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 |