Torts Flashcards Preview

Paralegal Course > Torts > Flashcards

Flashcards in Torts Deck (180)
Loading flashcards...
1

What is a tort?

A tort is a civil wrong that is the basis for a legal course of action.

2

When does a tort occur.

1. A tort occurs when a person violates a duty to others.
2. A tort occurs when someone deliberately, or through carelessness, causes harm or loss to another person, or to that person's property.

3

A __________is a civil wrong that is the basis for legal cause of action.

tort

4

A tort is a civil wrong that is the basis for a _________________.

legal cause of action

5

A _________ occurs when a person violates a duty to others.

tort

6

A tort occurs when a person violates a ____________to others.

duty

7

A _______________ occurs when someone deliberately, or through carelessness, causes harm or loss to another person, or to that person's property.

tort

8

Define Intentional Tort

A tort committed by someone acting with general or specific intent.

9

A tort committed by someone acting with general or specific intent is called a _________________.

intentional tort

10

Name 7 Intentional Torts Against Persons

1. Assault
2. Battery
3. False Imprisonment
4. Defamation of Character
5. Misappropriation of the Right to Publicity
6. Invasion of the Right to Privacy
7. Intentional Infliction of Emotional Distress (IIED)

11

Does the law protect a person from unauthorized touching, restraint, or other contact?

Yes

12

Does the law protect a person's reputation and privacy?

Yes

13

The law protects a person from _______________ touching, ____________, or other contact.

1. Unauthorized
2. Restraint

14

The law protects a person's _____________ and privacy.

reputation

15

The law protects a person's reputation and ____________.

privacy

16

What is Assault as a tort?

It is a civil wrong - not a criminal wrong. It is the threat of immediate harm or offensive contact, or any action that causes reasonable apprehension of imminent harm.

17

Threat of immediate harm or offensive contact, or any action that arouses reasonable apprehension of imminent harm is what kind of tort?

assault

18

If someone makes you think s/he is about to hurt you it is an assault tort. What is the term used for the action?

reasonable apprehension of imminent harm

19

An assault tort is a threat of immediate harm or offensive contact, or any action that causes _______________________________.

reasonable apprehension of imminent harm.

20

Spell imenent. ⬅Not the correct spelling

im-mi-nent

21

What is Battery as a tort?

The unauthorized and harmful or offensive physical contact with another person.

22

The unauthorized and harmful or offensive physical contact with another person is ____________.

battery

23

In a battery tort, the __________ ______________ is the person's reasonable sense of dignity and safety.

interest protected

24

In a battery tort, the interest protected is the person's _____________________________________.

reasonable sense of dignity and safety

25

In a battery tort, does there have to be direct contact?

No.

26

True or False: There does not have to be direct contact in a battery tort.

True

27

Examples of indirect contact in battery tort:

Rock thrown, bullet, pulling chair, poison

28

What is the Doctrine of Transferred Intent?

Intent that the law may shift from an originally intended wrongful act to a wrongful act actually committed. For example, if you throw a rock at me, but hit the guy behind me instead, the intent may be transferred to the actual act: you hit the guy behind me with a rock=battery=it does not release you from liability just because your original intention was to harm me. The intent transfers to the guy behind me.

29

Doctrine of transferred intent

From target to actual victim

30

What is False Imprisonment?

The intentional confinement or restraint of another person without authority or justification and without that Preston's consent constitutes false imprisonment.

Victim may be restrained by physical force, barriers, threats of physical harm or false assertion of legal authority.