Chapter 6-Vocab

Question 0

Intentional tort

Answer 0

Harm cause by deliberate action

Question 1

Tort

Answer 1

A violation of a duty imposed by the civil law

Question 2

Negligence

Answer 2

Injuries caused by neglect and oversight rather than by deliberate conduct. Must prove five elements

Question 3

Strict liability

Answer 3

A type of tort lawsuit which does not require a plaintiff to prove the element of fault

Question 4

Libel

Answer 4

Written defamation

Question 5

Slander

Answer 5

Oral defamation

Question 6

Element

Answer 6

A fact that the plaintiff must prove to win a lawsuit. Must prove ALL four.

Question 7

Defamation

Answer 7

False statements that harm someone’s reputation

Question 8

Defamatory statement

Answer 8

Can be written or spoken

Question 9

Opinion

Answer 9

Generally a valid defense in a defamation suit because it cannot be proven true or false

Question 10

Public figures

Answer 10

Someone in public eye. EX: movie stars

Question 11

Public official

Answer 11

Someone in public eye. EX: police chief

Question 12

Actual malice

Answer 12

The defendant knew the statement was false or acted with reckless disregard of the truth

Question 13

Absolute privilege

Answer 13

A witness testifying in a court or legislature may never be sued for defamation

Question 14

Qualifying privilege

Answer 14

Exist between two people who have a legitimate need to exchange information

Question 15

False imprisonment

Answer 15

The intentional restraint of another person without reasonable cause and without consent

Question 16

Intentional infliction of emotional distress

Answer 16

Results from extreme and outrageous conduct that causes serious emotional harm

Question 17

Battery

Answer 17

An intentional touching of another person in a way that is unwanted or offensive. Doesn’t matter if they intended harm or not

Question 18

Assault

Answer 18

Occurs when defendant does some act that makes the plaintiff fear an imminent battery. Even if battery doesn’t occur

Question 19

Fraud

Answer 19

Injuring another person by deliberate deception

Question 20

Compensatory damages

Answer 20

Money intended to restore a plaintiff to the position he was in before injury

Question 21

Single-recovery principle

Answer 21

Requires a court to settle the matter once and for all by awarding a lump sum for past and future expenses

Question 22

Punitive damages

Answer 22

Intended to punish the defendant for conduct that is extreme and outrageous. Must consider three guidepost

Question 23

Tortious interference with a contract

Answer 23

The defendant improperly induced a third party to breach a contract with the plaintiff. Exist only if plaintiff can establish four elements

Question 24

Intrusion

Answer 24

A tort if a reasonable person would find the invasion of her private life offensive

Question 25

Commercial exploitation

Answer 25

Prohibits the use of someone's likeness or voice for commercial purposes

Question 26

Duty of due care

Answer 26

The defendant could have foreseen injury to a particular person, they have duty to him

Question 27

Factual cause

Answer 27

Defendants breach physically led to the ultimate harm

Question 28

Foreseeable type of harm

Answer 28

For defendant to be liable type of harm must have been reasonable foreseeable

Question 29

Res ipsa loquitur

Answer 29

The thing speaks for itself. Shifts burden of proof from plaintiff to defendant only applies when 1) defendant had exclusive control of the thing that caused harm 2) harm wouldn't have occurred without negligence 3) plaintiff had no role in causing harm

Question 30

Assumption of risk

Answer 30

A person who voluntarily enters a situation that has an obvious danger cannot complain if she is injured

Question 31

Ultrahazardous activity

Answer 31

Activities that include using harmful chemicals, operating explosives, keeping wild animals, or similar activities where the danger to the general public is especially great.