Affirmative Defense
allows defendant to present evidence that condition was result of factor other than defendant's negligence
ADR
Alternative
... [Show More] Dispute Resolution-methods use to resolve a civil dispute that do not involve going to court
Arbitration
submitting a dispute for resolution to a person other than a judge
Arbitrator
person chosen to decide a disagreement between two parties
Assumption of Risk
legal defense that prevents plaintiff from recovering damages-plaintiff accepts responsibility
Borrowed Servant Doctrine
special application of respondeat superior in which employer lends employee to someone else
Cap
limit
Claims Made Insurance
liability insurance that covers the insured party for only claims made during the time period while the policy is in effect
Comparative Negligence
plaintiff's own negligence helped to cause the damages ; only pays for what the plaintiff was responsible for
Compensatory Damages
court awarded payment to make up for loss of income or emotional pain and suffering
Contributory Negligence
plaintiff is a contributing cause of the injuries complete bar to recovery of damages
Damages
injuries caused by the defendant usually a monetary award is given as compensation
Defensive Medicine
ordering more tests and procedures than are necessary in order to protect oneself from a lawsuit
Dereliction
neglect,as in neglect of duties
Direct Cause
continuous sequence of events unbroken by any intervening cause that produces an injury and without which the injury would not have occurred
Duty
obligation or responsibility
Feasance
doing an act or performing a duty
Federal Rules of Evidence
rules that govern the admissibility of evidence into federal court
Fraud
deliberate concealment of the facts from another person for unlawful or unfair gain
Law of Agency
legal relationship formed between two people when one person agrees to perform work for another person
Liable
legal responsibility for one's own action
Malfeasance
performing an illegal act
Malpractice
professional misconduct,lack of skill with the result of injury loss or damage to the patient
Mediation
using opinion of a third party to resolve a civil dispute in a non -binding decision
Misfeasance
improper performance of an otherwise proper or lawful act
Negligence
unintentional action that occurs when a person either performs or fails to perform an action that a reasonable person would or would not have committed in a similar situation
Nominal Damages
a slight or token payment awarded by the court
Nonfeasance
failure to perform an action when it is necessary
Occurrence Insurance
also called clams-incurred insurance;covers all injuries regardless of when it occurs
Proximate
injury was closely related to the defendant's negligence
Punitive Damages
called exemplary damages,monetary award by a court to a person who has been harmed in a malicious and willful way;meant to punish the offender
Res ipsa loquitor
Latin "the thing speaks for itself"
Res judicata
Latin"The Thing has been decided"
Rider
additional component to an insurance policy
Settlement
the outcome of a case outside of a courtroom settling a legal case
Tortfeaser
a person guilty of committing a tort [Show Less]