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Today's Terms
Tort Liability
Definition:
The defendant must owe a legal duty to the victim, the defendant breached that duty, the breach was the cause of an injury to the victim, there must be an injury. In most cases, there must be a physical or financial injury to the victim, but sometimes emotional distress, embarrassment, or dignitary harms are adequate for recovery.
Arbitration
Definition:
A process for deciding a legal dispute out of court; a substitute for an ordinary trial.
Res ipsa loquitur
Definition:
The use of res ipsa loquitur should be prohibited in medical malpractice cases because under this doctrine the mere fact that the injury occurs means that the defendant was negligent, although it is not all the time.
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