[Commecial law] Week 1 - Vocabulary: 1. damages (n.): the amount of money which a plaintiff (the person suing) may be awarded in a lawsuit. (Hint: It is a noncount noun, but it has an –s ending). 2. injury (n.): any harm done to a person by the acts or omissions of another. ________ may include physical harm, loss of a legal right or breach of contract. If the party causing the _______ intentionally caused harm or was careless then he/she is liable (responsible) for payment of damages for the harm caused. 3. negligence (n.): an unintentional tort. This means failure to exercise the care toward others which a reasonable or careful person would do in the circumstances, or taking action which such a reasonable person would not. 4. party (n., pl.): the following are types of _________ : plaintiff, defendant, petitioner, respondent. 5. opinion (n.): the explanation that a court gives for its judgment or ruling, which is based on the facts, the applicable law (including precedent), and the arguments of the attorneys for the parties. 6. injunction (n.): a court order directing someone to do or not do something. 7. specific performance (n.): the right of a party to a contract to demand that the defendant who breached a contract be ordered to perform as agreed. Example: When a defendant was to deliver some unique item such as an artwork and did not, a judge may order the defendant to actually deliver the artwork. 8. legislation.(n.): a law or set of laws made by a government body, such as a congress or parliament; also, the action of making laws. => legislate (v.): to make a law or set of laws (Hint: the verb form is slightly different than the noun form). 9. burden of proof (n.): the requirement in a civil case that the plaintiff show by a "preponderance of evidence" or "weight of evidence" that all the facts necessary to win the case are presented and probably true. In a criminal case, the ____________ required of the prosecutor is to prove the guilt of the defendant "beyond a reasonable doubt”, which is a higher standard. 10. precedent (n.): judgment, decree or determination of findings of fact and/or of law by a judge, arbitrator, court, or governmental agency 11. remedies (n., pl.): the means of preventing or compensating a violation of a right; the means to achieve justice in any matter in which legal rights are involved. 12. statute (n.): a written law enacted by a legislative body. Local ________ or laws are usually called "ordinances." 13. liable (adj.): responsible or obligated. 14. precedent (n.): a prior reported opinion of an appeals court which establishes the legal rule (authority) in the future on the same legal question. Ex. "The rule in Fishbeck v. Gladfelter is __________ for the issue before the court in this case." 15. prosecute (v.): in criminal law, to charge a person with a crime and thereafter take the case to trial on behalf of the government. 16. compensation (n.): the amount received to "make one whole" (or at least better) after an injury or loss. (Hint: There is a closely related verb form.) 17. plaintiff (n.): the party who initiates a lawsuit by filing against the defendant demanding damages, performance and/or the court’s ruling regarding such party’s rights. In some types of cases (such as a divorce) a ________________ may be called a petitioner. 18. tort (n.): from French for "wrong," a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. _______ law is one of the major areas of law. 19. common law (n.): body of law formed through custom and court decisions, as opposed to law formed through statues or written legislation. ******TN******
Posted on: Thu, 20 Jun 2013 16:09:48 +0000