Tort Law

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

________________ 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

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

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

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

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

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

area analysis

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

confinement by physical barrier

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

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

intentional

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

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

Negligence Intent Strict Liability Violation of statute ordinance or regulation

- Defendant dumps waste they think is harmless into a stream that flows through plaintiff's land before going to see; waste is contaminated. - Defendant knows that pollutants are going out of its factory to the plaintiffs land. - Defendant is engaging in conduct that is abnormally dangerous on or around plaintiffs land. - Defendant broke a legal rule by opening a house of prostitution.

Mitigation of damages official authorization assumption of the risk contributory negligence

- Injured parties must take reasonable steps to alleviate their injury. - Special statutes that exist and give authorization for defendant to engage in certin activity that is later challenged as a nuisance. - The knowing and voluntary acceptance of the danger or risk of being harmed by someone's negligence - The failure of the plaintiff to take reasonable precautions for their protection, helping to cause their own injury or property damage.

Defendant had the final opportunity to avoid the accident Knowing and voluntary acceptance of the risk of being harmed by someone's negligence Failure of plaintiffs to take reasonable precautions for their safety, helping to cause their own injury or loss Looking at the percentage of fault for the plaintiff and defendant in determining how much the judgment will be

- Last clear chance - Assumption of the risk - Contributory negligence - Comparative negligence

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

Licensee Social guest Business guest Invitee Firefighter's rule Ordinary negligence Vendor Vendee

- Someone on the land with the express or implied permission of the occupier, but for his/her own purposes. - One who receives an invitation onto land that is not for a business reason. - Someone who is expressly or impliedly invited on land, primarily for a non-social purpose. - Someone on land with the express or implied invitation of the occupier to use the land for a purpose that is open to the public. - Cannot recover against an occupier for injuries related to the risks they are expected to assume as part of their jobs. - Conduct that is unreasonable but not gross or reckless - seller - buyer

Joinder Class action Settlement class action Global peace Opt out Diversity of citizenship

- Uniting two or more parties into a single lawsuit - A lawsuit one sues on behalf of everyone in the group - An action that the parties do not intent to litigate because they have reachec an agreement on the claims made - a final resolution of all claims that binds all parties - to choose not to participate - requirement that disputing parties are citizens of different states

Intrusion Appropriation Public disclosure of private fact false light

- wiretapping or opening someone else's mail - Pretending to be a famous person in an effort to seduce a man. - A sign placed in the defendant's window stating that the plaintiff does not pay his/her debts - Falsely claiming that the plaintiff has written a pornographic novel

Mediation and arbitration are forms of

Alternate dispute resolution

A defense that says the plaintiff knew of and voluntarily accepted the danger or risk of the product or activity, therefore, the defendant should not be held liable at all.

Assumption of the risk

A defense that assigns a percentage of fault to the plaintiff and the defendant; then the plaintiff's percentage is deducted from the overall award for damages.

Comparative negligence

A defense that, when proven, completely relinquishes responsibility of the defendant because the plaintiff contributed to at least a portion of the "fault" in the injury.

Contributory negligence

If an employee is terminated for reporting unsafe working conditions, it would be known as a ___________ discharge.

Either A or B

"Employment at will" means that an employee can terminate their own employment at any time; however, the employer can only terminate the employee under certain circumstances. [assume no union membership is involved]

False

"Puffing" is a form of relaying fact.

False

A minor can initiate a lawsuit for seduction after voluntarily having sex with someone over the age of majority.

False

A plaintiff who suffers twice the amount of similar damages as other plaintiff's because of the defendants negligence can individually file for a public nuisance.

False

A survival action can only be brought if the victim survives the tort.

False

Actual malice in defamatory law means ill will or animosity.

False

Bad faith liability is a criminal suit against an insurance company for unreasonable delay or denial in paying a claim that falls outside the policy limits.

False

Being found guilty of criminal conversation can result in minimum jail time.

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

Intent does not play a factor in an interference with a contract suit.

False

John and Bill are in a voidable contract. Steve convinces Bill to get out of the contract. John cannot sue Steve for interfering with their contact since it was voidable.

False

Medical battery is not a legally recognized tort.

False

Misrepresentation is an intentionally false statement of opinion that is material, made to induce reliance by the plaintiff, and results in harm of the reliance.

False

Our laws on defamation have not changed since the establishment of common law.

False

Pain and suffering of the victim is a damage recoverable in a wrongful death suit.

False

Parents are vicariously liable for the criminal actions of their children.

False

Parents have the right to the services and earnings of their emancipated minor children.

False

Physical entry onto land includes noise, odor, vibration and light.

False

Products liability is a tort category in itself.

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 general public has a legitimate interest in matters of private concern.

False

The label of "veggie libel" originated from defamatory statements made about Iowa corn.

False

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

False

The media receives no immunity when they publish a government report that contains defamatory statements.

False

The part of the complaint where the plaintiff alleges that the defendant's statement was "of and concerning the plaintiff' is called the inducement.

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 "interference with prospective advantage" deals with causing an economic advantage, not an interference with an existing contract.

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

There is no substantial difference between publishing a statement and publicity of a statement.

False

Tort law can be divided into four major categories.

False

Tort law includes breaches of contracts.

False

Trespass to land can be accidentally committed.

False

When Craigslist was sued for their "personals" and "adults" categories, the court determined that by offering these categories of listings, they were in fact creating a public nuisance.

False

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

False

Written defamatory statements that are actionable without proof that the plaintiff suffered special damages are called slander per se.

False

Wrongful life and wrongful birth suits are commonly filed in today's society.

False

Which famous case found that a duty of reasonable care if owed to all foreseeable users of a product, not just to those in privity, whenever it can be anticipated that harm will result if the product is defective.

MacPherson

A SLAPP suit is one that stands for:

Strategic Lawsuit Against Public Participation

A book publisher would be considered a "media defendant".

True

A landlord who retains control over certain common areas owes a duty of reasonable care to maintain those areas.

True

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

True

A warranty action is a form of strict liability.

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

Generally speaking, there is no liability for innocent falsehoods.

True

In a defamation suit, the plaintiff must prove that the statement made was reasonably understood by the recipient to be about the plaintiff.

True

In a survival action, there is no recovery for the death of the victim.

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

In some states, negligence can be the basis for a misrepresentation suit.

True

It is not a tort to induce the breach of an illegal gambling contract.

True

It is not necessary for the physical condition of the land be altered or damaged for a private nuisance to have occurred.

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

Libel per quod is any written statement that requires one to use extrinsic facts to prove the defamatory nature of hte statement.

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

Parents who win a wrongful pregnancy suit can recover medical expenses of the pregnancy and birth but not the cost of raising a healthy child.

True

The defendant can raise any defenses in a wrongful death claim as he could have had the victim lived and was suing for a general tort.

True

The person to whom a representation is made is called the representee.

True

The privilege to express an opinion is known as fair comment.

True

The transferred-intent rule applies to trespass to land.

True

There are times when no duty is owed by the landowner.

True

There is no strict liability for the services of doctors, attorneys, or other professionals.

True

Trespass to land is an intentional tort.

True

Veggie libel cases are almost always lost by the plaintiff.

True

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

True

When determining if a product is "unreasonably dangerous", the courts use the "reasonable person" standard.

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

A/n ____________ privilege is one that cannot be lost because of the bad motives of the party asserting the privilege.

absolute

The tort of causing a diminishment of the marital relationship is called:

alienation of affections

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

The interference with a contract must be by:

all of the above

To have an interest in land, one can be a/n:

all of the above

Which of the below actions is a way manufacturers can discover manufacturing defects in their product?

all of the above

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

all of the above

The unauthorized use of a person's name, likeness, or personality for t5he user's benefit is known as:

appropriation

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 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

Kate sees that Cheryl is selling her car. Because she is mad at Cheryl for getting the job she wanted, Kate spreads a rumor in their small community that Cheryl really doesn't own the title to the car. Since this is not true, Cheryl would have a _______________ suit against Kate.

disparagement

A tort in which the defendant encourages the plaintiff's spouse to leave or to stay away from the plaintiff.

enticement of a spouse

A fact, not evident on the face of a statement, that is needed to establish the defamatory meaning of the staetment, is called a/n ______________ fact.

extrinsic

Untrue and unreasonably offensive publicity about a person is known as:

false light

Malicious prosecution falls into which of the following tort categories:

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

A highly offensive invasion into another's personal seclusion or private life is called:

intrusion

If a statement is essential or important to the transaction, it is said to be:

material

A parent can be held liable for ____________ - carelessly allowing the use of a vehicle by a child who poses an unreasonable risk of harm to others./div

negligent entrustment

Unreasonable publicity concerning private facts about an individual's life that are not matters of legititmate public concern is known as:

public disclosure of private fact

An exaggeration of quality or value that one can expect from someone, particular a seller, is called:

puffing

A/n ______________ privilege is one that can be lost if it is not exercised in a reasonable manner for a proper purpose.

qualified

The term meaning "the intent to mislead or deceive" is:

scienter

Accusing the plaintiff of having an STD or of serious sexual misconduct are examples of:

slander per se

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