Untitled Deck

Question 1

The two sides of a tort are…

Answer 1

1. Who should be responsible for the damages
2. How much the person responsible should have to pay

Question 2

The people involved are…

Answer 2

1. The plaintiff - harmed person
2. The defendant - person responsible for harm/person who has to pay damages

Question 3

Torts seek to…

Answer 3

1. Win a judgement/lawsuit
2. Receive compensation for the harm done

Question 4

Liability is…

Answer 4

The legal responsibility for harm

Question 5

What does “remedy” mean in torts law?

Answer 5

Something to make up for the harm done

Question 6

What is a settlement?

Answer 6

When 2 parties meet, negotiate, and come to an agreement

Question 7

Intentional Wrong is…

Answer 7

An action done with full intent if injuring a person, their property, or both

Question 8

Negligence is…

Answer 8

An unintentional tort. When a person’s failure to use reasonable care causes harm

Question 8

Strict Liability is…

Answer 8

When the defendant is engages in an activity so dangerous that that there is a serious risk of harm, regardless of if a person acts with reasonable care. (A plaintiff doesn’t have to prove negligence or intentional wrong to recover damages)

Question 9

Compensatory Damages

Answer 9

The award compensates for harm caused by the defendant

Question 9

Nominal Damages

Answer 9

A token amount of money awarded by the court to show that the claim was justified

Question 10

Punitive Damages

Answer 10

Amount of money awarded to the plaintiff to punish the defendants actions. Also serves as a warning to others to not engage in negative conduct

Question 10

Assault and Battery

Answer 10

Battery: When a person intentionally causes harmful or offensive contact with another person

Assault: Attempt/threat to commit battery that puts victim in immediate fear

Question 11

Privilege

Answer 11

Justification for conduct that would otherwise be considered a tort

Question 11

Infliction of Mental Distress

Answer 11

Intentional use of words/actions that cause someone extreme anxiety/emotional distress

Question 11

False Imprisonment

Answer 11

When someone intentionally and wrongfully hold someone against their will

Question 11

Defamation

Answer 11

Acts that harm people’s reputation (oral or written)

Question 12

Slander

Answer 12

Oral statements that harm reputation

Question 13

Libel

Answer 13

Written defamation

Question 14

Real Property

Answer 14

Land and items attached to it

Question 15

Personal Property

Answer 15

Property that can be moved

Question 16

Intentional Property

Answer 16

The ownership interest in creations of a person’s mind

Question 17

Trespass

Answer 17

Occurs when a person enters another person’s property without consent

Question 18

Attractive Nuisance

Answer 18

Use of reasonable care to eliminate a dangerous condition on their land

Question 19

Nuisance

Answer 19

Occurs when there is an unreasonable interference with one’s ability to use/enjoy their land

Question 20

Conversion

Answer 20

The unlawful use/control of another person’s property

Question 21

Patent

Answer 21

Recognizes ownership of an invention

Question 22

Copyright

Answer 22

Ownership of an expression

Question 23

Infringement

Answer 23

Any person who uses the patented/copyright work without permission

Question 24

Consent

Answer 24

The plaintiff agreed to the harmful conduct and thus gave up the right to sue later

Question 24

Self -Defense

Answer 24

Owners have great legal authority over their properties and may use reasonable force to recover their property form a thief

Question 24

Defense of Property

Answer 24

Allows people to use reasonable force to protect their homes/properties

Question 25

The 4 elements to prove Negligence are…

Answer 25

1. Duty - the defendant owed duty of care to the plaintiff/harmed person 2. Breach of Duty - the defendant’s conduct breached that duty 3. Causation - if the defendant’s conduct caused plaintiff’s harm 4. The plaintiff suffered actual injuries or loss

Question 26

Proximate Cause

Answer 26

There must be a close connection between the wrongful act and harm caused

Question 26

Cause in Fact

Answer 26

If the harm would not have occurred without the defendants wrongful act

Question 26

Contributory Negligence

Answer 26

If you contributed to the negligence, you can’t recover damages from the plaintiff

Question 27

Comparative Negligence

Answer 27

Dividing the loss according the degree to which each person is at fault

Question 27

Assumption of Risk

Answer 27

When a person voluntarily encounters a known danger and decides to accept the risk of that danger