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Flashcards in Pre-info Deck (48):
0

If an answer choice uses the word "unless", why should you be careful of that?

Because the only way that it can be right is if the thing that follows is the only possible answer

1

Must there be actual damages for an intentional tort?

No, nominal damages are enough

2

What are the two key concerns for IIED?

- Extreme and outrageous conduct
- severe emotional distress

3

If you are horrified and outraged by someone's conduct, does that equate to severe emotional distress for IIED?

No

4

What is conversion?

Exercising of dominion and control over property which causes substantial interference with ownership rights

5

What is the remedy for conversion?

A forced sale of the item, so it is the reasonable market value of the item

6

If you're at a rock concert and you know there will be slightly dangerous waves in the crowd, but you choose to be in the crowd anyway, what have you consented to?

Some force

7

If you have a question asking about a directed verdict, what does that mean?

Judges can only grant the motion if they find no substantial evidence to send to the jury

8

If you find a question about whether a directed verdict should be given, you only grant it if what?

No triable issues are left to be decided

9

If you get a question about whether a directed verdict should be granted, what should you almost always do?

Deny it because there is usually something left to be decided

10

If you aren't a customer and the bathroom says it is only for customers, then anyone who enters that isn't the customer is considered what?

A trespasser

11

If you use the bathroom in a hotel, but you aren't a customer of the hotel, what are you considered?

A business invitee because hotels are in the business for more than just rooms to stay in, they provide services

12

If you put up a sign in your restaurant bathroom saying the bathrooms are only for customers, what does that show that you know?

That lots of people use the bathroom that aren't customers, so they are trespassers, which creates a duty to warn of known dangers

13

If someone tripped over one marble out of a batch of marbles that were left on the ground by two people playing with the marbles, how does that relate to causation?

can't establish actual causation, because you don't know which of the two people put the one marble that got tripped on out. Summers v Tice: after the plaintiff establishes duty and breach, the burden switches to the defendants to show they weren't responsible for the injury to the plaintiff, and if they can't do that, then they are liable

14

If a question asks you to find the best defense, what does that not include necessarily?

The answer doesn't have to necessarily be a successful defense

15

What does Res Ipsa Loquitur have to do with?

Establishing breach

16

Are criminal acts by third persons automatically intervening?

No you have to look at foreseeability

17

Unless a question tells you otherwise, what should you always assume a jurisdiction has adopted as far as negligence is concerned?

That it has joint and several liability and uses pure comparative negligence

18

Just because something wasn't an unusual practice in a field, does that mean the behavior is reasonable?

No, but it can be a factor in determining negligence, however it is not conclusive

19

If a question gives you the option of dealing with strictly ability, negligence, or intentional torts, what is the best one to find liability on?

Intentional torts are the best to sue on, then strict liability, and at the bottom is negligence

20

If both strict liability and negligence are possible, which one should you always pick to be a viable liability option?

Strict liability

21

Why is it better to find liability for an intentional tort than stick liability or negligence?

Because for intentional torts you don't have to prove damages, and you can recover punitive damages

22

Is an iguana considered a wild animal or the domesticated pet?

Wild animal

23

What are the two fact situations to watch out for on an exam that has to do with wild animals?

A) issues about whether or not an wild animal is actually harmless
B) whether The animal has to actually injure the plaintiff

24

If a test question raises doubt about whether a wild animal is actually harmless, does that influence the way you deal with the wild animal situation?

No, because a wild animal is always a wild animal, their status never changes no matter how docile they become

25

Does a wild animal have to actually injure the plaintiff to find liability?

No, so long as the plaintiff's injuries were connected to the fact that it was a wild animal, liability can be found.

26

If injuries come from a plaintiff perceiving an animal is a wild animal and becomes frightened, or worried because the animal threatens his child, and an injury ensues in trying to escape, is there liability?

Yes, because that doesn't actually have to be an injury by the animal in order to find liability for a wild animal

27

What is the best answer choice in a strict product liability question?

The one that deals with the defect in the product

28

Is contributory negligence a defense district liability?

No

29

Is assumption of the risk of defense to strict liability?

Yes

30

If you accomplished a taking by pretending to have a gun, is that enough for robbery?

Yes, so long as you have the apparent ability to carry out the force you threatened

31

Slander is a branch of what tort?

Defamation

32

What is required for a defamation?

- defamatory statement
- intentional or negligent publishing to a third-party
- damages

33

Must there be intent to defame in order to have a defamation?

No, you just need intend to publish or negligence about publishing

34

What is required in order to get punitive damages in tort?

Something more than just having an improper motive, punitive damages are rarely given for anything published by the media

35

If the defendant is the media, and the plaintiff is a public figure, what should you immediately think about?

New York Times malice

36

What is Required for New York Times malice?

The defendant knew it was false or acted with reckless disregard

37

If you interfere with a person's unusual sensitivity, is that a nuisance?

No, it must be the type that would cause an interference with a reasonable person

38

In Order for misrepresentation to be actionable, it must be what?

Either intentional or negligent

39

Modernly, what kind of duty is imposed on sellers of property?

If the seller knows about a defect that the buyer is unaware of, and the buyer can't reasonably discover, he must disclose its presence

40

On the bar exam if you see a situation that looks like a vicarious liability question, why should you not jump for the answer that says no liability?

Because there is often another answer that bypasses vicarious liability and speaks to direct liability. If you can find something the defendant actually did wrong, that eliminates the need for vicarious liability

41

If You see a racehorse question, probably one of the relationships involves what?

A false center (rehashing of issues)

42

Is it true that on an essay question whatever relationship is listed first is most important?

No, examiners will often write a bottom loaded question where the main issues are at the end

43

In what order should you answer essay questions?

Always in the order they are given, even if the last relationship is the most important

44

Is product liability a tort?

No, it is an area of the law, The plaintiff sues for one of the three torts that make up products liability

45

Are the three torts that make up products liability?

Strict product liability, negligence, breach of implied warranty

46

Strict liability only includes what?

Wild animals and abnormally dangerous activities

47

Defamation can be either of what two torts?

Intentional or negligent depending on the state of the publication