| A | B |
|---|
| tort | when a person commits a wrong against another individual |
| liability | legal responsibility for harm |
| remedy | something to make up for the harm caused |
| intentional wrong | act done with the intent of injuring a person, his property, or both |
| example of an intentional wrong | key someone's car because you are mad at them |
| negligence | a person's failure to use reasonable care causes harm |
| example of negligence tort | drunk driver hits a pedestrian |
| strict liability | the activity is so dangerous that there is a serious risk of harm even if you act with care |
| owners of dangerous animals | face strict liability |
| deep pocket | means to sue a defendant that has enough money to pay the damages |
| Federal Tort Claims Act | government agrees to be held liable in civil lawsuits for negligent acts of govt employees |
| Class Action | the injured party is more than one plaintiff, and all were injured by one action |
| example of class action lawsuit | lawsuits against Toyota for stuck accelerators |
| contingency fee | lawyers receive a portion of the amount of money recovered |
| malpractice insurance | designed to protect professionals from claims by clients that they were negligent in providing services |
| auto insurance | the most important liability insurance for young people |
| workers compensation | automatically pays employees who were injured on the job |
| compensatory damages | monetary award that compensates for harm caused |
| nominal damages | symbolic monetary award |
| punitive damages | monetary award designed to punish the defendant for malicious act |
| defamation | tort that involves an act that harms a persons reputation |
| real property | land and the items attached to it |
| personal property | property that can be moved |
| intellectual property | the ownership interest in creations of a person's mind |
| is very protective of private property rights | American legal system |
| trespass | enter another persons' property without permission |
| attractive nuisance | condition presents an unreasonable risk of injury where children are likely to trespass |
| conversion | to unlawfully exercise control over the personal property of another |
| intellectual property such as a book or movie | a copyright will recognize your ownership |
| infringement | someone uses your intellectual property without permission |
| patent | protects intellectual property of inventions |
| Elements of Negligence | duty, breach, causation, and damages |
| Duty | the defendant owed a duty of care to the plaintiff |
| Breach | the defendant's conduct violated the duty of care owed to the plaintiff |
| Causation | the defendant's conduct caused the plaintiff's harm |
| Damages | the plaintiff suffered actual injuries or losses |
| when is a person liable for failing to act | when there is a special relationship between the plaintiff and the defendant |
| reasonable person standard | used to help determine whether the actions of a real person were reasonable |
| how does a reasonable person cross a street | looking both ways before crossing |
| age of majority in Nebraska | nineteen |
| when are minors held to an adult standard of care | when they are engaged in an adult activity |
| cause in fact | the harm would not have occurred without the wrongful act |
| proximate cause | must be a close connection between the wrongful act and the harm caused |
| reason for awarding damages | restore plaintiff to their pre-injury condition |
| economic harm | hospital bills, lost wages |
| non-economic harm | pain and suffering, emotional distress |
| contributory negligence | plaintiff cannot recover damages because their negligence contributed to the harm they suffered |
| comparative negligence | divide the loss according to the degree to which each person is at fault |
| assumption of risk | swimming in a pool even though no lifeguards are on duty |
| what do you have to prove with strict liability? | causation and damages |
| Consumer Product Safety Commission | protects the public by enforcing product safety standards |
