Environmental law chapter 9 - 11
Terms
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- Environmental law
- Field of law that emphasizes the protection of the environment in the public interest
- nuisance
- the use of the defendant's land in such a way that it interferes with the plaintiff's use or enjoyment of plaintiff's land
- private nuisance
- a common law tort that forbids the use of one's property in a way that is offensive or obnoxious to one's neighbors
- public nuisance
- the use of one's preperty in a way that offends the health, safety, or morals of the general public
- Taking Clause
- the clause in the fifth amendment to the u.s. constitution that forbids that taking of private property for public use without just compensation
- Standing
- the doctrine requiring that a party bringing suit before a court must have a legal right to do so
- eminent Domain
- the power of the government to take private property for public use
- Tortfeasor
- the wrongful actor in a tort suit
- negligence
- a theory of tort recovery involving a legal duty, a breach of duty, proximate cause, and injury
- Prima Facie
- the plaintiff's version of the facts, which if taken at first glance or first face, seems to substantiate the plaintiff's allegations against the defendant
- reasonable prudent person
- a mythical person created by the courts that is used as the objective satndard by which the party's conduct is measured
- invitees
- in tort law, a business visitor on one's premises
- licensees
- in tort law, a social guest in one's property
- negligence per se
- a method of establishing the defendant's negligence by proving a violation of a safety statue or regulation
- res ipsa loquitur
- a method of showing the defendant's otrt liability by proving that all the instrumentalities were under the deffendant's contorl and that the accident was of a kind that would not have occurred without negligence
- proximate cause
- the theory that the injury sustained by the plaintiff and the defendant's action were so closely connected that the defendant's act caused the injury and there were no intervening causes
- damages
- pecunairy or monetary compensation paid by the wrongdoerr in a civil case
- voluntary assumption of risk
- a defense used in a tort law, that the plaintiff was cognizant of the danger and voluntarily chose to encounter the danger
- contributory negligence
- a legal theorythat totally bars the plaintiff who contributed, even slightly, to his or her own injury form recovering damages
- comparative negligence
- a theory that allocates negligence between the plaintiff and the defendant and that allows the plaintiff to revover even he or she contributed to his or her won injury
- assult
- the apprehansion of an offensive or unwanted contact for another person
- battery
- harmful or offensive contact with another person
- defamation
- the injury to one's reputation in the community by defamatory comments
- libel
- defamation that is presered in some permanent form.
- slander
- defamation that is spoken or not preserved in permanent form
- trespass to land
- the injury to another's real property by an unlawful entry
- conversion
- the deprivation of an owner of possession of tangible property
- trespass to chattel
- the damage to another's item of tangible, personal property
- chattel
- an item of tangible property other than realty
- vicarious liability
- the shifting of liability from the tortfeasor to another party, usually an employer.
- respondeat superior
- a theory of vicarious liability in which the employer or master is financially responsible for the torts of employees or servants