Civil Law and Procedure (Tort to Fraud)
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
