Tort Law

Question 1

Tort Law

Answer 1

Civil cases that intend to right a legal wrong (with the exception of contractual cases). The goal of Torts is to remedy a plaintiff’s injury, not so much to punish the individual.

Question 2

Intentional Tort

Answer 2

The defendant intended to cause harm.

Question 3

Battery

Answer 3

impermissible touching; concept of battery applies even if there is no physical injury

Question 4

Assault

Answer 4

the threat of impermissible touching with apparent present ability to do so

Question 5

Damages

Answer 5

What have you lost and what can you then be compensated for

Question 6

Nominal Damages

Answer 6

When a plaintiff can prove rights were violated but cannot prove harm

Question 7

Conversion

Answer 7

Civil version of theft; indicates an intention to permanently deprive someone of property

Question 8

Defamation:

Answer 8

Umbrella term for a false statement that harms the reputation of another

Question 9

Libel

Answer 9

a published false statement that damages someone’s reputation

Question 10

slander

Answer 10

said aloud

Question 11

False Imprisonment

Answer 11

prevents someone from moving the way they want to

Question 12

Trespass to chattel

Answer 12

Chattel is personal property. It is characterized as wrongs to the property (doesn’t have to be stolen)

Question 13

Trespass to land:

Answer 13

entering upon another person’s real property

Question 14

Intentional infliction of emotional distresses

Answer 14

you can always claim emotional stress, but have the burden of proving that you are actually suffering

Question 15

Wrongful death

Answer 15

Under common law, the deceased’s estate were the only ones who could bring a wrongful death claim for losses suffered by the deceased. However, many jurisdictions have extended this to surviving family members to sue for their own losses.

Thought to be the fault of another person or business, either intentionally or because of negligence

Question 16

Invasions of privacy

Answer 16

Public disclosure of private fact. It may or may not harm reputation but the statement is true

Question 17

False light publicity

Answer 17

could be something that is true published in a way that portrays you falsely

Question 18

appropriation of name or likeness

Answer 18

using someone else’s name without permission: happens sometimes in commercial relationships

Question 19

Negligence

Answer 19

Acting carelessly

Question 20

Duty of care

Answer 20

owed to plaintiff relative to the situation

Question 21

Breach of duty

Answer 21

must have duty to care to decide if it was breached

Question 22

Proximate causation

Answer 22

whether or not the injury was reasonably forseeable

Question 23

Cause-in-fact

Answer 23

timeline componentent of the defendant’s actions that led to your injury

Question 24

damages

Answer 24

suffered actual injury or loss

Question 25

Reasonable-person standard

Answer 25

any reasonable person will act a certain way based on situational context

Question 26

recklesness

Answer 26

carries a higher degree of guilt or fault because likelihood of harm has been increased by behavior

Question 27

Degree of culpability

Answer 27

something extra (in terms of behavior) was added that made the act worse, so they must be prosecuted accordingly

Question 28

Defenses

Answer 28

must be pleaded (affirmative defenses) you have the burden of proof

Question 29

Self Defense

Answer 29

you have the right to defend yourself (common law right) if you are in danger of imminent bodily harm
Can not use deadly force against another if all thats in danger is property

Question 30

Assumption of the risk

Answer 30

Defendant can claim assumption of the risk, asserts that the plaintiff voluntarily puts themselves in a dangerous situation

Question 31

Contributory negligence

Answer 31

defense can claim plaintiff contributed to their own injury. This bars the plaintiff from any recovery

Question 32

Comparative negligence

Answer 32

holds the defendant still liable but compares their conduct to how much the plaintiff is responsible for their injurt

Question 33

immunity

Answer 33

ancient common law; defenses the crown held against its citizens

Question 34

charitable immunity

Answer 34

courts dont want to deter charities from engaging in charitable acts

Question 35

good samaritan law

Answer 35

under american law there is no duty to render aid. If you help someone but unintentionally make the situation worse, you cannot be held liable

Question 36

Illegality

Answer 36

if plaintiff is engaged in something illegal defense can claim illegal conduct of plaintiff

Question 37

Strict liability

Answer 37

defendant is held liable for actions regardless of how careful they were; originally only applied to accidents that were a result of a blast

Question 38

Cardozo

Answer 38

argues that you only owe a duty of care to those who could forseeably be injured

Question 39

Andrews

Answer 39

argues an individual owes a duty of care to the world; if it in fact causes injury you should be liable

Question 40

Greenman v Yuba Power products

Answer 40

case in which the courts extended strict liability to all consumer products; modern products are so complex you cannot expect anyone to use their knowledge to look for faults in products