Chapter 7

Question 1

What are torts?

Answer 1

Civil wrongs that court can award money damages for

Question 2

How are torts organized?

Answer 2

Intentional, Unintentional and Negligence

Question 3

What are the elements of a tort?

Answer 3

Act, Intent and Damages

Question 4

What is an act of conscious volition?

Answer 4

This means the defendant was conscious when he/she committed a tort?

Question 5

What are 2 examples of not an act of conscious volition?

Answer 5

Sleep walking and Heart Attack

Question 6

What is intent?

Answer 6

This means that you understand the effect of your actions and you meant to do it

Question 7

Who cannot have intent?

Answer 7

Mentally Ill and Little Kids

Question 8

What constitutes as damages?

Answer 8

Injuries to a person or property

Question 9

What is a assault?

Answer 9

Fear of unwanted bodily contact or the act of intending to cause fear or harm.

Question 10

What are the torts against people?

Answer 10

Assault, Battery, Infliction of Emotional Distress, and False Imprisonment

Question 11

What is battery?

Answer 11

Unwanted Bodily Contact

Question 12

What is intentional infliction of emotional distress?

Answer 12

Extreme and Outrageous Conduct

Question 13

What is False Imprisonment?

Answer 13

Confining someone to a bounded area

Question 14

Why is False Imprisonment paired with Shoplifting?

Answer 14

Shop owners usually detain accused persons in a room for questioning

Question 15

What tort against a person must have proof of actual damages?

Answer 15

Intentional Infliction of Emotional Distress

Question 16

What is “actual damage”?

Answer 16

They require receipts like doctor’s bills

Question 17

What are the types of real property?

Answer 17

Land and fixtures

Question 18

What’s a fixture?

Answer 18

If it is removed, then it leaves a whole because you can’t take fixtures with you

Question 19

How does personal property turn into real property?

Answer 19

Something starts off as personal property then gets installed into a house and then becomes real property

Question 20

What is personal property?

Answer 20

Anything you own that is not a land or fixture

Question 21

What are 3 torts against property?

Answer 21

Trespass to Chattels, Trespass to Land, Conversion

Question 22

What is a trespass to chattels?

Answer 22

This is damaging another’s personal property

Question 23

What is a trespass to land?

Answer 23

This is purposefully putting one’s foot down on another’s land? This could be an accident

Question 24

What is conversion?

Answer 24

Damaging another person’s property so badly you have to pay the plaintiff the entire value of property

Question 25

What is the relationship between theft and conversion?

Answer 25

If you lose something someone owns or can't give it back to them because it's so damaged, it could be considered theft.

Question 26

What torts against property require actual damages?

Answer 26

Trespass to Land and Trespass to Chattels

Question 27

What is meant by a defense to a tort?

Answer 27

The defendant might have a reason for his or her actions that excuses for an liability

Question 28

What are the five types of defense?

Answer 28

Consent, Self-Defense, Defense of Property, Necessity Public and Necessity Private

Question 29

What is consent?

Answer 29

The plaintiff agrees to the tort like a foot ball contract

Question 30

What is self-defense?

Answer 30

The defendant may have committed this to protect themselves?

Question 31

What is Defense of Property?

Answer 31

Protecting his or her land like pulling a gun

Question 32

What is Necessity Public?

Answer 32

The defendant did this to protect his self or property

Question 33

What is Necessity Private?

Answer 33

There is no damage to the property

Question 34

what is an egg shell plaintiff?

Answer 34

A person that is overly scared or more susceptible to injury than the average person.

Question 35

what are unintentional torts?

Answer 35

Torts that occur when the person's actions are unreasonable unsafe

Question 36

what are intentional torts?

Answer 36

The person knew or should have known that something bad would occur through their actions or inactions

Question 37

what are quasi-intentional tort?

Answer 37

it involves speech defamation, which could be written or libel and oral or slander.

Question 38

what is the most important thing about assault?

Answer 38

it has to be unpermitted or unwanted and the person knew this but continued anyways.