15 - Tort Law, Product Liability, and Consumer Law

Question 1

procedural due process

Answer 1

the constitutional requirement that the government provide fair procedures such as notice and an opportunity to be heard whenever the government seeks to deprive someone of life, liberty, or property

Question 2

elder law

Answer 2

an area of law covering the legal problems of the elderly (such as social security, estate planning, Medicare, and age discrimination)

Question 3

non-adversarial

Answer 3

pertaining to a conflict-resolution proceeding in which all opposing parties to the conflict or dispute are not present

Question 4

on the record

Answer 4

noted or recorded in an official record of the proceeding

Question 5

battered woman syndrome

Answer 5

a woman’s psychological helplessness or paralysis because of conditions such as financial dependence, loneliness, guilt, shame, and fear of reprisal from her husband or significant other who has repeatedly subjected her to physical, sexual, and/or emotional abuse in the past

Question 6

notice

Answer 6

1 - formal notification

2 - information about a fact; knowledge of something

Question 7

confrontation

Answer 7

being present when others give evidence against you and having the opportunity to question them

Question 8

intentional tort

Answer 8

a wrongful act knowingly committed

Question 9

tortfeasor

Answer 9

one who commits a tort

Question 10

battery

Answer 10

the intentional and offensive touching of another without lawful justification

Question 11

assault

Answer 11

any word or action intended to make another person apprehensive or fearful of immediate physical harm; a reasonably believable threat

Question 12

false imprisonment

Answer 12

the intentional confinement or restraint of a person against their will

Question 13

intentional infliction of emotional distress

Answer 13

intentional, extreme, and outrageous conduct resulting in severe emotional distress to another

Question 14

actionable

Answer 14

capable of serving as the basis of a lawsuit

Question 15

defamation

Answer 15

anything published or publicly spoken that causes injury to another’s name, reputation, or character

Question 16

slander

Answer 16

defamation in oral form

Question 17

libel

Answer 17

defamation in writing or other public forms (such as videotape)

Question 18

actual malice

Answer 18

real and demonstrated evil intent

Question 19

appropriation

Answer 19

in tort law, the use by one person of another person’s name, likeness, or other identifying characteristics without permission and for the benefit of the user

Question 20

fraudulent misrepresentation

Answer 20

any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to their detriment

Question 21

business tort

Answer 21

wrongful interference with another’s business rights

Question 22

predatory behavior

Answer 22

business behavior that is undertaken with the intention of unlawfully driving competitors out of the market

Question 23

trespass to land

Answer 23

the entry onto, above, or below the surface of land owned by another without the owner’s permission

Question 24

trespass to personal property

Answer 24

the unlawful taking or harming of another’s personal property; interference with another’s right to the exclusive possession of their personal property

Question 25

duty of care

Answer 25

the duty of all persons, as established by tort law, to exercise reasonable care in dealings with others

Question 26

reasonable person standard

Answer 26

the standard of behavior expected of a hypothetical "reasonable person" ; the standard against which negligence is measured and that must be observed to avoid liability for negligence

Question 27

business invitee

Answer 27

a person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes

Question 28

compensatory damages

Answer 28

a money award equivalent to the actual value of injuries or damages sustained by the aggrieved party

Question 29

punitive damages

Answer 29

money damages awarded to a plaintiff to punish the defendant and deter future similar conduct

Question 30

causation in fact

Answer 30

causation brought about by an act or omission without which an event would not have occurred

Question 31

proximate cause

Answer 31

legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability

Question 32

assumption of risk

Answer 32

voluntarily taking on a known risk; a defense against negligence that can be used when the plaintiff has knowledge of and appreciates a danger and voluntarily exposes themselves to the danger

Question 33

contributory negligence

Answer 33

a theory in tort law under which a complaining party's own negligence contributed to their injuries

Question 34

comparative negligence

Answer 34

a theory in tort law under which the liability for injuries resulting from negligent acts is shared by all persons who were guilty of negligence (including the injured party) on the basis of each person's proportionate carelessness

Question 35

negligence per se

Answer 35

an action or failure to act in violation of a statutory requirement

Question 36

Good Samaritan statute

Answer 36

a state statute stipulating that persons who provide emergency services to others in peril - unless they do so recklessly, thus causing further harm - cannot be sued for negligence

Question 37

dram shop act

Answer 37

a state statute that imposes liability on the owners of bars, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication

Question 38

cyber tort

Answer 38

a tort committed by use of the internet

Question 39

strict liability

Answer 39

liability regardless of fault

Question 40

product liability

Answer 40

the legal liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by the goods

Question 41

unreasonably dangerous product

Answer 41

a product that is defective to the point of threatening a consumer's health and safety

Question 42

consumer

Answer 42

a person who buys products and services for personal or household use

Question 43

consumer law

Answer 43

statutes, agency rules, and judicial decisions protecting consumers of goods and services

Question 44

deception

Answer 44

in consumer law, a material misrepresentation or omission in information that is likely to mislead a reasonable consumer to their detriment

Question 45

deceptive advertisement

Answer 45

advertising that misleads consumers either by unjustified claims concerning a product's performance or by failure to disclose relevant information concerning the product's composition or performance

Question 46

cease-and-desist order

Answer 46

an administrative or judicial order prohibiting a person or business firm from conducting activities that an agency or court has deemed illegal

Question 47

garnishment

Answer 47

a proceeding in which a creditor legally seizes a portion of a debtor's property (such as wages) that is in the possession of a third party (such as an employer)