Exam 2

Question 1

Torts

Civil or Criminal?

Answer 1

Civil

Question 2

Tort

Answer 2

When a persons conduct causes injury to another

Question 3

Unintentional Torts are also called….

Answer 3

Negligence

Question 4

Torts can be against property or person. T OR F

Answer 4

True

Question 5

Battery

Answer 5

Harmful or offensive physical contact

Question 6

Assault

Answer 6

Creates reasonable fear or immediate harmful or offensive contact

Question 7

Defamation

Answer 7

Faldo statement or fact communicated to another person

Question 8

Slander vs Libel

Answer 8

Slander is spoken

Libel is written

Question 9

False imprisonment

Answer 9

Confirming or restraining a person to a bounded area without justification. Could be a very large area. Like college campus.

Question 10

Wrongful interference with business relationship

Answer 10

Existence of contract
Defendant had knowledge of contract
Defendant caused party to break contract

Think of Tobacco company and scientist and 60 minutes

Question 11

Trespass to land

Answer 11

Enter onto land or cause someone or something to enter without permission

Question 12

Trespass to chattel

Answer 12

When someone withholds a persons possession from them

Question 13

Conversion

Answer 13

Taking someone’s property for such a long time that they are liable to pay full price for it.

Question 14

Self defense says what about revenge or retaliation

Answer 14

Can’t do anything after the event takes place. So no revenge.

Question 15

Defamation regarding famous people

Answer 15

Must be malicious. If not then it is not worthy or legal action.

Question 16

Negligence is

Answer 16

Conduct that causes a unreasonable risk of harm to another person or their property

Question 17

Objective standard

Answer 17

Measured against reasonable ordinary people

Question 18

Legal stuff

Answer 18

Duty of care - a person has to take precautions to prevent injury
Breach of duty - must show that the defendant committed the act by his unreasonable act
Damages - in negligence cases, you must suffer actual losses. In intentional tort damages don’t need to be proven
Causation - must prove that the persons wrongful behavior was the cause of the injury

Question 19

Duty to mitigate

Answer 19

Injured person has the responsibility to seek treatment after damages occur

Question 20

Danger invites rescue doctrine

Answer 20

Defendant is liable for anyone who is injured in the process of trying to rescue plaintiff

Question 21

Strict liability

Answer 21

When law assigns liability without fault of the party

Ex mining

Question 22

Courts of law

Answer 22

Monetary damages

Question 23

Courts of equity

Answer 23

Handles disputes not settled by money

Question 24

Specific performance

Answer 24

Purchase contracts involving land or buildings

Question 25

Injunctive relief

Answer 25

Court order instructing someone to do something or not do something. Cease and desist. Protective order.

Question 26

Today US has combined courts of equity and law. T OR F

Answer 26

T

Question 27

Pro se

Answer 27

Party represents themselves

Question 28

US courts will not reward equitable relief when

Answer 28

Legal remedies are available

Question 29

If you want equitable relief...

Answer 29

You have to ask for it.

Question 30

OK district courts have

Answer 30

General jurisdiction. | Power to decide virtually all lawsuits.

Question 31

Ok Courts don’t have subject matter jurisdiction over

Answer 31

Workers comp, bankruptcies, or tax protests

Question 32

What if defendant won’t pay relief?

Answer 32

Garnish wages Judgment lien Title defect

Question 33

State law question is moved to federal court. Which law do you use?

Answer 33

State law.

Question 34

Federal courts have limited jurisdiction

Answer 34

Things involving federal questions | Diversity of citizenship

Question 35

Diversity of citizenship

Answer 35

Exceed $75000 | Involve citizens from two different states

Question 36

How many cases does Supreme Court take let year?

Answer 36

About 100

Question 37

Ok state court system

Answer 37

District Court Ok Supreme Court option Ok court of appeals OkSupreme Court Criminal District court Ok court of criminal appeals

Question 38

Federal court system

Answer 38

US district court (3 in OK) US court of appeals (13) Us Supreme

Question 39

Appeals cases are based on??

Answer 39

Transcripts created at district courts

Question 40

How many cases get settled before trial

Answer 40

95%

Question 41

Contingency fee

Answer 41

Fee if you win money. Up to 50% | Can’t be used in criminal or divorce.

Question 42

Retainer payment

Answer 42

Down payment to lawyers

Question 43

Negotiation

Answer 43

Parties agree to try to settle dispute without formal assistance

Question 44

Mediation

Answer 44

Formal assistance from 3rd party. | Recommendations are not binding.

Question 45

Arbitration

Answer 45

3rd party findings may be binding | Binding - must follow - both parties agree to

Question 46

Courts will usually do what with arbitration cases??

Answer 46

Not review if voluntarily agreed to arbitration. | Only if arbitration was influenced by fraud.