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35 Cards in this Set
- Front
- Back
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Absolute Liability
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Liability for an act that causes harm without regard to fault or negligence. Also known as strict liability.
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Assumption of the Risk
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A defense in a suit for negligence where the defendant can show the plaintiff knew of the risk involved and took the chance of being injured.
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Attractive Nuisance Doctrine
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A doctrine establishing property owners' duty to use ordinary care toward trespassing children who might reasonably be attracted to their property.
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Bare Licensee
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A person allowed on another's property by operation of law, such as a firefighter or police officer.
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Business Invitee
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One invited on the premises for non-business or commercial purpose.
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Causation
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The negligent act of the defendant was the direct and proximate cause of the plaintiff's injuries.
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Comparative Negligence
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Each party's negligence is compared an the plaintiff's damages are reduced in proportion to his or her negligence.
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Contributory Negligence
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Negligence on the part of the plaintiff that contributed toward the injuries and was a proximate cause of them.
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Culpable Negligence
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Intentional commission of an act that a reasonable person knows would cause injury to another. Also known as Willful, Wanton, and Reckless Conduct
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Damages
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Some actual loss. (Specifically regarding recovery in negligence case: 1. Loss of wages 2. Amount of money to compensate for pain and suffering 3. Cost of hospital/medical treatment)
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Dangerous Instrumentalities
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Hazardous items such as explosives or wild animals
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Fact Finder
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The jury in a jury trial or the judge in a non jury trial.
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Foreseeable
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Known in advance, anticipated
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Gratuitous Guest
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One invited on the premises for non-business purposes
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Gross Negligence
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Extreme negligence
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Humanitarian Doctrine
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A defendant who had the last clear chance to have avoided injuring the plaintiff is liable even though the plaintiff had also been contributorily negligent. Also known as the Last Clear Chance Doctrine
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Last Clear Chance Doctrine
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A defendant who had the last clear chance to have avoided injuring the plaintiff is liable even thought the plaintiff had also been contributorily negligent. Also known as the Humanitarian Doctrine.
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Liability
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Legal responsibility
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Malpractice
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Negligence of a physician, attorney, or other professional
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Negligence
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The failure to use the amount of care and skill that a reasonably prudent person would have used under the same circumstances and conditions
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Ordinary Negligence
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the want of ordinary care
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Pain and Suffering
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physical discomfort and emotional trauma
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Privity of Contract
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relationship between contracting parties
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Product Liability
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Liability of manufacturers and sellers to compensate for injuries suffered because of defects in their products
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Proximate Cause
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The dominant or moving cause
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Prudent
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Cautious
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Reasonable Care
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Degree of care that a reasonable person would have used under the circumstances then known
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Res Ipsa Loquitor
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The thing speaks for itself
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Statute of Limitations
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A time limit set by statute within which a suit must be commenced after the cause of action accrues
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Statute of Repose
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Places an absolute time limit for bringing a cause of action regardless of when the cause of action accrues
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Strict Liability
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Absolute Liability; Liability for an act that causes harm without regard to fault or negligence
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Supervening Cause
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A new occurrence that became the proximate cause of the injury
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Willful, Wanton, and Reckless Conduct
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Intentional Commission of an act that a reasonable person knows would cause injury to another. Also known as culpable negligence
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Wrongful Death Action
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A suit brought by the decedent's personal representative against the negligent party for the benefit of the decedent's heirs
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Wrongful Death Statutes
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Legislative enactments that govern wrongful death actions
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