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Tort Liability

Break out your Law Dictionary on Torts. Some answers include one or more empty spaces.

Negligence Per Se California's court created comparative fault system allowing any percent of liablity to be imposed on a defendent
Hearsay Liability without Fault
Breach Burden of proof in civil court
Proposition 51 Damages diminished in proportion to negligence of injured person
Res Ipsa Loquitur Damages the law implies or presumes to have accrued from the wrong complained of, i.e. damages for pain and suffering
Punitive Compensation recoverable for injury
Preponderance of Evidence All the means by which a matter of fact is established or disproved
Complaint An agreement by two or more creating an obligation
Proximate Cause Obligation to introduce evidence
Evidence One who commits a tort
Defendant Testimony in court of a statement made outside of the court to prove the truth of the matter asserted
Admissions Degree of care of a reasonably prudent person
Tort Failure to perform a duty
Plaintiff Evidence of such a character that the court or judge is bound to receive it; that is, allow it to be introduced at trial
Strict Liability To bring about; bring into existence; to make
Negligence One who intitiates a suit
General First pleading of plaintiff setting out facts on which claim is based
Joint Failure to use due care
Tortfeasor Liability to plaintiff for entire judgment
Burden of Proof Liability to plaintiff shared by tortfeasors
Special Damages over and above what will compensate for loss to punish and make an example of wrongdoers
Admissible The principle pleading by the defendant responding to plaintiff's complaint
Standard of Care One who is sued
Comparative Fault Duty to affirmatively prove facts
Damages Limits joint and several recovery to economic specials
Duty Unexcused violation of an applicable statute
Pure A private civil wrong or injury
Cause Natural, continuous and unbroken sequence producing injury
Burden of Producing Evidence Consequential damages caused by injury, but not necessarily the result of the injury, i.e. lost wages
Several The thing speaks for itself
Contract Legally sanctioned obligation
Answer Confession, concessions or voluntary acknowlegments made by a party to the existence of certain facts

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