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70 Cards in this Set
- Front
- Back
The most familiar type of law practice involving tort law is what? |
Personal Injury Litigation |
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Personal Injury law includes cases resulting from what (4) |
Medical Malpractice Dangerous Conditions on property Automobile accidents Defective property |
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The topic of tort law is Very broad. T or F |
T |
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How is tort defined? |
A non-contractual civil wrong that results in an injury or other loss from which the injured party has a legal remedy. |
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Tort law is found mainly in what? |
State and federal statues and Case Law |
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3 types of tort exist: |
Intentional tort Negligence Strict Liability |
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The facts satisfy or support each of the elements, then the victim has a case or ________ based on that tort |
Cause of Action |
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Tort defenses include facts that justify or excuse what would other wise be a tort. T or F |
T
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The party committing the tort intends to do the act, knowing, or recklessly disregarding its consequences is what? |
Intentional tort |
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As Frank pulls a chair out from under Charles as Charles starts to sit; Charles injures his back when he falls to the floor. Frank has committed what type of tort? |
Intentional |
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The doctrine of _________ ____________ operates to transfer the intent to harm one individual to another who is inadvertently harmed. |
transferred intent |
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A person who intends to shoot one person, but hits another, has committed what? |
Intentional tort |
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Many intentional torts originated under English Common law. T or F |
T |
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Common intentional torts are: (9) |
Assault Battery False Imprisonment Defamation Invasion of privacy intentional infliction of emotional distress misrepresentation conversion trespass |
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Torts that have been created by modern statutes and case law are: (4) |
Sexual Harassment Environmental Pollution Civil rights violations Economic tort |
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1. An intentional act 2. Causing fear or apprehension of an immediate harmful or offensive touching or contact What is this? |
Elements of assault
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1, An intentional act 2. Causing a harmful or offensive touching or contact What is this? |
Elements of Battery |
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In the course of a fight, Adams points a gun at Braun and shoots, hitting Braun. When does the assault happen? When does the battery happen? |
Assault happens when Braun is aware of the gun and becomes filled with fear and apprehension. Battery happens when Braun is hit with a bullet of the gun. |
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One who commits a tort is called what?
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tortfeasor |
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tort of battery is frequently committed in the course of a fight, but ________ _________ is also considered a tort of battery. This also goes for ____________ __________ as well. |
Medical treatment Sexual Assault |
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A court ordere directing the defendant to stop some type of conduct is called what?
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injunction
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The requirements for a cause of action is what? |
Elements |
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Consent must be given voluntarily by an individuals having the capacity to consent. T or F
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T |
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An intentional and unlawful violation of the personal liberty or confinement of another is called what? |
False Imprisonment |
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A false imprisonment in which the confinement or restraint is done by one claiming the authority to make a lawful arrest is called what? |
False imprisonment |
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Elements of false imprisonment are what? (3) |
1. Intentional confinement of a person 2. Confinement is complete, not consentual, and known to the victim 3. confinement is without lawful privilege |
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Elements of false arrest are what? (3) |
1. A false imprisonment 2. Under claim of right to arrest 3. Without legal right to make arrest |
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Is locking a person in a room a form of tort? |
No, as long as the door is unlocked before the individual awakes |
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What is one of the most obvious examples of false imprisonment? |
Kidnapping |
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The right of a merchant to make reasonable detention of a patron where there is probably cause to believe that shoplifting occurred is called what? |
Shopkeepers privilege |
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What is defamation:libel? |
Written publication that can be true or untrue and injurious to an individuals reputation |
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What is defamation: Slander? |
Oral defamation of character in spoken |
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The intentional and offensive intrusion upon the solitude of another or upon his or her private affairs or concerns is called what? |
Invasion of privacy |
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Intentional and Outrageous conduct that causes mental suffering forms the basis of the tort of __________________ ______________ of emotional distress. |
Intentional infliction |
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What tort has the court been reluctant to recognize? |
Intentional infliction (Emotional distress) |
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Pursuing an unjustified criminal or civil lawsuit against in individual leads to the tort of ________ ____________. |
Malicious prosecution |
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When an individual uses a legal proceeding for an improper purpose is called what? |
Abuse of Process |
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Another term for the business torts of slander of title and trade libel is called what? |
Disparagement |
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_________ is a tort against real property, where____________ is a tort against personal property. |
Trespass, Conversion |
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Personal property is something that can be what? |
It can Moved |
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Fixed real property cannot be what? |
It can't be moved |
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The result of one's thoughts, ideas, or inventions; includes patents, copyrights, and trademarks is called what? |
intellectual property |
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Improper interference int he intellectual property rights of another is called what? |
Infringement |
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The term _______ is often associated with contract law, and is a tort. |
Fraud |
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What are the 2 major defenses to intentional torts?
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Consent and privilege
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The law allows a person to engage in an activity that would be a tort if that act were not specially permitted. Example - Parents have the privilege or right to discipline a child, thus spanking is not a battery. A doctor has privilege to render treatments in an emergency situation |
Privilege |
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A tort; failure to act as a reasonably prudent person would act under the same or similar circumstances is called what? |
Negligence |
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The thing speaks for itself ; Negligence is implied from the fact that the incident happened
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Res Ipsa loquitur |
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The negligent act was the cause of injury is what? |
Actual cause |
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__________ are a required element of the tort of negligence. |
Damages |
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If there is no injury, there is still a tort. T or F |
F |
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A condition on land that appeals to children, a doctrine that requires homeowners to use reasonable care to avoid injury to trespassing children. |
Attractive Nuisance |
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Professional Negligence, doctors, lawyers, accountants, and engineers are required to exercise care consistent with the standards of the professional community |
Malpractice
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Defective products. Lawsuits for injuries caused by defective products is called what? |
Product Liability
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Companionship, comfort, and society given by one spouse to another is called what?
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Consortium |
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Contributory negligence is what? |
when the plaintiff contributed to his or her owns injury due to negligence |
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Comparative negligence is what |
When the courts compare both parties negligence to determine amount of negligence. |
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Knowingly and voluntarily assuming a risk; a defense to negligence and strict liability. |
Assumption of the risk |
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Assumption of the risk is what? |
when the injured party knowingly knows the risks of the act. Example: people attending a golf tournament cannot sue when struck with a ball because it is implied that the spectators assume that risk |
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Sometimes negligent conduct is so extreme that it borders on intentional conduct. |
Gross Negligent |
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Liability without fault is called what |
Strict Liability |
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Dangerous activity; one who engages in an abnormally dangerous activity is strictly liable to those who may be injured as a result. |
Abnormally dangerous activity |
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Out of pocket losses is called what? |
Special damages
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Damages not based on a monetary loss; includes items such as pain and suffering is called what |
general damages |
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Damages meant to punish is called what? |
Punitive damages |
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The principle that when two or more defendants cause an injury and the injured party can recover all or part of the damages from any of the defendants |
Joint and several liability |
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When an employee commits a tort, sometimes the employer can be responsible. This is called what? |
Respondeat Superiour |
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When an employee commits a tort, the employer takes on what responsibility? |
Vicarious Liability |
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If the employer hires a contracted employee to perform a dangerous task, the employer can still be made liable. What is this called? |
Peculiar risk doctrine |
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When a lawyer takes a percentage of a what is recovered from a case this is called what? |
contingent fees |