CJL 3044 Civil Law- Midterm
in a legal case, what is the legal action called?
A lawsuit
Eric, as a practical joke, stuck his foot out to trip Monica, who was walking by. Monica tripped on Eric's foot, fell to the ground, and broke her wrist. What tort did Eric commit?
Battery
The purposeful and wanted harmful or offensive contact with another person.
Battery
Without permission and without his knowledge, Melanie parks her car in her neighbor, Harry's, driveway while Harry is away on a trip. Which of the following statements is false?
Because Harry is away, there is no intrusion onto his land
A plaintiff's voluntary willingness to let the defendant's conduct occur and to accept its consequences.
Consent
Douglas steals Catherine's bicycle takes it to a bicycle shop and sells it to the shop for $50. Douglas has committed the tort of?
Conversion
intentional exercise of dominion and control over another personal property that seriously interferes with the owner's or possessor's right to possession.
Conversion
Causing emotional distress by an act of unreasonable conduct constitutes the tort of intentional infliction of emotional distress.
False
Deadly force may be used in defense of property where the property is very valuable in the amount of deadly force as reasonable.
False
In searching tort law, a researcher is searching primarily for state constitutional law.
False
Negligence is an intentional tort against the person.
False
Of the three main classifications of torts, intentional torts are by far the most common tort actions.
False
Sales puffery, which is the sales talk engaged in by salesperson often exaggerating the good qualities of the item offered for sale, it's actionable misrepresentation.
False
Statutes of limitations are laws enacted by legislatures that limit the number of defenses that defendants can assert from defending themselves again intention claims.
False
The general rule is that parents are vicariously liable for torturous conduct of their minor children.
False
To recapture a chattel, the privilege must be asserted within 24 hours from the person's property was taken (When the dispossession occurred).
False
Tortious interference with a business relationship requires that there be a valid, enforceable contract about which the defendant knows
False
Trespass to chattels is a more serious interference with the plaintiff's right to use or possession of property than conversion.
False
Under the doctrine of respondeat superior, an employee can be held liable for the wrongful conduct of its employer so long as an employment relationship exists.
False
Unreasonable interference with another's interest in the private use and enjoyment of his land is a public nuisance
False
Vicarious liability means a person is not liable, in tort, for harm he causes if someone else is also liable for the harm.
False
a private citizen cannot commit the tour of false arrests because private insists cannot arrest people.
False
battery is a purposeful act that causes an apprehension of a harmful or offensive contact.
False
tort law is part of the criminal law system, not the civil law system.
False
Conversion is a more serious interference with a plaintiff's rights to use or possession of property than trespass to chattels.
True
Deadly force may be used in self-defense if that amount of force is reasonable under the circumstances.
True
False arrest is an intentional Tor against the person.
True
False arrests and intentional Tor against a person.
True
For the privilege of discipline to apply to conduct used to control a child, the force and confinement used must be reasonable under the circumstances.
True
For the privilege of discipline to apply to conduct used to control a child, the force or confinement use must be reasonable under the circumstances.
True
For consent to be valid, it must be given.
Voluntarily and knowingly
joint and several liability means?
a plaintiff may sue all of the responsible parties, jointly, or any one or more of them, separately.
In a civil case, the result that is sough is
a remedy
tort liability in post without regard to fault or blameworthiness.
strict liability
Gil and Jake, acting together in negligently installing a chandelier, cause Mary harm when the chandelier falls from the ceiling and lands on Mary. Gil and Jake are?
Joint tortfeasor's
a reasonable belief by the court that the defendant's actions were justified and there would be unfair to hold the person liable for his actions.
Justification
While ordering dinner at Pan Soup and Bread company, Justine feels a tug at her purse. Looking down, Justine sees a man pulling her wallet out of her purse. She smacks the man across the head with her open fist. The man drops Justine's wallets and run away. Which of the following statements is true?
Justine's actions were privileged defense of property
what is at issue in a civil, as opposed to a criminal, case?
Liability
Vicarious liability means.
Liability of one person for the wrongful conduct of another person
A frolic and detour occur when an employee deviates from or abandons the employer's business interests and acts in furtherance of her own personal interest.
true
A joint tortfeasor is a person who acts with other persons in causing a tortuous wrong.
true
Holding a person firmly by the arms and not letting him walk away can constitute confinement for the tour of false imprisonment.
true
The prima facie tort doctrine covers intentional misconduct that does not fir the essential elements of the recognized intentional torts
true
Which of the following is not a requirement for the tort of tortious interference with a business relationship?
That there be a valid, enforceable contract about which the defendant knows.
A case brief is a mechanism for summarizing, in written form, a court case.
True
A frolic and detour occurs when an employee deviates from or abandons the employer's business interests and acts in furtherance of her own personal interests.
True
Conversion is a more serious interference with a plaintiff's right to use or possession of property than trespass to chattels
True
The use of civil or criminal proceedings for an improper purpose or foreign ulterior motive.
Abusive process
Peter loans his car to his best friend, Jean. Jean, texting while driving, negligently side wipes the car in the lane next to hers. Peter can be held liable for jeans negligence under.
An automobile consent statue
A purposeful act that causes an apprehension of a harmful or offensive contact.
Assault
Automobile consent statutes
Automobiles liable for the negligence of persons to whom they end trust their automobiles.
Daisy uses a stranger's car, without permission, to rush her son to the hospital in a medical emergency. Which of the following statements is true?
Daisy's conduct may be privileged, as a necessity.
Which of the following is a remedy at law (as opposed to a remedy in equity)?
Damages
A legal reason why a claim should be denied or reduced.
Defense
the privilege to use reasonable force and confinement to control, train, or educated child.
Discipline
Desire to bring about the consequences of the act or knowledge with substantial certainty that the consequences will flow from the act defones the element of?
Intent
The desire to bring about the consequences of the act or knowledge was substantial certainly that the consequences will flow from the act.
Intent
The desire to bring about the consequences of the act or knowledge with substantial certainty that the consequences will flow from the act defines the element of.
Intent
Those thoughts in which the tortfeasor either desire to bring about the result or new with substantial certainty that there is salt would follow from the persons actions or failure to act.
Intentional
The intentional making of a material false statement, or the failure to disclose when a duty to disclose exists, which causes the plaintiff a pecuniary loss.
Misrepresentation or fraud
Molly punches Todd in the face because she does not like him. Sarah, Todd's girlfriend, faints when she observes the attack and sees Todd injured. Who is a Tortfeasor?
Molly
the privilege to make reasonable use of another's property in order to prevent immediate harm or damage to persons or property.
Necessity
the failure to use reasonable care, resulting in harm to a person or to her property.
Negligence
Brody (illegally) operates a House of prostitution. His neighbor, Smith, can sue Brody using what tort theory?
Nuisance
Persons can be held liable for using their property in a manner that unreasonably interferes with other persons' use and enjoyment of their property. This liability arises what tort theory?
Nuisance
Unreasonable interference with another's interests in the private use and enjoyment of land.
Private nuisance
Changing the rules and applications of tort law to reverse the upward trend in compensation being awarded by juries today, particularly in a person injury cases.
Tort reform
Harm cause intentionally to a plaintiff's contractual or other business relationships.
Tortious Interference
intentional dispossession or intermeddling by the defendant with the plaintiff's right to use or possession of personal property.
Trespass to chattels
Necessity is the privilege to make reasonable use of another's property in order to prevent immediate harm or damage to persons or their property.
True
The family purpose doctrine allows a plaintiff to sue the owner of an automobile when it is driven, with the owner's consent, by an immediate family member for a family related purpose.
True
The intent to commit or against one person may be transferred to another person under the doctrine of transferred intent.
True
The role of a paralegal who works in the field of tort law is to provide litigation assistance to the supervising attorney.
True
The usual remedy for a successful intentional tort claim is damages.
True
Tortuous interference is harm that is intentionally caused to a plaintiffs contractual or other business relationships.
True
a joint tortfeasor is a person who acts with the other person and causing tortious wrong.
True
another name for a common law is case law.
True
Perfect Pizza Company employs Harold as a pizza delivery person. Texting while driving, Harold runs over Bob, a pedestrian walking through a crosswalk. Bob wants to sue someone for his injuries. Can Bob so perfect pizza company?
Yes, because Perfect Pizza Company can be held liable for Herold's tortuous acts.
The use of civil or criminal proceedings for an improper purpose or for an ulterior motive is called.
abuse of power
Pamela threatens to report her ex-boyfriend Stevens tax fraud unless Steven agrees to allow Pamela to keep the house they shared. What tort has Pamela committed?
abuse of process
In the question above, who can Mary Sue?
all of the above
The process of reading, analyzing and summarizing court cases.
case brief
Judge-made law created by the courts and found in court opinions.
common law
the writer will person to use reasonable force to prevent an immediate harmful or offensive contact by another against someone other than himself.
defense of others
the writer will person to use reasonable force to prevent immediate interference with his property or to end interference already occurring.
defense of property
Judge James, an appellate judge reviewing a tort case, disagrees with the majority of the court's opinion. Judge James should write a
dissenting opinion
The component parts of a cause of action that must be established by the person bring the lawsuit.
essenial elements
Conversion requires the intent to?
exercise dominion or control.
The unprivileged arrest of an individual
false arrest
Polly a paralegal, was asked by her supervising attorney to find the law in their jurisdiction on whether contributory negligence is a valid defense. Recognizing this as an issue involving tort law, where is Polly most likely to fin this law?
in a reporter because it is a case law
Deadly force may not be used.
in defense of property
To which of the following intentional torts doesn't doctrine of transferred intent not apply?
intentional infliction of emotional distress
the tort of outrage is also called the tort of.
intentional infliction of emotional distress
Trespass to land requires the tent to
intrude on the property of another
Initiation of a criminal prosecution or a civil lawsuit against another party with malice and without probable cause.
malicious prosecution
The formal, usually lengthy, analysis, decision, and reasons of the court in ruling on a case.
opinion
All property that is not real property.
personal property
Land and anything permanently attached to land.
real property
the limited right to use reasonable force to regain possession and control over one's personal property.
recapture of chattels
the limited right to use reasonable force to re-enter and reclaim real property when the plaintiff has wrongfully dispossessed the defendant.
reentry onto land
the right of a person to use reasonable force to prevent an immediate harmful or offensive contact by another against himself.
self defense
Intentional and lawful entry onto or interference with the land of another, without permission.
trespass to land
Peter loaned his car to his son, Melvin, so Melvin could drive to school. On the way to school, Melvin negligently ran into Julie's court, causing her injury and damaging her vehicle. Peter can be held liable for Melvin's negligence under
the family purpose doctrine
Peter loaned his court to a son, Melbourne, so Melvin could drive to school. On the way to school, Melvin negligently ran into Julie's car, causing her injury and damaging her vehicle. Peter can be held liable for Melvin's negligence under.
the family purpose doctrine
Recognized in a few states to cover certain wrongful conduct that is intentional but does not fit the essential elements of the other recognized intentional torts.
the prima facie tort doctrine
What is the important factor that distinguishes conversion from trespass to chattels?
the seriousness of the interference
A civil wrong other than a breach of contract.
tort
A person who commits a tort.
tortfeasor
a person who commits a tort is called a.
tortfeasor
