1/28 (Class 6)

Question 1

A(n) ___ is a violation of a person’s legal rights, or a failure to perform a legal duty owed to a certain person or to society as a whole.

Answer 1

Legal Wrong

Question 2

Name the three main types of legal wrongs.

Answer 2

• Crime
• Breach of contract
• Tort

Question 3

A(n) ___ is a legal wrong for which the court allows a remedy in the form of money damages.

Answer 3

Tort

Question 4

The person who’s injured (___) by the action of another (___) can sue for damages.

Answer 4

Plaintiff; tortfeaser

Question 5

Name the three main categories that a tort falls under.

Answer 5

• Intentional
• Strict liability
• Negligence

Question 6

___ means that a liability is imposed regardless of negligence or fault.

Answer 6

Strict liability

Question 7

A(n) ___ is a law that has evolved as a result of previous court cases.

Answer 7

Common Law

Question 8

___ are laws that have been passed by the legislative body.

Answer 8

Statutory Laws

Question 9

A(n) ___ is a tort that is committed with general or specific intent.

Ex: Battery, false imprisonment, trespassing, fraud, libel, slander, copyright infringement

Answer 9

Intentional Tort

Question 10

A(n) ___ is a liability that doesn’t depend on actual negligence but is based on the breach of an absolute duty to make something safe.

Ex: Crop spraying by airplanes, owning of wild/dangerous animal(s), blasting operations that injure another person, occupational injury/disease of workers.

Answer 10

Strict Liability

Question 11

___ is the failure to exercise the standard of care that’s required by law to protect others from an unreasonable risk of harm.

Answer 11

Negligence

Question 12

Name the four elements on negligence.

Answer 12

• Existence of a legal duty to use reasonable care
• Failure to perform that duty
• Damage/injury to the claimant
• A proximate cause relationship between the negligent act and the infliction of damages, which requires an unbroken chain of events

Question 13

___ damages compensate victims for the losses that are actually incurred.

Answer 13

Compensatory damages

Question 14

Name the two types of compensatory damages.

Answer 14

• Special Damages
• General Damages

Question 15

___ provide compensation for medical expenses.

Ex: Lost work earnings, medical bills, property repair costs

Answer 15

Special damages

Question 16

___ provide compensation for pain and sufferring.

Ex: loss of a companion, disfigurement, pain and sufferring

Answer 16

General damages

Question 17

___ are designed to punish people and organizations so that others are deterred from committing the same wrongful act.

Answer 17

Punitive damages

Question 18

Under a(n) ___, the injured person cannot collect damages if his/her care falls below the standard of care required for his/her protection.

Answer 18

Contributory Negligence Act

Question 19

Under a(n) ___, the financial burden of the injury is shared by both parties according to their respective degrees of fault.

Answer 19

Comparative negligence law

Question 20

Name the three main comparative negligence laws.

Answer 20

• Pure Rule
• 50 percent rule
• 51 percent rule

Question 21

Under the ___, you can collect damages even if you are negligent, but your reward is reduced in proportion to your fault.

Answer 21

Pure rule

Question 22

Under the ___, you cannot recover damages if you are at least 50 percent at fault.

Answer 22

50 percent rule

Question 23

Under the ___, you cannot recover damages if you are at least 51 percent at fault.

Answer 23

51 percent rule

Question 24

The ___ states that a plaintiff who was endangered by his/her own negligence can still recover damages from the defendant if the defendant had a last clear chance to avoid an accident but didn’t

Answer 24

Last Clear Chance rule

Question 25

Under a(n) \_\_\_, a motorist's negligence is imputed to the vehicle's owner.

Answer 25

Vicarious Liability Law

Question 26

Under the \_\_\_, the owner of an automobile can be held liable for negligent acts committed by family members.

Answer 26

Family purpose doctrine

Question 27

Under a(n) \_\_\_, a business that sells liquor can be held liable for damages that may result from the sale of liquor.

Answer 27

Dram shop law

Question 28

Name the three requirements for the "Res Ipsa Loquitur" law to be valid.

Answer 28

* The event doesn't normally occur in the absence of negligence * The defendant has exclusive control over the instrumentality causing the accident * The injured party has not contributed to the accident in any way

Question 29

A(n) ___ is a person who enters or remains on the owner's property without the owner's consent.

Answer 29

Trespasser

Question 30

The duty to refrain from injuring a trespasser is called \_\_\_.

Answer 30

Duty of slight care

Question 31

A(n) ___ is a person who enters the premises with the occupant's expressed or implied permission.

Answer 31

Licensee

Question 32

What must a property owner do when a licensee enters the property?

Answer 32

The property owner must warn the licensee of any unsafe conditions which are apparent

Question 33

A(n) ___ is a person who is invited onto the premises for the benefit of the occupant.

Answer 33

Invitee

Question 34

What must the property owner do when an invitee enters the premises?

Answer 34

The property owner has an obligation to inspect the premises and eliminate any dangerous conditions.

Question 35

A(n) ___ is a hazardous condition that can attract and injure children.

Answer 35

Attractive nuisance

Question 36

A governmental unit can be held liable if it's negligent in the performance of a(n) \_\_\_.

Answer 36

Proprietary function

Question 37

Under the \_\_\_, a person who understands and recognizes the danger inherent in a particular activity cannot recover damages in the event of an injury.

Answer 37

Assumption of Risk Doctrine

Question 38

Under the doctrine of \_\_\_, an employer can be held liable for the negligent acts of employees while they're acting on the employer's behalf.

Answer 38

Respondeat Superior

Question 39

Name the two conditions that must be fulfilled in order for respondeat superior to be valid.

Answer 39

* The worker must be an employee * The employee must be actin within the scope of employment when the negligent act occurred

Question 40

\_\_\_ refers to the risk that occurs when an unauthorized party gains access to an organization's data.

Answer 40

Cyberliability