accidents & injuries (tort law)

appropriation

Appropriation occurs when a defendant uses a plaintiff’s name, likeness, or image without their permission for commercial purposes. Appropriation is one of several torts falling under the category of invasion of privacy. When a defendant uses...

arrears

Arrears is defined as debt that has accumulated and that has not yet been paid upon the due date. For instance, if someone falls $5000 behind in paying for their mortgage, then they have built up $5000 in arrears. See also: arrearages.

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assault

Assault is generally defined as an intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact. No physical injury is required, but the actor must have intended to cause a harmful or offensive...

assault and battery

Assault and battery is a modern legal term which combines assault with the separate charge of battery. Assault refers to the wrong act of causing someone to reasonably fear imminent harm. This means that the fear must be something a...

assumption of risk

Assumption of risk is a common law doctrine that refers to a plaintiff’s inability to recover for the tortious actions of a negligent party in scenarios where the plaintiff voluntarily accepted the risk of those actions. Potential plaintiffs...

attractive nuisance

Attractive nuisance is a dangerous condition on a landowner's property that may particularly attract children onto the land and pose a risk to their safety. The attractive-nuisance doctrine imposes a duty on property owners to treat...

attractive nuisance doctrine

Attractive nuisance is a dangerous condition on a landowner's property that may particularly attract children onto the land and pose a risk to their safety. In tort law, the attractive-nuisance doctrine imposes a duty on property owners to...

autopsy

Autopsy, borrowed from the Greek autopsia, meaning “the act of seeing with one’s own eyes” means the detailed medical examination, and/or dissection of a dead body to determine the cause of death, or for any scientific and medical purpose....

autopsy rights

Autopsy rights are those given to the deceased and the next of kin to determine whether and to what extent autopsies should be performed. Typically, the individual (prior to death) and next of kin get to decide whether an autopsy is performed...

award

An award is defined as a final judgment or decision. Generally, an award will include a declaration that one party owes another a certain amount of money. Although the term often refers to the decisions of arbitrators and juries, it can also...

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