Ch 5

Question 1

Tort

Answer 1

A private or civil wrong

And offense against an individual

Question 2

Damages

Answer 2

If someone commits a tort, the person injured as a result can sue and obtain a judgment for damages

Question 3

Duty

Answer 3

A legal obligation to do or not do something

1- the duty not to injure another
2- the duty not to interfere with the property rights of others
3- the duty not to interfere with the economic rights of others

Question 4

Breach(Violation) of the Duty

Answer 4

Must be proven by the injured party

Question 5

Injury

Answer 5

A harm, that is recognized by the law

Injury resulting from breach of duty

Must be proved

Question 6

Causation

Answer 6

Proof that the breach caused the injury

Question 7

Intentional torts

Answer 7

Require the breach to be intentional

Question 8

Negligence

Answer 8

Torts based on carelessness

Intent is not required

Question 9

Strict liablity

Answer 9

Neither intent nor carelessness is required.

Question 10

Proximate cause

Answer 10

Exists when it is reasonable foreseeable that a breach of duty will result in an injury

Question 11

Vicarious Liability

Answer 11

When one person is liable for the tort of another

Question 12

Assault

Answer 12

Occurs when one person intentionally puts another in reasonable fear of an offense or harmful bodily contact

Question 13

Battery

Answer 13

Harmful offensive touching of another

Question 14

False Imprisonment

Answer 14

Intentional confinement of a person against their will and without lawful privilege

Question 15

Defamation

Answer 15

A false statement injures a persons reputation or good name

1- be false
2- be communicated to a third party
3 bring the victim into disrepute, contempt, or ridicule by others

Question 16

Slander

Answer 16

Defamation that is spoken

Question 17

Libel

Answer 17

Defamation is written or printed

Question 18

In action of privacy

Answer 18

The right of privacy is a personal and fundamental right protected by the constitution of the US

Uninvited intrusion into an individuals personal relationships and activities

Question 19

Treapass to land

Answer 19

Entry onto the property of another without the owners consent

Question 20

Conversion

Answer 20

Using property in a manner inconsistent with the owners rights

Stolen or destroyed

Their= converter
Innocent buy of stolen goods= converter

Question 21

Interference with contract

Answer 21

When an outside party interfere with an existing contractual agreement between two other parties

Question 22

Fraud

Answer 22

There is an intentional misrepresentation of an existing important fact(a lie)

Question 23

Contributory Negligence

Answer 23

A plaintiff cannot recover for a loss caused by another’s negligence if the plaintiff also was negligent

Question 24

Comparative Negligence

Answer 24

Plaintiff in a negligence action is partially at fault

Plaintiff is awarded damages, but they are reduced I. Proportion to the plaintiffs negligence

Question 25

Assumption of the Risk

Answer 25

Plaintiff are aware of the danger, but decide to subject themselves to the risk

Question 26

Injunction

Answer 26

A court order for a person to do or not do a particular act Issued to prevent a privates injury or to stop it from continuing

Question 27

Damages

Answer 27

Monetary award to the injured party to compensate for loss

Question 28

Compensatory(actual) Damages

Answer 28

The purpose of the award is to place the injured party in the same financial position as if the injury had not occurred.

Question 29

Contingency Fee

Answer 29

Lawyers handle civil lawsuits for a percentage of the recovery

Question 30

Judge

Answer 30

Decided issued of law

Question 31

Jury

Answer 31

Decides issues of fact

Question 32

Civil juries

Answer 32

Made up of 6-12 citizens Listens to witness, review physical evidence, and reach decisions Does not have to be unanimous

Question 33

Plaintiff

Answer 33

The party that initiates the lawsuit by filing a complaint

Question 34

Defendant

Answer 34

The party complained against in a criminal or civil proceeding

Question 35

Evidence

Answer 35

Includes anything that the judge allows to be presented to the jury that helps to prove or disprove the alleged facts

Question 36

Testimony

Answer 36

Common form of evidence | State,t s made by witness under oath

Question 37

Witness

Answer 37

Someone who has personal knowledge of the facts

Question 38

Expert witness

Answer 38

Prodded superior knowledge about important facts

Question 39

Subpoena

Answer 39

A written order by the judge commanding a witness to appear and give a testimony

Question 40

Closing arguments

Answer 40

Follow presentation of evidence Each attorney summarizes the case, trying to persuade the judge and jury to favor his or her side

Question 41

Instructions to the jury

Answer 41

The judge tells the jury what rules of law apply to this case Judge tells the jury what issues of fact they must decide

Question 42

Deliberation

Answer 42

5 out of 6 votes Or civil case- 10 out of 12 votes

Question 43

Verdict

Answer 43

Jury's decision

Question 44

Judgement

Answer 44

Final result of the trial Plaintiff wins = sum of money defendant wins = "judgement for the defendant"

Question 45

Writ of Execution

Answer 45

Obtained by plaintiff if the defendant does not pay The process by which a judgement for money is enforced