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18 Cards in this Set
- Front
- Back
Causation |
essential element of negligence that limits negligence liability to harm caused by one's unreasonable acts or omissions |
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Cause in fact |
part of causation brought about by act or omission without which an event which not have occurred; also called causation in fact and actual cause |
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Proximate cause |
part of causation that requires a sufficient connection between a person's act or omission and an injury to justify imposing liability; also called legal cause |
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Eggshell skull rule |
exception to proximate cause according to which, if it is foreseeable that the defendant's unreasonable act or omission will result in any harm to the plaintiff's person and harm does occur, then the defendant is liable for the full extent of the harm, including both the foreseeable and the unforeseeable injuries that result |
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Intervening cause |
event or occurrences that produces harm after the initial injury suffered by the plaintiff, which contributes to or aggravates the initial injury |
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Superseding cause |
event or occurrence that produces harm after the initial injury suffered by the plaintiff, which cuts off defendant's liabilityy for the later harm |
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Damages |
essential element of negligence that requires a plaintiff to demonstrate that she suffered a legally recognizable injury |
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Avoidable consequences doctrine |
a plaintiff is held legally responsible for any further injury or harm that, through his actions, he could have reasonably avoided after being injured by the defendant's negligence |
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Collateral source rule |
legal doctrine that prohibits the defendant from avoiding liability for injuries caused to the plaintiff but compensated for by collateral sources |
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Collateral source |
funds or services that a person receives because of an injury caused by a defendant but that come from sources other than the defendant |
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Malpractice |
failure of a professional, such as a doctor or lawyer, to exercise reasonable care in the performance of professional services; also called professional negligence |
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Mass tort litigation |
Litigation involving large numbers of plaintiff in multiple jurisdictions, including both state and federal courts, and multiple venues, all injured by the same defendant and arising out of the same event or source |
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Class action |
lawsuit in which a large group of people bring a legal claim collectively |
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Multidistrict litigation |
special federal litigation procedure designed to speed the process of handling complex cases |
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Insurance |
contact utilized by persons to manage their risk of loss under certain circumstances |
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Insurance policy |
contact for insurance coverage |
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Insurance premium |
consideration paid by the insured for the insurance protection set forth in the insurance policy |
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Workers' compensation statutes |
state law that establish an administrative procedure to provide compensation to workers who suffers injury or illness as a result of their employment |