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50 Cards in this Set

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Prima Facie (adj)
Sufficient to establish a fact or raise a presumption unless disprovfed or rebutted
Prima Facie (adv)
At first sight; on first appearance but subject to further evidence or information.
Prima Facie Case
1.The establishment of a legally required rebuttable presumption; 2 A party's production of enough evidence to allow a fact-trier to infer the fact at issue and rule in the party's favor.
Property Torts
1-Trespass to Land;
2-Trespass to personal property;
3-Conversion.
Personal Injury Torts
1-Battery;
2-Assault;
3-False Imprisonment;
4-Intentional Infliction of Emotional Distress
Battery
Harmful or offensive contacdt with another, resulting from intention to cause that contact, or from an intention to put another in apprehension that a harmful or offensive contact is imminent.
Physical Contact Requirement
Must be direct or indirect physical contact with plaintiff. May be by some object set in motion by defendant (i.e., weapon) or some force such as electricity. See Garratt v. Daily: D pulled chair from under P. P was injured as she fell. P initiated force to sit, but harmful contact was initiated by D, which satisfied the tort.
Intent (Battery)
Requisite for battery. Not necessarily intent to cause harm. D must intend consequenxes against whcih the law protects P, but need not have malicioius intent or even understand action is wrongful. In Vosburg v. Putney, D touched P's leg with no intention of harm, but aggravasted earlier injury.
Transferred Intent (Battery)
While D must intend harmful or offensive contact with someone, the P may not be the person originally intended for contact by D.
Assault
Assault occurs when D (whether to cause or threaten battery) puts P in fear of imminent harmful or offensive contact (i.e., suffering a battery). The interest protected in P's mental peace. The apprehension of imminent harmful or offensive contact is key.
Apprehension (assault)
Fear, anxiety
False Imprisonment
Unjustified imprisonment restricts P's freedom of movement, not harmful or offensive contact. Confinement must be total (forcing P to take the long way around to reach destination is NOT sufficient), and provide no way out, no matter how large the space he is in.
Intentional Infliction of Emotional Distress
No physical contact, no threat of contact and no confinement...but D acts to intentionally interfere severely with P's peace of mind. Requires extreme outrageous behavior that causes severe emotional distress.
Defenses to personal injury tort liability
Consent;
Self defense and defense of others;
Two forms of trespass -
Trespass to Land;
Trespass to Personal Property
Wrongs in which D breaches boundary of or touches P's OR personal property, or otherwise physically interfers with P's right of possession, which includes the right to exclde others from occupying or using the property. Trespass is actionable without proof of actual damage, although unusual in modern time.
Property Torts
Trespass to land;
Trespass to Personal Property;
Conversion;
Essence is interference with P's right to possess and control his/her personal property.
Conversion (torts)
The wrongful possession or disposition of another's property as if it were one's own; an act or series of acts of willful interference, without lawful justificatrion, with an item of property in a manner inconsistent with another's right, whereby that other person is deprived of the use and possession of the property.
Conveyance (torts)
1-The voluntary transfer of a right or of property;
2-The transfer of a property right that does not pass by delivery of a thin or merely by agreement;
3-The transfer of an interest in real property from one living person to another, by means of an instrument such as a deed.
Necessity (torts)
A privilege that may relieve a person from liability for trespass or conversion if that person, having no alternative, harms another's property in an effort to protect life or health.
Public Necessity (torts)
A necessity that involves the public interest and thus completely excuses the defendant's liability. (i.e., tearing down P's house to prevent expansion of fire to remainder of town)
Private Necessity (torts)
A necessity that involves only the defendant's personal interest and thus provides only a limited privelege. (i.e., risk is local to private property, but can be minimized by destroying anothers property)
Defense of Propety
A justification defense available if one harms or threatens another when defending one's property.
Recapture of Chattels
A property owner has the general right to use reasonable force to regain possession of chattels taken from her by someone else.
Chattel
Moveable or transferable property
Two forms of trespass -
Trespass to Land;
Trespass to Personal Property
Wrongs in which D breaches boundary of or touches P's OR personal property, or otherwise physically interfers with P's right of possession, which includes the right to exclde others from occupying or using the property. Trespass is actionable without proof of actual damage, although unusual in modern time.
Property Torts
Trespass to land;
Trespass to Personal Property;
Conversion;
Essence is interference with P's right to possess and control his/her personal property.
Conversion (torts)
The wrongful possession or disposition of another's property as if it were one's own; an act or series of acts of willful interference, without lawful justificatrion, with an item of property in a manner inconsistent with another's right, whereby that other person is deprived of the use and possession of the property.
Conveyance (torts)
1-The voluntary transfer of a right or of property;
2-The transfer of a property right that does not pass by delivery of a thin or merely by agreement;
3-The transfer of an interest in real property from one living person to another, by means of an instrument such as a deed.
Necessity (torts)
A privilege that may relieve a person from liability for trespass or conversion if that person, having no alternative, harms another's property in an effort to protect life or health.
Trespass to Chattel
Intentional interference with plaintiff's chattel resulting in damage
Recovery of property/Recapture of chattel
Privilege to use force to recapture a chattel which has been taken from your possession (not trying to prevent a tort)
Negligence
Failure to exercise that degree of care and caution which a reasonable and prudent person would exercise under like conditions and circumstances
Elements of Negligence
1.Duty to use reasonable care. Actor is to conform to a certain standard of conduct for the protection of others against unreasonable risk.

2.Breach of duty. Failure to conform to the required standard, i.e., engaging in conduct which exposes others to an unreasonable risk of harm.

3.Causation.
a.Actual cause ("but for" or "substantial factor" tests).
b.Proximate cause. Reasonably close causal connection between the conduct and the resulting injury.

4.Damage. Actual loss or damage is required
Proximate Cause
Whether the defendant's liability should be cut off even though the defendant's conduct was both negligent and a factual cause of plaintiff's injury.
Contributory Negligence
Conduct on the part of the plaintiff which falls below the standard to which he is required to conform for his own protection and which contributes as a legal cause to the harm he has suffered.
Imputed Negligence
By reason of some relationship between A & B the negligence of A is charged to B.
Joint Tortfeasors
Multiple defendants should share financial responsibility for the harm which has been inflicted on plaintiff.
Assumption of the Risk
If the plaintiff expressly or impliedly consents to relieve the defendant of an obligation of conduct toward the plaintiff and to take his chances of harm from a particular risk, he is held to have assumed that risk and he is barred from recovering.
Foreseeable results with unforseeable intervening forces
The conduct of defendant #1 threatens a result of a particular kind and an intervening force which could not have been anticipated produces the same result.
Libel
written or printed words or by embodiment in physical form or any other form of communication which has potentially harmful qualities associated with printed or written words
Slander
publication of defamatory statement by spoken words transitory gestures or other communications not included in libel
Unreasonable intrusion
unreasonable and highly offensive intrusion upon your peace of mind which you have gained through your seclusion
Public Disclosure of Private Facts
Unwarranted publication of the intimate details of one's private life that are outside the realm of legitimate public interest
False light in the public eye
invasion of privacy by casting plaintiff in a false light in the public eye.
Malicious Prosecution
wrongful institution of criminal proceedings used as a means of causing harm
Abuse of Process
legal process is set forth in the proper form, with probable cause and possibility of success but is used for an ulterior purpose for which it was not designed
Injurious Falsehood
false and malicious statements with respect to plaintiff's property which result in a financial loss
Interference with existing contractual relations
Invasion of a contractual right to gain profit or to prevent another from enjoying the benefit of a contract.
Interference with prospective contractual relations
Invasion of a prospective contractual right to gain profit or preventing another from enjoying the benefit of a prospective contract
res ipsa loquitur
The doctrine providing that, in some circumstances, the mere fact of an accident's occurrence raises an inference of negligence that establishes a prima facie case.