Civil Law and Procedure (Tort to Fraud)

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what are the elements of a tort

Duty (legal obligation to do or not do something), breach (violation of that duty), injury (a harm that is recognized by the law), causation (proof that the breach caused the injury)

what is Trespass to land

Entry onto a person's property without the owner's consent

what is defamation

Injuring a person's reputation (slander and libel)

what is intentional infliction of emotional distress

Intentional or reckless act by the defendant that is outrageous or extreme that causes the victim to suffer severe emotional distress

What is a tort

Private or civil wrong. An offense against an individual, person can sue. If there is no injury, there is no tort

what is battery

Shooting, pushing in anger, spitting on, etc. (assault usually precedes a battery)

what is false imprisonment

The intentional confinement of a person against the person's will and without lawful privilege

what is invasion of privacy

Uninvited intrusion into an individual's personal relationships and activities in a way likely to cause shame or mental suffering

what is Conversion

When a converter (thief) steals, destroys, or uses a person's property in a manner inconsistent with the owner's rights

what is assault

When one person intentionally puts another in reasonable fear of an offensive or harmful touching

what is Fraud

When there is an intentional or recklessly made misrepresentation of an existing important fact

who is always a converter?

a thief

Is angrily raising a clenched fist battery or assault?

battery

True or false: An actual harmful or offensive touching must be shown to prove the tort of assault

false

True or false: an innocent buyer of stolen goods cannot be liable for conversion because the buyer had no intent to keep goods from their rightful owner

false

True or false: an insane person cannot be held liable for a tort

false

true or false: a tort is considered a public wrong

false

true or false: all torts require intent to be shown

false

true or false: conspiracy is an element of most torts

false

true or false: negligence is an intentional tort

false

true or false: spoken defamation is libel

false

true or false: an intentional misrepresentation of a material fact that the victim relied on and consequently parted with a legal right or something else valuable

fraud

what are damages

monetary award intended to compensate the injured party for harm done to him or her. The purpose is to forestall the injured individual's desire to personally extract revenge.

what is the most common tort?

negligence

If you act recklessly, but no one is injured, is there a tort?

no

what is slander

spoken defamation

what is an intentional tort

the defendant possessed the intent to inflict the resultant injury (intent is required)

True of false: a person who has consented to be detained by another cannot recover for the tort of false imprisonment

true

True or false: a single act can be both a tort and a crime

true

true or false: in libel cases, you are presumed to have suffered a loss, and so damages do not have to be shown in court

true

what is vicarious liability

when one person is liable for the actionable conduct of another based solely on the relationship between the two

what is proximate cause

when your action is foreseeable

what is libel

written defamation

can a child be convicted of a tort?

yes

can the innocent buyer of stolen goods be considered a converter?

yes

is breaking the windows of a neighbor's house trespass?

yes


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