Note: Many of these definitions come from
Merriam-Webster's Dictionary of Law ©1996.
http://dictionary.lp.findlaw.com/scripts/results.pl?co=dictionary.lp.findlaw.com&topic=1c/1c6f7fdd27572e05c6139b702a5d3787
Actus Reus - the wrongful act that makes up the physical action of a crime
Actual Damages - damages deemed to compensate the injured party for losses sustained as a direct result of the injury suffered
ARSON - the malicious burning of a dwelling (or some building used in connection with it) belonging to or occupied by another.
Assault - at common law, putting another person in fear of an imminent unauthorized person touch
Battery - at common law, an unauthorized person touch
Blackmail - obtaining property by the threat of a future harm. [Also called extortion.]
Burglary - at common law, the breaking and entering of the dwelling of another with intent to commit a crime
Civil Law - the law that applies to private rights esp. as opposed to the law that applies to criminal matters
Compensatory Damages - money awarded to compensate the plaintiff for an actual loss
Concealment - the intentional failure to disclose a material fact and esp. the existence of a cause of action by one under a duty to make such a disclosure to another who acts or fails to act in reliance and suffers a loss
Consequential Damages - damages awarded in an amount deemed to compensate for losses that arise not as a natural result of the injury but because of some particular circumstance of the injured party
Criminal Law - public law that deals with crimes and their prosecution
Corpus Delicti - literally, the body of the offense: the substance of a crime that the prosecutor must prove and that consists of an injury or loss (as death of a victim or disappearance of property) and the criminal act that resulted in it
Defamation of Character - communication to third parties of false statements about a person that injure the reputation of or deter others from associating with that person
Duress - wrongful and usually unlawful compulsion (as threats of physical violence) that induces a person to act against his or her will: "coercion". Contracts entered into under duress are void.
Embezzlement - at common law, the fraudulent conversion of the property of another by someone who is already in lawful possession of it.
Exemplary Damages - (a.k.a. punitive damages) - damages awarded in cases of serious or malicious wrongdoing to punish or deter the wrongdoer or deter others from behaving similarly
Express Warranty - a warranty that is created in a contract by a statement of fact (as a description) which is made about the object of the contract and which forms a basis of the bargain.
Extortion - obtaining property by the threat of a future harm. [Also called blackmail.]
False Imprisonment - at common law, intentionally or knowingly restraining another person
False Pretenses - at common law, a false representation of a material present or past fact which causes the person to whom it is made to pass title to his property to the misrepresenter who knows that his representation is false, and intends to defraud.
Foreseeability - the doctrine esp. of tort and contract law that liability is limited to losses that are foreseeable (see also Palsgraf v. Long Island Railroad Co. in the Important Cases section)
Fraud - a misrepresentation or concealment with reference to some fact material to a transaction that is made with knowledge of its falsity or in reckless disregard of its truth or falsity and with the intent to deceive another and that is reasonably relied on by the other who is injured thereby.
Implied Warranty - a warranty that is not expressly stated but that is recognized or imposed by the law based on the nature of the transaction.
Implied-in-fact Warranty - a warranty that arises due to course of dealing (i.e. the history of agreements between these parties) or usage of trade (i.e. the customary practices in this particular industry or trade).
Implied-in-law Warranty - a warranty imposed by legislative act, such as the UCC's Warranty of Merchantability or Warranty of Fitness for a Particular Purpose.
Incidental Damages - damages recoverable under section 2-715 of the Uniform Commercial Code in breach of contract cases for losses that include expenses incurred in handling and caring for goods which were the subject of the contract, reasonable expenses incurred in obtaining cover, and any other reasonable expenses resulting from the breach that do not fall into any other category
Intentional Tort - a tort that requires that the action be done intentionally or knowingly, such as battery
Kidnapping - at common law, intentionally or knowingly abducting another person
Larceny - at common law, the trespassory taking and carrying away of the personal property of another with the intent to steal.
Libel - a published false statement that injures the reputation of another (a type of defamation)
Liquidated Damages
- damages whose amount is agreed upon by the parties to a contract as adequately
compensating for loss in the event of a breach (called also stipulated damages)
Mens Rea
- a culpable mental state, especially one involving intent or knowledge and
forming an element of a criminal offense
Minority - In most states, people under the age of 18 are considered minors (a.k.a. infants). They lack the capacity to contract.
Mutual Mistake - a mistake common to both parties to a contract who were in agreement about the purpose or terms of the contract. Also known as "bilateral mistake."
Necessaries - goods or services delivered to a minor that are considered by reference to his or her circumstances to warrant holding the minor to a contract for them despite an attempt to disaffirm it
Negligence - a tort comprised of the failure to exercise ordinary care which results in monetary damages [See also the PowerPoint notes on elements of negligence.]
Nominal Damages - damages awarded in a small amount (as one dollar) in cases in which a party has been injured but no loss resulted from the injury or in which the injured party failed to prove that loss resulted from the injury
Proximate Cause - the cause that actually brings about the criminal wrong
Rape - at common law, unconsented to sexual intercourse committed by a man on a woman who is not his wife
Ratification - the act of ratifying a contract, or making it binding by express or implied consent to its original terms. Minors may ratify a contract after having achieved the age of majority, and therefore be bound by the terms of the original contract.
Rehabilitation - To restore to good health or useful life, as through therapy and education.
Retribution - punishment imposed (as on a convicted criminal) for purposes of repayment or revenge for the wrong committed
Robbery - at common law, larceny committed with two additional elements: 1. the property is taken from the person or presence of the owner, and 2. the taking is accomplished by using force or putting the owner in fear.
Slander - a false statement, made by one person to another about a third, that injures the reputation of the third person (a type of defamation)
Strict Liability - a tort that requires no element of intent or breach of ordinary care, such as keeping inherently dangerous animals (see also, strict products liability)
Strict Products Liability - tort liability that arises from the manufacture, distribution or sale of a product that is in a defective condition which is unreasonably dangerous in its intended use
Tort - a wrongful act other than a breach of contract that injures another and for which the law imposes civil liability: a violation of a duty (as to exercise due care) imposed by law as distinguished from contract for which damages or declaratory relief (as an injunction) may be obtained
Tortious Misrepresentation - a misrepresentation of a material fact that causes damages
Undue Influence - improper influence that deprives a person of freedom of choice or substitutes another's choice or desire for the person's own. Contracts made due to undue influence are usually voidable by the party who was unduly influenced.
Unilateral Mistake - a mistake on the part of one party to a contract that is usually not a ground for rescission or reformation unless one party stands to profit or benefit improperly from the mistake
Utilitarianism - The ethical theory proposed by Jeremy Bentham and James Mill that all action should be directed toward achieving the greatest happiness for the greatest number of people.
Voidable - capable of being voided. For example, the contracts of minors are voidable by the minor, meaning the minor can refuse to comply with the contractual terms.