Key Legal Terms in Business Law

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Questions and Answers

What is a tort?

  • A type of contract
  • A criminal offense
  • Private or civil wrong that the law grants a remedy for (correct)
  • An invitation to negotiate

What are damages in a legal context?

  • Punitive measures imposed by the law
  • Monetary awards for loss or injury (correct)
  • Legal documents filed in court
  • Types of civil rights

What does the master-serving rule entail?

It holds the master (employer) liable for the conduct of the servant (employee).

What is negligence?

<p>The most common tort based on carelessness.</p> Signup and view all the answers

What is respondeat superior?

<p>The principal/employer is accountable for the acts of its agent/employee.</p> Signup and view all the answers

What are intentional torts?

<p>Torts in which the defendant means to commit the injurious act.</p> Signup and view all the answers

What is assault?

<p>An intentional threat to physically or offensively injure another.</p> Signup and view all the answers

What is battery?

<p>Harmful or offensive touching.</p> Signup and view all the answers

What constitutes false imprisonment?

<p>Depriving a person of freedom of movement without consent and without privilege.</p> Signup and view all the answers

What is defamation?

<p>A false statement that injures one's reputation.</p> Signup and view all the answers

What is invasion of privacy?

<p>Unwelcome and unlawful intrusion into one's private life.</p> Signup and view all the answers

What is trespass to land?

<p>Being on the land of another without the right or permission of the owner.</p> Signup and view all the answers

What is conversion?

<p>Using property in a manner inconsistent with the owner's rights.</p> Signup and view all the answers

What is fraud?

<p>Intentional misrepresentation of an existing important fact.</p> Signup and view all the answers

What is strict liability?

<p>Holding a defendant liable without a showing of negligence.</p> Signup and view all the answers

What are statutes of repose?

<p>Laws that cut off the right to sue for defects in design and manufacturing after a certain time.</p> Signup and view all the answers

What is an injunction?

<p>A court order for a person to do or not to do a particular act.</p> Signup and view all the answers

What are compensatory damages?

<p>Money awarded to place an injured party in the position prior to a loss.</p> Signup and view all the answers

What are punitive damages?

<p>Money a court requires a defendant to pay to punish them for inflicting injury.</p> Signup and view all the answers

Who is a plaintiff?

<p>The party that initiates a civil lawsuit by filing a complaint.</p> Signup and view all the answers

What is a summons?

<p>A court order issued to a defendant to appear in court.</p> Signup and view all the answers

What is an answer in legal terms?

<p>A legal document filed in court in response to a complaint.</p> Signup and view all the answers

What is discovery in a civil lawsuit?

<p>The court-supervised process to develop material for a case.</p> Signup and view all the answers

What is evidence in a legal context?

<p>Materials presented to prove or disprove alleged facts.</p> Signup and view all the answers

What is testimony?

<p>Statements by witnesses under oath.</p> Signup and view all the answers

What is a witness?

<p>An individual with personal knowledge of important facts.</p> Signup and view all the answers

What is a verdict?

<p>The jury's decision in a case.</p> Signup and view all the answers

What is a judgement?

<p>The final result of a trial.</p> Signup and view all the answers

What is a complaint in legal terms?

<p>A legal document filed to initiate a civil case detailing allegations against a defendant.</p> Signup and view all the answers

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Study Notes

  • Tort: A private or civil wrong recognized by the law, providing a remedy to the injured party.

  • Damages: A monetary award from the court to compensate a victim for loss or injury caused by another's actions.

  • Master-Servant Rule: Establishes that an employer (master) is liable for the actions of their employee (servant) during the course of employment.

  • Negligence: A prevalent tort, resulting from careless actions that lead to harm or injury to another person.

  • Respondeat Superior: A legal doctrine holding employers liable for the actions of their employees performed within the scope of employment.

Types of Torts

  • Intentional Torts: Torts committed purposely by the defendant, with the intent to cause an injury.

  • Assault: An intentional act that creates a fear of imminent harmful or offensive contact in another person.

  • Battery: Involves harmful or offensive physical touching of another individual.

  • False Imprisonment: The unlawful deprivation of an individual's freedom of movement without consent or legal privilege.

  • Defamation: The act of making false statements that harm an individual's reputation.

  • Invasion of Privacy: Unauthorized intrusion into someone’s personal life, causing mental distress or humiliation.

  • Trespass to Land: Entering someone else's property without permission.

  • Conversion: Wrongfully using or controlling someone else's property, depriving the owner of its use.

  • Fraud: The intentional deception regarding a significant fact, leading another party to act in a way that causes harm.

  • Strict Liability: A legal doctrine holding a party responsible for damages without needing to prove negligence or fault.

  • Statute of Repose: A law that limits the time frame in which a lawsuit can be filed for defects in a product's design or manufacturing, typically ranging from 10 to 12 years.

  • Injunction: A court-issued directive requiring a party to perform or refrain from a specific action.

  • Compensatory Damages: Financial awards designed to restore an injured party to their prior condition before the loss or injury occurred.

  • Punitive Damages: Monetary penalties imposed on a defendant to punish wrongful conduct and deter future misconduct.

  • Plaintiff: The party initiating a civil lawsuit by filing a complaint against another party.

  • Summons: A court order commanding a defendant to appear in court to respond to a complaint.

  • Answer: A legal document where the defendant addresses the allegations made in the complaint.

  • Discovery: A pre-trial process wherein parties gather information and evidence to build their cases.

Evidence and Court Process

  • Evidence: Materials or information presented in court to prove or refute allegations.

  • Testimony: Statements made by witnesses under oath during legal proceedings.

  • Witness: An individual who possesses relevant knowledge about the facts of the case.

  • Verdict: The decision reached by a jury regarding the outcome of a case.

  • Judgment: The final ruling or decision issued by a court following a trial.

  • Complaint: A formal legal document filed by the plaintiff outlining allegations against the defendant and requesting relief, typically in the form of damages or an injunction.

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