Unit 6: Tort Law Flashcards Preview

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Flashcards in Unit 6: Tort Law Deck (15):
1

Tort

When someone commits a wrong in Civil law.

2

Can you be charged both civilly and criminally for the same act?

Yes

3

Two basic questions of Tort Law

1) Who should be liable for harm caused by those actions?
2) How much should the responsible person have to pay?

4

Liable/Liability

Being responsible for something that happened, different from being morally responsible.

5

Common Law

Law made by the judge through court decisions.

6

Statuates

A local or state law

7

Negligent Tort

Torts that are caused by negligence of the person who commits the tort.

8

Four Elements of Negligent Tort

-Duty
-Breach
-Causation: Cause in Effect, Proximate Causation
-Damages

9

Defenses: Contributory Negligence

Negligence of the plaintiff contributed to the plaintiff's injury so damages should be denied.

10

Defenses: Comparative Negligence

Negligence of the plaintiff contributed to the plaintiff's injury so damages should be reduced accordingly or denied.

11

Defenses: Assumption of Risk

The plaintiff consented to engage in certain activity that they knew of potential risks

12

Defenses: Illegality

Plaintiff engaged in an illegal activity when plaintiff was injured, so damages should be denied.

13

Intentional Torts

Two components:
1) Want for the consequence to happen
2) Know to a substantial certainty that the consequence will happen

14

Four Types of Intentional Torts

- Battery
- False Imprisonment
- Intentional Infliction of Mental Distress (IIMD) (outrage)
- Conversion (robbery/ burglary)

15

Intentional Torts: Defenses

-Consent- if the plaintiff consented for the action to be done
-Self-Defense
-Defense of Others
-Defense of Property
-Recapture of Converted Property
-Privilege of Public Necessity- acting to protect interests of the public