Intro To Paralegal Final Review

French for "wrong," a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm.

Some intentional torts may also be crimes, such as assault, battery, wrongful death, fraud, conversion (a euphemism for theft) and trespass on property and form the basis for a lawsuit for damages by the injured party.

Strict liability is a legal doctrine that makes some persons responsible for damages their actions or products cause, regardless of any "fault" on their part.

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product.

A civil wrong tort causing injury or harm to another person or to property as the result of doing something or failing to provide a proper or reasonable level of care.

An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability.

Battery is both a tort and a crime. Its essential element, harmful or offensive contact, is the same in both areas of the law. The main distinction between the two categories lies in the penalty imposed.

Any unauthorized act that deprives an owner of personal property without his or her consent. The wrongdoer converts the goods to his or her own use and excludes the owner from use and enjoyment of them.

Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. Defamation may be a criminal or civil charge. It encompasses both written statements, known as libel, and spoken statements, called slander.

Monetary compensation that is awarded by a court in a civil action to an individual who has been injured through the wrongful conduct of another party. Damages attempt to measure in financial terms the extent of harm a plaintiff has suffered because of a defendant's actions. Damages are distinguishable from costs, which are the expenses incurred as a result of bringing a lawsuit and which the court may order the losing party to pay. Damages also differ from the verdict, which is the final decision issued by a jury.

Gross Negligence, Children and Negligence, Comparative Negligence, Contributory Negligence, Mixed Comparative and Contributory Negligence, Vicarious Liability.

An extraordinary equitable remedy that compels a party to execute a contract according to the precise terms agreed upon or to execute it substantially so that, under the circumstances, justice will be done between the parties.

Legal Age, Mental Competence, Written Requirements, Signing Requirements, Witnesses

Legal Custody: refers to a parent of divorce or separation having the right and responsibility to make decisions regarding the upbringing of their children. Legal custody also relates to the general welfare of the child in the context of child custody and divorce. Physical Custody: Physical custody involves the day-to-day care of a child and where a child will live when parents divorce or separate.

is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally rely upon the witness's specialized (scientific, technical or other) opinion about an evidence or fact issue within the scope of his expertise, referred to as the expert opinion, as an assistance to the fact-finder.^[1