distortion, theft, falsification, misuse, destruction, or financial exploitation of information stored in a computer. |
| Data Mining | The process that takes place when a hacker links multiple strings of data together and develops a data package that the target considers a compilation of private information, despite the public sources from which the hacker composed the package. |
| Defamation | The intentional tort that occurs when a false statement is communicated to others that harms a person's good name or reputation. |
| Legal Cause | In tort law, the connection between the unreasonable conduct and the resulting harm. It is determined by asking whether the harm that resulted from the conduct was foreseeable at the time of the original negligent act. Also known as Proximate Cause. |
| Foreseeability Test | The test used to determine the "last effect" or final effect for which we will hold a defendant liable. |
| Juriscience | In the development of the law, the point at which science, technology, and the law intersect. |
| Paradigm | An unchallenged world view that establishes the rules by which everyone in a particular culture thinks, speak, and acts. |
| Private Information | Reports on personal matters, family matters, sexual habits, employment records, medical data, and financial records. Also called Private-Private information. |
| Wrongful Death Statute | A law that allows third parties affected by a death to bring a lawsuit only if the death is caused by the negligence ot intentional conduct of the defendant. |
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