Ch. 10 BAST

Crime

the public prosecutor seeks a remedy (usually punishment) for a public wrong, that is, a wrong against society *public

Assault

the threat of physical injury

Intentional torts

torts that require proof of intentional wrongful conduct

42 U.S.C. 1983

*created/redefined tort actions -congress provided this legislation for private actions to be brought against state officials who wrongfully deprive individuals of their civil right (Civil rights act of 1871)

Defenses

1. consent to the contact 2. privilege

Elements of negligence

1. duty (standard of care) 2. breach of the duty (conduct falling below the standard of care) 3. causation (the breach must be the cause of the injury) 4. injury

____ is used to created an inference of negligence, specifically a failure of due care, where it would appear that the injury would not have occurred without it.

Res ipsa loquitur

Contributory negligence

a complete defense for a suit for negligence in states applying this principle.

The most common arrangement for attorney's fees in personal injury suits is:

a contingency fee

Contract

a party to an agreement sues another party who breached the agreement

Strict liability

a principle largely applied to product liability, which creates liability without proof of fault

Under ___ theory, parties engaged in dangerous activities such as the use of explosives are liable regardless of fault.

absolute liability

Defamation

an injury to reputation *slander and libel

Battery

an unconsented, unprivileged, offensive contact

The threat of physical injury gives rise to a suit for:

assault

Under ____, fault is apportioned; where the plaintiff is negligent as well as the defendant, the plaintiff's award is reduced by the plaintiff's percentage of fault.

comparative negligence

The doctrine under which liability is apportioned among various companies according to their market share of a product is:

enterprise liability

Implied warranty theory

holds sellers responsible for the fitness for use of the products they sell

When Georgia created the crime of stalking,

it did not automatically create the tort of stalking by implication.

Rights and duties in tort, as opposed to contract are established by:

law

Doctrine of Respondeat superior

places liability on the employer for injuries caused by an employee within the scope of employment

Basic purpose of insurance is to:

pool risk

Tort

private wrongs not arising out of contract ex: the victim sues in his/her own right for compensation for an injury to person or property *private

With intentional torts, ___ damages are sometimes awarded in addition to compensatory damages.

punitive

Intentional infliction of mental distress

requires unreasonable or outrageous conduct and serious mental distress

Under the doctrine of ___, an employer will be liable for the negligence of an employee committed while the employee is acting in the scope of his employment.

respondeat superior

Malpractice

when a professional is sued for negligence