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Dictionary of Law |
tort :: legal definitionTort - n. from 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. Therefore tort law is one of the major areas of law (along with contract, real property and criminal law) and results in more civil litigation than any other category. 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. Defamation, including intentionally telling harmful untruths about another-either by print or broadcast (libel) or orally (slander)-is a tort and used to be a crime as well. See also: assault battery conversion damages defamation fraud libel negligence slander trespass wrongful death and Related Law Terms ↓ Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant assault :: 1) v. the threat or attempt to strike another, whe ... ult, including for mental distress. assault and battery :: n. the combination of the two crimes of threat (as ... damages. See also: assault battery Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove. bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis battery :: n. the actual intentional striking of someone, wit ... e also: assault assault and battery Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. breaking and entering :: n. 1) the criminal act of entering a residence or ... above. See also: burglary trespass capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law. civil procedure :: n. the complex and often confusing body of rules a ... l civil action civil code civil law civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. community property :: n. property and profits received by a husband and ... and distribution separate property comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence conspiracy :: n. when people work together by agreement to commi ... d conspiracy. See also: conspirator constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft corporation :: n. an organization formed with state governmental ... ation public corporation securities damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights DNA :: n. scientifically, deoxyribonucleic acid, a chromo ... is strongly in favor of admission. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted. execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission. foreseeability :: n. reasonable anticipation of the possible results ... e also: foreseeable risk negligence fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars. grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses. incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence innuendo :: n. from Latin innuere, "to nod toward." In law it ... See also: defamation libel slander insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best. literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury property damage :: n. injury to real or personal property through ano ... l value. See also: damages property proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence public figure :: n. in the law of defamation (libel and slander), a ... See also: defamation libel slander publication :: n. 1) anything made public by print (as in a news- ... so: defamation libel notice slander quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder reputation :: n. a person's good name, honor or what the communi ... See also: defamation libel slander rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence separate property :: n. in community property states (California, Texas ... pouse. See also: community property slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime. trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - TT.R.O. :: n. legal slang for temporary restraining order. Se ... order. See also: restraining ordertainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant take :: v. to gain or obtain possession, including the rec ... eal property or stealing an object. taking the Fifth :: n. the refusal to testify on the ground that the t ... ifth." See also: self-incrimination tangible property :: n. physical articles (things) as distinguished fro ... operty personal property personalty tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges. Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax tax evasion :: n. intentional and fraudulent attempt to escape pa ... o reduce the amount of payable tax. tax return :: n. the form to be filed with a taxing authority by ... able to the taxpayer. See also: tax tax sale :: n. an auction sale of a taxpayer's property conduc ... government to collect unpaid taxes. temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title tenancy at sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy tenant :: n. a person who occupies real property owned by an ... rental payments. See also: tenancy tender :: 1) v. to present to another person an unconditiona ... he tender. See also: delivery offer |