Exam 2 vocab

Question 1

appropriation

Answer 1

unauthorized use of another person’s name or likeness for one’s own benefit

Question 2

assault

Answer 2

intentional infliction of apprehension of immediate bodily harm or offensive contact

Question 3

battery

Answer 3

intentional infliction of harmful or offensive bodily contact

Question 4

conversion

Answer 4

intentional exercise of dominion or control over another’s personal property
sells never return property

Question 5

defamation

Answer 5

injury to a person’s reputation by publication of false statements

Question 6

disparagement

Answer 6

publication of false statements resulting in harm to another’s monetary interests

Question 7

false imprisonment

Answer 7

intentional interference with a person’s freedom of movement by unlawful confinement

Question 8

false light highly

Answer 8

offensive publicity placing another in a false light

Question 9

fraudulent misrepresentation

Answer 9

false statement made with knowledge of its falsity and with intent to induce another to act

Question 10

infliction of emotional distress

Answer 10

extreme and outrageous conduct intentionally or recklessly causing severe emotional distress

Question 11

intent

Answer 11

desire to cause the consequences of an act or knowledge that the consequences are substantially certain to result from the act

Question 12

interference with contractual relations

Answer 12

intentionally causing one of the parties to a contract not to perform the contract

Question 13

intrusion

Answer 13

unreasonable and highly offensive interference with the seclusion of another

Question 14

libel

Answer 14

defamation communicated by writing, television, radio, or the like

Question 15

misuse of legal procedure

Answer 15

torts protecting an individual from unjustifiable litigation

Question 16

nuisance

Answer 16

non trespassory invasion of another’s interest in the private use and enjoyment of his land

Question 17

personal property

Answer 17

any property other than an interest in land

Question 18

privilege

Answer 18

immunity from tort liability

Question 19

public disclosure of private facts highly

Answer 19

offensive publicity given to private information about another person

Question 20

punitive damages

Answer 20

damages awarded in excess of normal compensation to punish a defendant for a serious civil wrong

Question 21

real property

Answer 21

land and anything attached to it

Question 22

recklessness

Answer 22

conduct that evidences a conscious disregard of or an indifference to the consequences of the act committed

Question 23

slander

Answer 23

oral defamation

Question 24

tort

Answer 24

a civil wrong causing injury to persons, their property, or their economic interests

Question 25

trespass to personal property

Answer 25

intentional dispossession or unauthorized use of the personal property of another

Question 26

trespass to real property

Answer 26

wrongful entry onto another's land

Question 27

Res ipsa loquitur

Answer 27

"the thing speaks for itself"; permits the jury to infer both negligent conduct and causation

Question 28

abnormally dangerous activity

Answer 28

strict liability is imposed for any activity that (1) creates a foreseeable and highly significant risk of harm and (2) is not one of common usage

Question 29

assumption of risk

Answer 29

express assumption of risk is a defense to an action based upon strict liability; some states apply implied assumption of risk to strict liability cases

Question 30

but-for test

Answer 30

the defendant's conduct is a factual cause of the harm when the harm would not have occurred absent the conduct

Question 31

children

Answer 31

must conform to conduct of a reasonable person of the same age, intelligence, and experience

Question 32

comparative negligence

Answer 32

some states apply this doctrine to some strict liability cases

Question 33

contributory negligence

Answer 33

failure of a plaintiff to exercise reasonable care such that her failure is a legal cause of the plaintiff's harm

Question 34

duty to act

Answer 34

a person is under a duty to all others at all times to exercise reasonable care for the safety of the others' person and property; however, except in special circumstances, no one is required to aid another in peril

Question 35

duty to invitees

Answer 35

to exercise reasonable care to protect invitees against dangerous conditions possessor should know of but invitees are unlikely to discover

Question 36

duty to licensees

Answer 36

to warn of known dangerous conditions licensees are unlikely to discover for themselves

Question 37

duty to trespassers

Answer 37

not to injure intentionally

Question 38

emergencies

Answer 38

the reasonable person standard applies, but an unexpected emergency is considered part of the circumstances

Question 39

emergency

Answer 39

sudden, unexpected event calling for immediate action

Question 40

express assumption of the risk

Answer 40

plaintiff’s express consent to encounter a known danger

Question 41

factual cause

Answer 41

liability for the negligent conduct of a defendant requires that his conduct in fact caused harm to the plaintiff

Question 42

harm to legally protected interest

Answer 42

courts determine which interests are protected from negligent interference

Question 43

invitee

Answer 43

person invited upon land as a member of the public or for a business purpose

Question 44

keeping of animals

Answer 44

strict liability is imposed for wild animals and usually for trespassing domestic animals

Question 45

last clear chance

Answer 45

final opportunity to avoid an injury

Question 46

licensee

Answer 46

person privileged to enter or remain on land by virtue of the consent of the lawful possessor

Question 47

mental disability

Answer 47

a mentally disabled person is held to the reasonable person standard of a reasonable person who is not mentally deficient

Question 48

negligence

Answer 48

conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm

Question 49

negligence per se

Answer 49

conclusive on the issue of negligence (duty of care and breach)

Question 50

physical disability

Answer 50

a disabled person’s conduct must conform to that of a reasonable person under the same disability

Question 51

reasonable person standard

Answer 51

degree of care that a reasonable person would exercise under all the circumstances

Question 52

scope of liability

Answer 52

liability is limited to those harms that result from the risks that made the defendant’s conduct tortious

Question 53

strict liability

Answer 53

liability for nonintentional and nonnegligent conduct

Question 54

superior skill or knowledge

Answer 54

if a person has skills or knowledge beyond those possessed by most others, these skills or knowledge are circumstances to be taken into account in determining whether the person has acted with reasonable care

Question 55

superseding cause

Answer 55

intervening event that occurs after the defendant’s negligent conduct and relieves her of liability

Question 56

trespasser

Answer 56

person who enters or remains on the land of another without permission or privilege to do so

Question 57

violation of statute

Answer 57

if the statute applies, the violation is negligence per se in most states