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
