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22 Cards in this Set
- Front
- Back
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What are the 2 types of Intentrional torts?
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1. Intentional torts causing injury to persons
2. Intentional torts causing harm or damage to property |
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What do we call damages a court requires a defendant to pay to compensate a person for harm caused (either financial loss, or pain and suffering)?
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Compensatory Damages
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What do we call damages paid to a plaintiff that are only a small or token amount of money to show that the claim was justified?
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Nominal Damages
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What do we call damages awarded to a plaintiff to punish the defendant for malicious, willful, or outrageous acts?
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Punitive damages
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What are the 5 most common torts causing injury to a person?
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1. Battery
2. Assault 3. Infliction of Emotional Distress 4. False Imprisonment 5. Defamation |
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What do we call the intentional tort that occurs when a person intentionally causes a harmful or offensive contact with another person?
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Battery
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What do we call the intentional tort that occurs when a person goes beyond mere words and intentionally makes someone fear an immediate harmful or offensive act?
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Assault
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This type of tort is committed when a person intentionally uses words or actions that are menat to cause extreme anxiety or emotional distress
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Infliction of Emotional Distress
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This type of tort occurs when a person intentionally and wrongfully confines another person against his or her will.
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False Imprisonment
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This type of tort includes actions that harm a person's reputation and can be classified as oral or written.
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Defamation
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What type of tort is an oral statement that harms another person's reputation?
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Slander
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What type of tort is an written statement that harms another person's reputation?
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Libel
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What are the 3 types of defenses to intentional torts?
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1. Consent
2. Privilege 3. Self-defense |
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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 2 major groups of torts?
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1. Intentional torts
2. Unintentional torts |
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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
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Eggshell plaintiff rule
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Can "intent" be transferred from one victim to another?
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Yes - If you intend to hit one person and hit another person by mistake you will be charged with battery
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Can "intent" be transferred from one victim to another?
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Yes - If you intend to hit one person and hit another person by mistake you will be charged with battery
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What are the 3 requirements of Assault?
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1. The danger must be imminent (immediate)
2. The assault must be intentional 3.Mere words alone are not considered an assault in many states. |
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What are the 3 requirements for battery to occur?
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I1.ntentional
2. The act must cause a contact with the individual 3.The contact must be harmful or offensive to the victim |
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What are the 4 elements of emotional distress?
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1.Intentionally inflicted
2.Behavior is extreme and outrageous 3.Behavior causes emotional distress 4.The emotional distress is severe |
