Ch 7. Civil Liability Issues

Question 1

Implied consent for medical treatment does not go beyond treatment necessary to protect ___. (170)

Answer 1

life and limb

Question 2

____ involves a false representation of a material fact, intended to deceive the recipient, which actually does deceive the recipient, resulting in damages to that person. (188)

Answer 2

Misrepresentation or fraud

Question 3

slander vs. libel (191)

Answer 3

slander: defamation that is oral
libel: defamation that is written

Question 4

____ is a tort where someone, through extreme and outrageous behavior, intentionally or recklessly causes severe emotional distress to another. (180)

Answer 4

Intentional Infliction of Severe Emotional Distress
(it must be outrageous and extreme beyond all bounds of decency like spreading a rumor that a person’s son had committed suicide)

Question 5

____ is the intentional stopping of medical care without legal excuse or justification.
Occurs when a medical provider who has assumed care and control of a patient in need of medical attention either stops providing care leaving the patient unattended or leaves the patient under the care of someone with lesser qualifications. (176)

Answer 5

Abandonment

Question 6

The term ___ is a general term for a civil wrong. (166)

Answer 6

tort

Question 7

The tort of ___ is an intentional, unpermitted contact with another person. (166)

Answer 7

battery

Question 8

A violation of ____, damages can be presumed, so that even when there are no actual monetary damages, a jury can award damages. (167)

Answer 8

a person’s dignity

Question 9

For consent to touch or treat someone to be valid, it must be ___ and ___. (168)

Answer 9

informed and voluntary

Question 10

____ refers to the fact that for consent to be valid, a person must understand what is being consented to. (169)

Answer 10

Informed consent

Question 11

The tort of trespass to land occurs when someone _4__. (187)

Answer 11

1) unlawfully enters the land of another
2) causes some object, substance, or third person to enter the land of another
3) unlawfully remains on the land
4) fails to remove something that they are under legal duty to remove from the land.

Question 12

____, involves some sort of intentional interference or damage to the personal property of another. (188)

Answer 12

Trespass to chattels, more commonly known today as trespass to personal property

Question 13

The general rule with slander is that the victim must prove ____ in order for the case to be actionable. (191)

Answer 13

an actual monetary loss

Question 14

Categories of slander that are considered to be more serious than others where damages will be presumed without the need to show a monetary loss. (191)

Answer 14

slander per se

1) committed a crime
2) has venereal disease or other communicable disease
3) is unfit for their business
4) has committed serious sexual misconduct

Question 15

Defamation of public figures can be defamed only when ____. (195)

Answer 15

the defamer acts with actual malice

Question 16

4 distinct torts that fall under the umbrella of invasion of privacy: (195)

Answer 16

1) Unreasonable intrusion on the seclusion of another
2) Appropriation of another’s name or likeness
3) Unreasonable publicity given to another’s private life
4) Publicly placing another in a false light

Question 17

Those with ____ cannot be held liable for defamation under any circumstances. (192)

Answer 17

absolute powers

ex. legislators while in session; judges, attorneys, witnesses, jurors in court; The president and his cabinet members

Question 18

The tort of ____ applies to personal property that someone has intentionally, and without legal justification, taken away.

Answer 18

conversion

Question 19

That body of law that addresses the rights between private individuals. (166)

Answer 19

Civil law

Question 20

The burden of proof in civil actions is the ___. (166)

Answer 20

fair preponderance of the evidence, or the more likely than not standard

Question 21

An act committed by one or more parties that causes injury to another for which the law allows a remedy of monetary damages. (166)

Answer 21

A tort

Question 22

3 categories of torts: (166)

Answer 22

1) intentional torts
2) Negligence
3) Strict liability

Question 23

[regarding battery], the focus is on whether the person intended to ____, not whether they intended ____. (167)

Answer 23

make contact; the end result

Question 24

Where there are 2 parents who each have legal custody and one consents while the other refuses, courts hold that ___. (173)

Answer 24

the consent of the willing parent is adequate enough

Question 25

To be valid, consent must be free from ___ or ___. (174)

Answer 25

duress or fraud

Question 26

___ is intentionally placing another in apprehension of imminent bodily contact or an attempted battery that is not successful. (177)

Answer 26

Assault

Question 27

___ occurs when a person without lawful right intentionally restrains the free movement of another against that person’s will. (177)

Answer 27

False imprisonment (The victim need only be restrained momentarily for the tort to be committed.)

Question 28

A cause of action for trespass exists only if the trespasser is __3__. (187)

Answer 28

1) warned
2) asked to leave and refuses
or
3) causes damage (no warning necessary)

Question 29

For an action of conversion, the perpetrator must have intended to ___. (188)

Answer 29

permanently deprive the owner

Question 30

The key factors in fraud cases are __3__. (188)

Answer 30

1) that the perpetrator knew what he was saying was false
2) that he intended to deceive the victim
3) that the victim’s reliance on the deception was reasonable

Question 31

___ involves the intentional failure to comply with the terms of a contract. (188)

Answer 31

Bad faith

Question 32

Implied in every contract is ___. (188)

Answer 32

a duty of good faith and fair dealing upon both parties

Question 33

___ is a tort that involves damage to a person’s reputation through false, harmful, and unprivileged statements made to others. (191)

Answer 33

Defamation

Question 34

For defamation to be actionable, it must be ___. (191)

Answer 34

published

Question 35

[For defamation] to be considered published, all that is required is that the perpetrator ___. (191)

Answer 35

tells another person (any communication to a third party constitutes publication)

Question 36

[With regards to defamation of a public figure], ____ means that the speaker or writer either knew that what he was saying was false when he said it, or spoke with reckless disregard of whether it was true or false. (195)

Answer 36

actual malice

Question 37

____ provide a mechanism for someone who has been injured or harmed by the intentional conduct of another to seek private vindication of his rights, and recover damages to make himself whole again. (196)

Answer 37

Intentional torts

Question 38

6 torts considered to be violations of a person’s dignity

Answer 38

1) battery
2) assault
3) false imprisonment
4) slander per se
5) libel
6) invasion of privacy