| A | B |
|---|
| assault | An act that creates in the plaintiff immediate fear of an attempted battery. |
| battery | A harmful, offensive touching of anothers person. |
| conversion | Taking property that belongs to another and using it as ones own. |
| defamation | An intentional false communication, either published or publicly spoken, that injuries anothers reputation or good name. |
| extra-hazardous activity | One that carries the likelihood of causing some type of damage even if reasonable care is exercised. |
| fraud | A false statement of a material fact with the intent to deceive, which statement is relied upon and is intended to be relied upon to cause a loss to the victim. |
| malpractice | Professional misconduct or unreasonable lack of skill, a violation of a standard of care. |
| misrepresentation | A false statement of material fact which is relied upon and is intended to be relied upon to cause a loss to the victim. |
| nuisance | Activity which arises from unreasonable, unwarranted or unlawful use by a person of his own property, working obstruction or injury to rights of another, or to the public and producing such material annoyance, inconvenience and discomfort that law will presume resulting damage. |
| personal injury | The term usually applied to describe the kind of suit filed to recover damages for a physical injury. |
| products liability | Legal responsibility of manufacturers and sellers to buyers, users, and bystanders for damages or injuries suffered because of defects in goods. |
| slander | Damage to a persons reputation by spoken information. |
| strict liability | Concept applied by the courts in products liability cases that when a manufacturer presents goods for public sale the manufacturer is representing that they are suitable for their intended use. |
| tort | A private or civil wrong or injury for which the court provides a remedy through an action for damages. |
| tortfeasor | A wrong-doer; an individual or business that commits or is guilty of a tort. |
| trespass | Illegal entry upon the land of another. |
| wrongful death | Type of lawsuit brought on behalf of a deceased persons beneficiaries that alleges that death was attributable to the willful or negligent act of another. |
| compensatory damages | Compensation to the injured party for the injury sustained. |
| consent | Agreement; voluntary acceptance of the wish of another. |
| contract | An enforceable agreement between two or more competent parties, which creates an obligation to do or not to do a particular thing. |
| damages | Compensation which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property or rights through the unlawful act or omission or negligence of another. |
| defense of property | Affirmative defense in criminal law or tort law where force was used to protect ones property. |
| due care | That care which a reasonable, prudent person would exercise in a particular situation. |
| duty | Legal or moral obligation. |
| fault | Negligence; an error or defect of judgment or of conduct. |
| privilege | A benefit or advantage to certain persons beyond the advantages of other persons, i.e., an exemption, immunity, or power. |
| punitive damage | An award in addition to the actual loss. |
| res ipsa loquitur | The thing speaks for itself. |
| self-defense | The right of a person to defend person, property, home, or family against anyone who intends to commit a forcible felony. |
| vicarious liability | The imposition of liability on one person for the actionable conduct of another, based solely on a relationship between the two persons. |
| assumption of risk | The legal rule under which a person may not recover for an injury received when voluntarily exposed to a known danger. |
| breach of duty | Any violation or omission of a legal or moral duty. |
| comparative negligence | The rule by which negligence is measured by a percentage, and damages are diminished in proportion to the amount of negligence attributable to the person seeking recovery. |
| contributory negligence | An affirmative defense which means that the injuries and damages complained of by the plaintiff were caused in whole or in part, or were contributed to as a result of the plaintiffs own negligence. |
| foreseeability | In tort law, the foreseeability element of proximate cause is established by proof that an actor, person of ordinary intelligence should have anticipated danger to others created by his negligent act. |
| injunction | A court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury. |
| intent | (1) A clearly formulated or planned intention. (2) That which a plaintiff must prove to recover damages for an intentional tort. |
| intentional tort | Wrong perpetrated by one who intends to break the law. |
| joint and several liability | Describes the liability of co-promissors of the same performance when each of them, individually, has the duty of fully performing the obligation, and the obligee can sue all or any of them upon breach of performance. |
| legal process | (1) A formal paper that is legally valid. (2) Something issuing from the court, usually a command such as a writ or mandate. |
| liability | A debt or obligation to another person or entity; legal responsibility to another. |
| libel | Damage to a persons reputation by written or published information. |
| malicious prosecution | One begun in malice without probable cause to believe the charges can be sustained. |
| negligence | Failure to use care that a reasonable and prudent person would use under similar circumstances. |
| proximate cause | The last negligent act which contributes to an injury. |
| prudent person | A careful, cautious, attentive person of good judgment. |
| reasonable care | Due care, or ordinary care, under all circumstances. |
| recapture of chattels | A defense to personal injury claims by asserting that the defendant was attempting to recover his own property that had been taken from him. |
| special damages | Those damages for which there is a sum certain like medical bills, repair bills, lost wages |
| general damages | Those damages for which there is a indefinite sum like pain and suffering |
| punitive damages | Those damages for to deter or reform someone so they don't do the same thing that harmed the plaintiff |
