Chapter 12 - Intro To Law

Front 1

Restatement of the Law, Second

Back 1

An authoritative secondary source, written by a group of legal scholars, summarizing the existing common law, as well as suggesting what the law should be.

Front 2

Assault

Back 2

An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.

Front 3

Battery

Back 3

An intentional act that creates a harmful or offensive physical contact.

Front 4

Transferred intent

Back 4

A legal fiction that is a person directs a tortious action toward A but instead harms B, the intent to act against A is transferred to B.

Front 5

False imprisonment

Back 5

Occurs whenever one person, through force or the threat of force, unlawfully detains another person against his or her will.

Front 6

Defamation

Back 6

The publication of false statements that harm a person's reputation.

Front 7

Slander

Back 7

Spoken defamation

Front 8

Libel

Back 8

Written defamation

Front 9

Defamation per se

Back 9

Remarks considered to be so harmful that they are automatically viewed as defamatory.

Front 10

Malice

Back 10

Making a defamatory remark either knowing the material was false or acting with a "reckless disregard" for whether or not it was true.

Front 11

Invasion of privacy

Back 11

An intentional tort that covers a variety of situations, including disclosure, intrusion, appropriation, and false light.

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Disclosure

Back 12

The intentional publication of embarrassing private affairs.

Front 13

Intrusion

Back 13

The intentional unjustified encroachment into another person's private activities.

Front 14

Appropriation

Back 14

An intentional unauthorized exploitive use of another person's personality, name, or picture for the defendant's benefit.

Front 15

False light

Back 15

The intentional false portrayal of someone in a way that would be offensive to reasonable person.

Front 16

Loss of consumption

Back 16

The loss by one spouse of the other spouse's companionship, services, or affection.

Front 17

Misfeasance

Back 17

Acting improper or a wrongful way.

Front 18

Nonfeasance

Back 18

Failing to act

Front 19

Res ipsa loquitur

Back 19

"The thing speaks for itself"; the doctrine that suggests negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.

Front 20

Actual cause

Back 20

Also known as cause in facr, that is measured by the "but for" standard: But for the defendant's actions, the plaintiff would not have been injured.

Front 21

Market share theory

Back 21

A legal theory that allows plaintiffs to recover proportionately from a group of manufactures when the identity of the specific manufacturer responsible for the harm is unknown.

Front 22

Proximate cause

Back 22

Once actual cause is found, as a policy matter, the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.

Front 23

Contributory negligence

Back 23

Negligence by the plaintiff that contributed to his of her injury. Normally, it is a complete bar to the plaintiff's recovery.

Front 24

Last clear chance

Back 24

The doctrine that states that despite the plaintiff's contributory negligence, the defendant should still be liable if the defendant was the last one in a position to avoid the accident.

Front 25

Assumption of the risk

Back 25

Voluntary and knowingly subjecting oneself to danger.

Front 26

Exculpatory clause

Back 26

A provision that purports to waive liability.

Front 27

Comparative negligence

Back 27

A method for measuring the relative negligence of the plaintiff and the defendant, with a commensurate sharing of the compensation for the injuries.

Front 28

Recklessness

Back 28

Disregarding a substantial and unjustifiable risk that harm will result.

Front 29

Strict liability

Back 29

Liability without having to prove fault.

Front 30

Ultrahazardous Activities

Back 30

Those activities that have an inherent risk of injury and therefore may result in strict liability.

Front 31

Products liability

Back 31

The theory holding manufactures and sellers liable for defective products when the products unreasonably dangerous.

Front 32

product misuse

Back 32

When the product was not being used for its intended purpose or was being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.