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48 Cards in this Set
- Front
- Back
Tort law is based on the idea that ________________.
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Everyone has certain rights and a duty to respect the rights of others
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What is the purpose of tort law?
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Enforc the rights and duties of individuals and groups
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One’s persons interference with another’s rights either through intent, negligence, or strict liability
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Tort
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A person who commits a tort
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Tortfeasor
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What are the 3 elements of a tort?
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1.The possession of certain rights by an innocent party
2.A violation of those rights by a tortfeasor 3.A resulting injury that somehow hurts the person whose rights were violated |
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Can a tort also be a crime?
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Yes - "assault" is an example
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What is the purpose of criminal law?
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To punish the offender
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What is the purpose of tort law?
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To compensate the victim
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What do you call the amount of money that the defendant has to pay to the victim?
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Damages
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Damages can be awarded to pay for …
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1.Medical expenses incurred
2.All expenses incurred by the victim 3.To repair or replace damaged property 4.Pain and suffering 5.Pay for lost wages |
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What are the 2 types of torts?
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Intentional torts and Unintentional torts
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Actions that deliberately hurt, embarrass, or scare people
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Intentional Torts
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What are the 6 types of intentional torts covered in class?
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Assault, Battery, False Imprisonment, Defamation,Invasion of Privacy, Intentionally causing emotional distress
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Threatening or deliberately frightening another person into believing that he or she is about to be injured
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Assault
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the unlawful, unwanted, touching of another person even if the physical contact is not harmful.
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Battery
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The unlawful restraint of a person, whether in prison or otherwise.
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False Imprisonment
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The wrongful act of injuring another’s reputation by making false statements
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Defamation
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What are the 2 categories of "Defamation"?
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1. Libel
2. Slander |
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A false statement in written or printed form that injures another’s reputation or reflects negatively on that person’s character
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Libel
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A false statement made orally to a third party that injures another’s reputation or reflects negatively on that person’s character
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Slander
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The statement was made with the knowledge that it was false or with a reckless disregard for whether it was true or false
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Actual Malice
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Interfering with a person’s right to be left alone.
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Invasion of Privacy
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The actual physical or electronic trespassing of someone’s home or other personal space (car, place of business, computer, etc.)
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Intrusion of Solitude
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A blatant, unauthorized commercial use of a public figures image
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Appropriation Invasion of Privacy
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Intentionally or recklessly causing emotional or mental suffering to others by extreme and outrageous conduct
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Infliction of emotional distress
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An individual is responsible for all injuries they cause even if a pre-existing condition exists that they did not know about (skull thin as an eggshell)
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Eggshell plaintiff rule
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Consists of land and anything permanently attached to that land.
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Real Property
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Consist of things that are movable.
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Personal Property
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What are the two types of trespass?
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Trespass to Land
Trespass to Property |
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A tort that interferes with an owner’s right to exclusive possession of land
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Trespass to Land
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Land and anything built onto the land and things that are attached to the land permanently, growing on the land (can include things under the land like minerals and oil)
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Real Property
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Occurs whenever an individual unlawfully harms the personal property of another or otherwise interferes with the personal property owner’s right to exclusive possession and enjoyment of that property
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Trespass to Property
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Any property that can be moved from one place to another car, ipod, laptop, etc. (not permanently attached
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Personal Property
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Another name for personal property
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Chattel
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A tort that deprives a true owner of the use and enjoyment of his or her personal property by:
Taking over such property; and Exercising ownership rights over it. |
Conversion of Personal Property
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A nuisance that affects only one other person
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Private Nuisance
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Is a danger likely to lure children onto a person's land.
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Attractive nuisance
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Publication of false or derogatory information about a person’s title to their property, to his or her business in general, or anything else made for the purpose of discouraging people from dealing with the individual
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Disparagement
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Is a false or misleading statement by an entrepreneur about a competitor's goods.
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Disparagement of goods
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An equitable legal theory which prohibits a party from waiting so long to file a claim that it becomes unfair to the other party.
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laches
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A legal duty requiring D to conduct himself according to a certain standard, so as to avoid unreasonable risk to others
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Duty of Care
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A defense against negligence whenever the defendant can show that the victim did something that helped cause (contributed to) their own injuries no matter how small a mistake
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Contributory Negligence
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the negligence of each party is compared and the amount of money a plaintiff can recover is reduced by the percent of his/her negligence
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Comparative Negligence
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If the plaintiff’s negligence is greater than the defendant’s negligence , then the plaintiff cannot recover any damages
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50% Rule
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A defense used against negligence that is raised when the plaintiff knew of the risk involved and still took the chance of being injured
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Assumption of Risk
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A legal doctrine that says that some activities are so dangerous that the people engaged in those activities will always be held liable
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Strict Liability
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When injury occurs because of a defect in a product
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Product Liability
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You may file a wrongful death suit against someone if the death of the victim was caused by what 2 circumstance?
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1. Negligence
2. Intentional conduct of the defendant |