Tort Law

Doing something Wrongful conduct or inaction by a public official Affirmative behavior that is unreasonable Failure to act; an omission

- Affirmative behavior - Malfeasance - Misfeasance - Nonfeasance

Knowing and voluntary acceptance of the irsk of being haqrmed by someone's negligence. A defense raising new facts that will defeat the plaintiff's claim even if the plaintiff's fact allegations are proven. The response of a party to a claim setting forth the reasons the claim should be denied Conduct that is unreasonable but not gross or reckless Plaintiffs who have been contributorily negligent can still recover if a negligent defendant had the last opportunity to void the accident and failed to exercise reasonable care to do so Standard of proof for most torts that determines the facts are more than likely to have happened as alleged Comparing the negligence of the defendant and the plaintiff and reducing the award by the percentage of the plaintiffs own negligence Consciously taking a risk in failing to exercise due care but without intending the consequences The theory that if the plaintiff was in any degree responsible for the act that caused the injury, the defendant didn't have to pay anything in damages The failure to use even a small amount of care to avoid foreseeable harm.

- Assumption of the risk - Affirmative defense - Defense - Ordinary negligence - Last Clear Chance - Preponderance of the evidence - Comparative negligence - Reckless - Contributory negligence - Gross negligence

Used to determine if the event have happened without the act or omission of the party? Used to determine if the party had a significant or importnat role in bringing about the event. Conduct that is unreasonable but not gross or reckless. Conduct that doesn't even use the smallest amount of care to avoid foreseeable harm Acting with the knowlege that harm will probably result; voluntary and deliberate; malicious Legally responsible together and individually Person who uses ordinary prudence under the circumstances to avoid injury or damage. Measuring something solely by what one person knew, felt, or did Measuring something by comparing what a person knew, felt, or did to what a "reasonable person" would have knew, felt, or done. An individual, business, or other organization with resources to pay a potential judgment

- But-for test - Substantial factor test - Ordinary negligence - Gross Negligence - Wanton - joint and several liability - Reasonable person - Subjective standard - Objective standard - deep pockets

an obligation to conform to a standard of conduct the failure to use even a small amoutn of care an error or defect in someone's judgment or conduct to which blame cam be attached actual injury or other loss unreasonable conduct endangering someone to whom you owe a duty of care conduct that is unreasonable but not gross or reckless a cause that is legally sufficient to impose liabilitiy for the results of one's wrongful act consciously taking a risk in failing to exercise due care but without intending the consequences

- Duty - Gross Negligence - Fault - Damages - Breach of duty - Ordinary Negligence - Proximate cause - Recklessness

A small award to signify a tort was committed, but when there was no real damage incurred by the plaintiff. Physical discomfort or emotional distress. Damages that cover the victim's loss of pleasure or enjoyment of life. Monetary payments to restore an injured party to his or her position prior to the the injury. Damages that must be specifically requested in the complaint. Legal services provided with low or no cost to the client. Damages that are assumed to have resulted from the tort; no need to request them. Damages awarded to punish the defendant and act as an example to others.

- Nominal damages - pain and suffering - Hedonic damages - Compensatory damages - Special damages - Pro bono - General damages - Punitive damages

________________ is taking physical control of a chattel but without exercising dominion over it.

Dispossession

"Intent" is a key element when looking at strict liability.

False

A gratuitous undertaking is doing something you are required to do.

False

A plaintiff must prove motive to injury when suing for battery.

False

A tort is a criminal wrong that causes injury or other loss.

False

Conduct that is unpleasant or wrongful is enough to prove intentional infliction of emotional distress.

False

Flying airplanes are still considered today to be an abnormally dangerous activity.

False

General causation addresses whether a toxic substance caused injury or condition in a specific plaintiff.

False

If John jerks Mary's necklace off, but manages not to touch her person, Mary will not have a tort action against John.

False

If Mary hits John while she's having an epileptic seizure, John can sue Mary for civil battery.

False

If Mary throws a rock at John but misses and hits Mike, Mike doesn't have a cause of action against Mary because she did not intend on hitting Mike.

False

If a person is considered to be "judgment proof", it means that a judgment cannot be obtained against him/her for the amount owed.

False

It is not possible for a tort to also be a crime.

False

Punitive damages are awarded in ordinary negligence cases.

False

Satisfaction is giving up the right to a claim; while release is the fulfillment of an obligation.

False

Strict liability is an intentional tort.

False

The "reasonable" person is a "perfect" person.

False

The law that governs wrongdoings alleged by the government is civil law.

False

The plaintiff does not have to prove the defendant knew the activity he was engaged in was abnormally dangerous.

False

The term "respodeat superior" refers to the order of priority a request with the court will get.

False

The tort of civil assault requires actual contact.

False

The transferred-intent rule applies to intentional infliction of emotional distress claims.

False

The transferred-intent rule does not apply in false imprisonment claims.

False

There is no difference between gross negligence and ordinary negligence.

False

There is no significant difference between an intentional tort and negligence.

False

There is no substantial difference between conversion and trespass to chattels.

False

Tort law can be divided into four major categories.

False

Tort law includes breaches of contracts.

False

When looking at the tort of malicious prosecution, malice means hatred or ill will.

False

Civil battery is

Harmful or offensive contact with a person

While horse-playing around at a party, Jim falls into Jane and causes her to break her arm. Using the but-for test, who could be liable for the injuries?

Jim - "but for" his actions, Jane would not have fallen

Carelessly causing someone to suffer emotional distress is known as:

NIED

"Mistake" is not a defense to the tort of conversion or trespass to chattels.

True

A defendant who knew the plaintiff had a propensity of being unreasonably sensitive but proceeded with the act anyway, can not use the "reasonable person" standard to determine if an assault was committed.

True

A superseding cause is an intervening cause of harm this is highly extraordinary and could not have been foreseeable.

True

Abuse of process can be compared to bribery.

True

Any unwanted touching can be considered a battery.

True

Civil law governs the rights and duties between private individuals.

True

Consent is a complete defense if the plaintiff knew what they were consenting to and had the legal capacity to consent.

True

For the tort of False Imprisonment, confinement of any kind must be complete or total.

True

Foreseeability deals with that which one can see or know beforehand.

True

In most states, an owner of a wild animal will be held liable for any damage the animal does, despite the efforts taken by the owner to avoid such damage.

True

It is possible to carry out an abnormally dangerous activity on property that the actor doesn't own.

True

Joint tortfeasors are person who contribute to the commission of a single tort.

True

Knowledge with substantial certainty means a high degree of expectation of what a result will be.

True

Negligence because of a violation of a statute is called "negligence per se".

True

Negligence is a tort category unto itself.

True

One element of malicious prosecution is that the accuser instigates civil proceedings without probable cause.

True

The area within which injury or other loss to the plaintiff is foreseeable is known as the "zone of danger".

True

The cause of action in a lawsuit is the legally acceptable reason for bringing the suit.

True

The courts are split on whether plaintiffs must know that they are being confined.

True

The plaintiff does not have to be conscious at the time of the battery for the suit to be brought against the defendant.

True

Trespass to chattels is an intentional tort.

True

Under the strict liability tort category, a wrongdoer will be liable even if he/she took reasonable care to ensure there would be no injuries.

True

What is considered offensive to one person may not be offensive to another person.

True

When strangers are involved, there is no duty to assist someone simply because it is possible for you to give assistance without harming yourself.

True

While conversion of electronic data is a new aspect of tort law, courts do agree that intangible property can be converted and the plaintiff awarded damages.

True

With strict liability, a defendant can be found liable even if he adhered to an high standard of care.

True

To have a malicious prosecution claim, the plaintiff must show that the criminal proceedings ended in favor of the:

accused

A defendant sued for strict liability can raise the defense of:

all of the above

A special relationship that requires a person to help if they can without endangering themselves is that between:

all of the above

Medical battery can be caused by:

all of the above

Which of the following "privileges" would be a defense to a battery charge?

all of the above

The place in which an incident took place can be determined by:

area analysis

If a plaintiff knows and understands the danger posed by the defendant and voluntarily proceeds to encounter it, and the plaintiff becomes injured, the defense the defendant will present will be ________________________.

assumption of risk

The ______________ test says that if the defendant had not committed this one act, the injury would not have happened.

but-for

If the defendant locks the plaintiff in a room, it is an example of what type of confinement?

confinement by physical barrier

If the defendant uses physical force to detain the plaintiff's child, he could be found guilty of:

confinement by physical force against the plaintirff's immediate family

______________ is the right of one tortfeasor who has paid a judgment to be proportionately reimbursed by other tortfeasors who have not paid their share of the damages caused by all the tortfeasors.

contribution

The general practice in a field; what is commonly done - is known as

custom and usage

If you are assaulted by someone while they are working and have a cause of action to sue, you may choose to sue the employer because thy have:

deep pockets

Coercion or the unlawful use of force or threats to pressure someone to do something he or she does not want to do is called:

duress

This type of relationship is based on trust and loyalty.

fiduciary

The analysis of looking to past behaviors to determine if a person should have expected a specific concentrates on:

historical data

___________ is a device whereby one party who has paid the plaintiff can force another party to reimburse him or her for the full amount paid.

indemnity

Conversion is a/n _________________ tort:

intentional

Malicious prosecution falls into which of the following tort categories:

intentional

The tort of false imprisonment is a/n _____________ tort.

intentional

A tort in which a person desired to bring about the result is called a/n:

intentional tort

Civil assault falls into which tort category?

intentional tort

Civil battery falls into which tort category?

intentional tort

Battery, assault and trespass are all examples of:

intentional torts

_______________ is making physical contact with, and causing damage or harm to, a chattel without exercising dominion over it.

intermeddling

This is known as a "catchall" tort since it covers a wide variety of unreasonable actions that cause injury.

negligence

A statement by the district attorney that he or he is unwilling to prosecute an individual for the commission of a crime.

nole prosequi

The standard of proof for most tort cases is:

preponderance of the evidence

The means by which a court acquires or exercises its power or jurisdiction over a person is called:

process

The ____________ cause is the main original act that caused the injury.

proximate

A cause that is legally sufficient to impose liability for the results of one's wrongful act or omissions is called _________.

proximate cause

Evidentiary tool that relieves the plaintiff from proving the defendant's breacho of duty; means "the thing speaks for itself"

res ipsa loquitur

Abnormally dangerous activities fall into which category of tort?

strict liability

The _____________ test says that the defendant played a major role in the injuries sustained by the plaintiff.

substantial factor

The wrongdoer in a tort action is called the:

tortfeasor

If a parent is found to be liable for the torts of their children, they are found to be ______________ liable.

vicariously

The theory of negligence says that we are only liable for those injuries we ________________ cause.

wrongfully