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LAS101 - Intro to Law > Chapter 5 - Torts - Terminology > Flashcards

Chapter 5 - Torts - Terminology Flashcards

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1
Q

the attempt or threat to inflict bodily injury upon another person

A

assault

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2
Q

a person’s voluntary exposure to known or obvious risks

A

assumption of risk

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3
Q

a condition or machine on premises that poses a danger or special peril to children because of its attractiveness to them

A

attractive nuisance

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4
Q

force of law backed by the coercive power of the state

A

authority of law

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5
Q

the unlawful use of force against another person that entails some injury or offensive touching

A

battery

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6
Q

failure to act or refrain from acting as required by law

A

breach of duty

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7
Q

a test to determine causation in negligence actions. Asks, “Would an injury have occurred if not for the defendant’s actions?”

A

“but for” test

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8
Q

“Let the buyer beware.” Common law maxim requiring the consumer to judge the quality of a product before making a purchase

A

caveat emptor

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9
Q

doctrine of law that relieves a charitable organization from liability for its acts. (declining importance in the US)

A

charitable immunity

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10
Q

a rule that allows a jury, when considering an award of damages to an injured plaintiff, to consider the sums the plaintiff will receive from sources other than the defendant. (workers comp, other insurance)

A

collateral source rule

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11
Q

doctrine of tort law that allows a plaintiff to recover damages from a defendant in a negligence action even though the plaintiff is negligent to some degree but that reduces the plaintiff’s award based on the amount of the plaintiff’s negligence

A

comparative negligence

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12
Q

amount awarded a plaintiff to compensate for injury or losses suffered

A

compensatory damages

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13
Q

voluntary yielding to the will or desire of another person

A

consent

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14
Q

the right of companionship and services that each spouse has in relation to the other spouse

A

consortium

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15
Q

knowledge of facts imputed to someone who by proper diligence should have become aware of the facts

A

constructive notice

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16
Q

a fee to be paid to an atty only in the even the atty prevails in court on behalf of the client

A

contingent fee

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17
Q

a common law rule that provides that where a plaintiff’s own negligence contributed to an injury, the plaintiff is barred from recovering damages against a defendant

A

contributory negligence

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18
Q

the unlawful assumption of the rights of ownership to someone else’s property

A

conversion

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19
Q

an instrument that has inherently dangerous characteristics

A

dangerous instrumentality

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20
Q

the degree of force that may result in the death of the person against whom the force is applied

A

deadly force

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21
Q

a tort involving the injury to one’s reputation by the malicious or reckless dissemination of a falsehood

A

defamation

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22
Q

aiding or assisting a person being attacked

A

defense of a third person

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23
Q

actions taken that are not prescribed by law

A

discretionary activities

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24
Q

statutes prohibiting sales of alcoholic beverages to minors or intoxicated persons

A

dram shop acts

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25
Q

an obligation that a person has by law or contract

A

duty

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26
Q

the crime of holding someone against their will without legal justification

A

false imprisonment

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27
Q

English common law doctrine applied in many states. Treats a police officer or firefighter as a licensee, thereby limiting a landowner’s liability to such persons who enter premises as part of their duties

A

firefighter’s rule

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28
Q

an event that a reasonable person would ordinarily anticipate from one’s act or failure to act

A

foreseeable

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29
Q

intentional deception or distortion in order to gain something of value

A

fraud

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30
Q

carelessness of an outrageous character

A

gross negligence

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31
Q

an agreement or acquiescence manifested by a person’s actions or inaction

A

implied consent

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32
Q

a party to a contract who agrees to perform specified work under his or her own methods and supervision

A

independent contractor

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33
Q

a doctrine of consent applicable in professional malpractice cases, especially those involving surgery. (eg, explaining risks before surgery)

A

informed consent

34
Q

acts committed purposely

A

intentional acts

35
Q

outrageous conduct that causes a person mental and emotional suffering. Recognized as a tort in many jurisdictions.

A

intentional infliction of emotional distress

36
Q

an act committed under color of state authority that deprives a person of a federal constitutional right

A

intentional tort committed under color or authority of law

37
Q

a common law doctrine that prevented spouses from suing one another for commission of a tort

A

interspousal immunity

38
Q

an act (either human or natural) that occurs after an original tortious act. Can excuse the original tortfeasor from liability unless the tortfeasor should have anticipated the occurrence of the intervening act.

A

intervening act

39
Q

a tort involving the unreasonable or unwarranted intrusion on the privacy of an individual

A

invasion of privacy

40
Q

one who is expressly or impliedly invited. Generally refers to entry on another’s land or into another’s premises.

A

invitee

41
Q

liability that usually applies where two or more wrongdoers cause an injury or where two or more makers sign a promissory note. A judgment obtained against parties can be enforced against any one of the parties.

A

joint and several liability

42
Q

the tort of defamation through published materials

A

libel

43
Q

a person privately granted right to use property, such as a house guest

A

licensee

44
Q

an untrue statement of fact made to deceive or mislead

A

misrepresentation

45
Q

a condition that compels or requires a certain course of action

A

necessity

46
Q

the failure to exercise ordinary care or caution

A

negligence

47
Q

an act or omission in violation of a duty imposed by statute or ordinance for the protection of persons or property

A

negligence per se

48
Q

acts or omissions committed by a person who fails to act as a reasonably prudent individual would act under the circumstances

A

negligent acts or omissions

49
Q

a tort consisting of employing a person whom the employer knew or should have known would pose a threat to the security of others

A

negligent hiring

50
Q

a tort in some states where a person in a zone of physical risk suffers demonstrable physical consequences from fright or shock as a result of outrageous acts against another person

A

negligent infliction of emotional distress

51
Q

statutes in some states that require automobile owners to carry insurance that reimburses the insured irrespective of who is at fault in a vehicular accident.

A

no-fault automobile laws

52
Q

an unlawful or unreasonable use of a person’s property that results in an injury to another or to the public

A

nuisance

53
Q

Parental immunity doctrine refers to a principle that children cannot sue their parents for tort claims arising from parental authority

A

parental immunity

54
Q

a tort based on a physicians’ failure to advise a prospective mother of the likelihood of conceiving a defective child

A

preconception tort

55
Q

a right of a person in certain situations to make defamatory statements–such as during judicial proceedings

A

privilege

56
Q

the legal responsibility of a manufacturer, seller, or distributor of products that cause injuries to consumers

A

products liability

57
Q

non-governmental activities of municipal government that may subject a municipality to tort liability

A

proprietary or operational activities

58
Q

the cause that is nearest a given effect in a causal relationship

A

proximate cause

59
Q

persons who are in the public eye

A

public figures

60
Q

persons who hold public office by virtue of election or appointment

A

public officials

61
Q

a sum of money awarded t to the plaintiff in a civil case as a means of punishing the defendants for wrongful conduct

A

punitive damages

62
Q

he maximum degree of force that is necessary to accomplish a lawful purpose

A

reasonable force

63
Q

the hypothetical person referred to by courts as the objective standard for judging a person’s actions

A

reasonable person

64
Q

“The thing speaks for itself.” In tort law, where an injury occurs to a plaintiff who is without fault, by an instrumentality of even in control of the defendant where the injury would not occur in the absence of the defendant’s negligence. For example, where a plaintiff is injured when struck by rocks falling from a vehicle.

A

res ipsa loquitur

65
Q

the protection of one’s person against an attack

A

self-defense

66
Q

the tort of defaming someone’s character through verbal statements

A

slander

67
Q

one who furnishes alcoholic beverages to guests

A

social host

68
Q

a common law doctrine under which the sovereign may be sued only with its consent

A

sovereign immunity

69
Q

a statutory law setting time limits for filing court actions involving contract and tort claims

A

statute of limitations

70
Q

doctrine of law whereby liability is imposed upon a party irrespective of that party’s fault

A

strict liability

71
Q

statutes that provide that tort actions survive the plaintiff and defendant

A

survival statutes

72
Q

a wrong or injury other than a breach of contract for which the remedy is a civil suit for damages

A

tort

73
Q

one who commits a tort

A

tortfeasor

74
Q

acts involving human or property exposure through absorption, contact, ingestion, inhalation, implantation or injection of toxins

A

toxic torts

75
Q

an unlawful entry onto another person’s real property

A

trespass to land

76
Q

one who unlawfully interferes with another person’s property

A

trespasser

77
Q

liability of one person in place of another

A

vicarious liability

78
Q

statutes that require payments of monetary benefits to workers injured within the scope of their employment and to dependents of workers killed within the scope of their employment

A

worker’s compensation acts

79
Q

a tort action by parents for the birth of an impaired or deformed child because a physician’s negligent treatment or advice deprived them of the opportunity to terminate the wife’s pregnancy

A

wrongful birth

80
Q

statutory laws that allow a tort action against a person responsible for the wrongful death of an individual.

A

wrongful death acts

81
Q

a tort action brought on behalf o a child born with birth defects whose birth would not have occurred but for negligent medical advice or treatment

A

wrongful life

LAS101 - Intro to Law (34 decks)

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