Torts Ch. 10 - 15 Neglignece

Medical battery is not a legally recognized tort. True or False?

False

Acting with the knowledge that harm will probably result; voluntary and deliberate; malicious

Wanton

Knowing and voluntary acceptance of the risk of being harmed by someone's negligence

assumption of risk

Knowing and voluntary acceptance of the risk of being harmed by someone's negligence.

assumption of risk

A __________ of duty occurs when unreasonable conduct endangers someone to whom you owe a duty of care.

breach

unreasonable conduct endangering someone to whom you owe a duty of care

breach of duty

Used to determine if the event have happened without the act or omission of the party?

but -for test

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

but-for

Comparing the negligence of the defendant and the plaintiff and reducing the award by the percentage of the plaintiffs own negligence

comparative negligence

Failure of plaintiffs to take reasonable precautions for their safety, helping to cause their own injury or loss

comparative negligence

Looking at the percentage of fault for the plaintiff and defendant in determining how much the judgment will be

comparative negligence

Monetary payments to restore an injured party to his or her position prior to the the injury.

compensatory damages

______________ 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 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

contributory negligence

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

custom and usage

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

false - being judgment proof means that, even though a judgment is obtained against a person, they have no assets in which to collect the judgment.

Wrongful conduct or inaction by a public official

malfeasance

Affirmative behavior that is unreasonable

misfeasance

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

negligence

A small award to signify a tort was committed, but when there was no real damage incurred by the plaintiff.

nominal damages

Failure to act; an omission

nonfeasance

Person who uses ordinary prudence under the circumstances to avoid injury or damage.

reasonable person

Consciously taking a risk in failing to exercise due care but without intending the consequences

reckless

consciously taking a risk in failing to exercise due care but without intending the consequences

recklessness

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

res ipsa loquitur

Mediation and arbitration are forms of

Alternate dispute resolution

A person who helps someone they are not required to help is known as a _______________. (2 words)

Good Samaritan

Doing something

affirmative behavior

A defense raising new facts that will defeat the plaintiff's claim even if the plaintiff's fact allegations are proven.

affirmative defense

A special relationship that requires a person to help if they can without endangering themselves is that between: a. innkeeper and guest b. employer and employee c. common carrier and passenger d. all of the above

d. all of the above

actual injury or other loss

damages

An individual, business, or other organization with resources to pay a potential judgment

deep pockets

The response of a party to a claim setting forth the reasons the claim should be denied

defense

an obligation to conform to a standard of conduct

duty

A gratuitous undertaking is doing something you are required to do. True or False?

false

Punitive damages are awarded in ordinary negligence cases. True or False?

false

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

false

The "reasonable" person is a "perfect" person. True or False?

false

There is no difference between gross negligence and ordinary negligence. True or False?

false

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

false -general causation determines whether a substances has the potential of causing harm to the general population.

an error or defect in someone's judgment or conduct to which blame cam be attached

fault

This type of relationship is based on trust and loyalty

fiduciary

The ________________ plaintiff is someone whose presence is in the zone of danger and it should be obvious to the defendant that certain actions could cause him/her harm.

foreseeable

Damages that are assumed to have resulted from the tort; no need to request them.

general damages

The failure to use even a small amount of care to avoid foreseeable harm

gross negligence

the failure to use even a small amoutn of care

gross negligence

Conduct that doesn't even use the smallest amount of care to avoid foreseeable harm

gross negligene

Damages that cover the victim's loss of pleasure or enjoyment of life.

hedonic damages

___________ 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

An _____________ cause is a new and independent force that produces harm after the defendant's act or omission.

intervening

Legally responsible together and individually

joint and severeral liability

Defendant had the final opportunity to avoid the accident

last clear chance

Plaintiffs who have been contributory 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

last clear chance

Measuring something by comparing what a person knew, felt, or did to what a "reasonable person" would have knew, felt, or done.

objective standard

Conduct that is unreasonable but not gross or reckless

ordinary negligence

Conduct that is unreasonable but not gross or reckless.

ordinary negligence

conduct that is unreasonable but not gross or reckless

ordinary negligence

Physical discomfort or emotional distress.

pain and suffering

Standard of proof for most torts that determines the facts are more than likely to have happened as alleged

preponderance of evidence

The standard of proof for most tort cases is:

preponderance of the evidence

Legal services provided with low or no cost to the client.

pro-bono

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

proximate cause

a cause that is legally sufficient to impose liability for the results of one's wrongful act

proximate cause

Damages awarded to punish the defendant and act as an example to others.

punitive damages

Damages that must be specifically requested in the complaint.

special damages

Measuring something solely by what one person knew, felt, or did

subjective standard

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

substantial factor

Used to determine if the party had a significant or important role in bringing about the event.

substantial factor test

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

true

Joint tortfeasors are person who contribute to the commission of a single tort. True or False?

true

Negligence because of a violation of a statute is called "negligence per se". True or False?

true

Negligence is a tort category unto itself. True or False?

true

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

true

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

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 or False?

true

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