Law of Torts

Question 1

nuisance

Answer 1

interference with another’s enjoyment of life or property is known as

Question 2

defamation

Answer 2

wrongful act that injures another’s reputation with false statements is known as

Question 3

negligence

Answer 3

Failure to exercise reasonable care in a situation that causes harm to another person or property

Question 4

assault

Answer 4

when one person deliberately frightens another person into the reasonable belief that he or she is about to be injured is known as

Question 5

strict liability

Answer 5

Legal responsibility for damage even if you acted without mental fault

Question 6

intentional tort

Answer 6

Actions with the purpose or intent to injure another person or property

Question 7

tort

Answer 7

A wrongful injury to a person or property. “A private wrong”

Question 8

trespass

Answer 8

wrongful injury to or interference in the rights of another is known as

Question 9

battery

Answer 9

the unlawful, unprivileged touching of another person is known as

Question 10

proximate cause

Answer 10

The link between unreasonable conduct and an injury in a negligence suit is known as

Question 11

Tortfeasor

Answer 11

Person who commits a tort

Question 12

3 Primary Categories of Tort

Answer 12

Negligence, Intentional Torts, and Strict Liability

Question 13

Example of Strict Liability

Answer 13

Product/Manufacturer liability

Question 14

Torts are generally governed by ______ Law.

Answer 14

State - common law and statutory law

Question 15

Statutory Law

Answer 15

enacted by legislatures

Question 16

Common Law

Answer 16

case law set fort in court opinions

Question 17

Precedent

Answer 17

case that must be followed in subsequent, similar cases

Question 18

Compensatory damages

Answer 18

compensate losses

Question 19

Examples of compensatory damages

Answer 19

lost wages, medical bills, pain and suffering, property damage, past and future earnings

Question 20

IRAC

Answer 20

Issue, Rule, Application, Conclusion

Question 21

Battery

Answer 21

the crime of unconsented physical contact with another person, even where the contact is not violent/

Question 22

Trespass

Answer 22

the wrongful damage to or interference with the property of another

Question 23

Defamation

Answer 23

the wrongful act of injuring another’s reputation by making false statements

Question 24

Libel

Answer 24

false statement in written form

Question 25

Slander

Answer 25

is a false statement made orally to a third party

Question 26

Invasion of Privacy

Answer 26

interfering with a person's right to be left alone, which includes the right to be free from unwanted publicity and interference with private matters

Question 27

Emotional Distress

Answer 27

Intentionally or recklessly causing emotional or mental suffering to others

Question 28

Conversion

Answer 28

Unauthorized taking or borrowing of personal property of another for the use of the taker

Question 29

False imprisonment

Answer 29

Unlawful restraint of a person whether in prison or otherwise

Question 30

Interference with contractual relations

Answer 30

The action of breaking the terms of a law, agreement

Question 31

Deceit

Answer 31

A false statement or deceptive practice done with intent to injure another

Question 32

Unintentional Torts

Answer 32

when he or she acts in a careless manner that results in an injury to a person, damage to property, or both

Question 33

Elements of Negligence

Answer 33

Duty of Care, Breach of Duty, Proximate Cause , Actual Harm

Question 34

Duty of Care

Answer 34

the duty to not violate the rights of others

Question 35

Breach of Duty

Answer 35

The failure to use the degree of care that a reasonable person would exercise in that same situation

Question 36

Proximate Cause

Answer 36

The legal connection between unreasonable conduct and the resulting harm

Question 37

Actual Harm

Answer 37

the proof that the plaintiff suffered physical injuries, property damage, or financial loss

Question 38

Defenses to Negligence

Answer 38

Contributory Negligence, Comparative Negligence, Assumption of Risk

Question 39

Contributory Negligence

Answer 39

Behavior by the plaintiff that helps cause his or her injuries

Question 40

Comparative Negligence

Answer 40

The negligence of each party is compared and the amount of the plaintiffs recovery is reduced by percent of his or her negligence

Question 41

Assumption of Risk

Answer 41

If the defendant can show the plaintiff knew of the risk involved and still took the chance of being injured

Question 42

Survival and Wrongful Death Statutes

Answer 42

A statute that allows a descendant's estate to sue for injuries or damages by the descendant immediately before they died

Question 43

Remedies for Torts

Answer 43

The solution to a tort case that the plaintiff and defendant decide upon after the case is over

Question 44

What is the primary purpose of tort law?

Answer 44

Protects people's rights in society.

Question 45

Tort law governs the interplay between what two legal concepts?

Answer 45

The rights and duties between the law and the individual.

Question 46

Identify the two ways in which torts can be classified.

Answer 46

Intentional Torts and Unintentional Torts

Question 47

What is the difference between assault and battery?

Answer 47

Assault is threatening someone to make them believe they are in danger, battery is touching someone in an unlawful way

Question 48

Identify the two categories of defamation. Explain the difference between these two forms of defamation.

Answer 48

Libel is a written form of defamation, slander is a spoken form of defamation. You have to prove libel with evidence in court

Question 49

Explain the tort of invasion of privacy naming the two types of interference included within that tort.

Answer 49

The invasion of privacy is the interfering with a person's right to be left alone and right to be free from unwanted publicity from interference in private matters

Question 50

What types of individuals must use the actual malice test in a defamation lawsuit? Explain.

Answer 50

Famous people because many people are saying bad things about them

Question 51

Explain how a person can commit a breach of duty to another person in a negligence action.

Answer 51

By not exercising a degree of care that a reasonable person would exercise in the same situation

Question 52

Since the reasonable person test is an objective test, what phrases must the judge avoid in his or her jury instructions?

Answer 52

The normal person and the logical person