Street Law Chapter 19

Front 1

Actions taken to deliberately harm another person or their property are called ...

Back 1

Intentional Torts

Front 2

What are the 2 types of Intentrional torts?

Back 2

1. Intentional torts causing injury to persons
2. Intentional torts causing harm or damage to property

Front 3

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)?

Back 3

Compensatory Damages

Front 4

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?

Back 4

Nominal Damages

Front 5

What do we call damages awarded to a plaintiff to punish the defendant for malicious, willful, or outrageous acts?

Back 5

Punitive damages

Front 6

What are the 5 most common torts causing injury to a person?

Back 6

1. Battery
2. Assault
3. Infliction of Emotional Distress
4. False Imprisonment
5. Defamation

Front 7

What do we call the intentional tort that occurs when a person intentionally causes a harmful or offensive contact with another person?

Back 7

Battery

Front 8

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?

Back 8

Assault

Front 9

This type of tort is committed when a person intentionally uses words or actions that are menat to cause extreme anxiety or emotional distress

Back 9

Infliction of Emotional Distress

Front 10

This type of tort occurs when a person intentionally and wrongfully confines another person against his or her will.

Back 10

False Imprisonment

Front 11

This type of tort includes actions that harm a person's reputation and can be classified as oral or written.

Back 11

Defamation

Front 12

What type of tort is an oral statement that harms another person's reputation?

Back 12

Slander

Front 13

What type of tort is an written statement that harms another person's reputation?

Back 13

Libel

Front 14

What 2 ways does tort law protect your property?

Back 14

1. Protects against interference with the owner's exclusive right use of property.
2. Protects against property being taken or damaged.

Front 15

What are the 3 types of property protected by tort law?

Back 15

1. Real property
2. Personal property
3. Intellectual property

Front 16

What type of property includes land and the items attached to it such as houses, crops, and fences?

Back 16

Real Property

Front 17

What type of property includes property that can be moved such as cars, clothing, and appliances?

Back 17

Personal Property

Front 18

What type of property includes the ownership interest in creations of a person's mind?

Back 18

Intelletual Property

Front 19

What is the name of the tort that occurs when a person enters another person's property without permission?

Back 19

Trespass

Front 20

A doctrine that says if a person keeps something on his or her premises that is likely to attract children,that person must take reasonable steps to protect children against dangers the condition might cause.

Back 20

Attractive Nuisance doctrine

Front 21

Are most people who enter your house trespassers?

Back 21

No, most are guests, business people (repairmen), and customers

Front 22

Does the law impose a higher responsibility on business owners for the safety of people who enter their property?

Back 22

Yes, they must inspect their property to make sure it is safe for visitors as often as is necessary.

Front 23

A _____________ occurs when there is an unreasonable interference with your ability to use and enjoy your property without anyone physically entering your property.

Back 23

Nuisance - (playing basketball at 1 a.m.)

Front 24

Do you have a right to be free from all interference to your property?

Back 24

NO! only from unreasonable interference. If your neighbors are holding a graduation party on a Sunday afternoon and you can hear hear the crowd or the music, it's not a nuisance

Front 25

What do we call a court order that requires a defendant to stop an activity that is considered a nuisance

Back 25

Injunction

Front 26

This occurs when someone unlawfully takes control of your property for a long period of time and acts as if they own it.

Back 26

Conversion

Front 27

Are you allowed to use reasonable force to protect your property.

Back 27

Yes, however deadly force can never be used to protect property

Front 28

What type of propery describes the creations of people's minds such as music, art, software, etc.?

Back 28

Intellectual Property

Front 29

A _________ recognizes your ownership of an invention.

Back 29

Patent

Front 30

A _________ recognizes your ownership of creative expression such as music, movies, songs, and software.

Back 30

Copyright

Front 31

What do we call the tort when someone uses patented or copyrighted work without permission?

Back 31

Infringement

Front 32

How long does a patent protect an invention?

Back 32

20 years

Front 33

How long is a copyrighted work protected for?

Back 33

For the life of the author plus 70 years

Front 34

_____________ means that once the copyright owner sells a copy of his work, the lawful owner of that particular piece may resell it.

Back 34

First sale

Front 35

What are the 3 types of defenses to intentional torts?

Back 35

1. Consent
2. Privilege
3. Self-defense

Front 36

This defense allows conduct that would otherwise be considered a tort because pubic policy is best served by permitting such behavior.

Back 36

Privilege (a police officer detaining someone while arresting them with an arrest warrant)

Front 37

This defense to a tort means that the plaintiff agreed to the harmful conduct and gives up the right to sue later.

Back 37

Consent

Front 38

This defense to a tort allows someone to use reasonable force to defend themselves

Back 38

Self-defense

Front 39

Does "Self-defense" allow you to come to the rescue of another person?

Back 39

Yes

Front 40

This defense allows people to use reasonable force to defend their homes and property.

Back 40

Defense of Property

Front 41

May someone use deadly force to protect their property?

Back 41

No

Front 42

What is the name of the tort that affects a large group of people? (ex, lights at Wrigley Field)

Back 42

Public Nuisance

Front 43

What are the 3 types of land users?

Back 43

1. Trespassers
2.Licensees
3. Invitees

Front 44

A land user who enters the property of another without permission

Back 44

Trespasser

Front 45

Policemen, firefighters, and door to door salesmen are examples of this type of land user

Back 45

Licensees

Front 46

One’s persons interference with another’s rights either through intent, negligence, or strict liability

Back 46

Tort

Front 47

a person who commits a tort

Back 47

Tortfeasor

Front 48

What are the 2 major groups of torts?

Back 48

1. Intentional torts
2. Unintentional torts

Front 49

an individual is responsible for all injuries they cause even if a pre-existing condition exists that they did not know about

Back 49

Eggshell plaintiff rule

Front 50

Can "intent" be transferred from one victim to another?

Back 50

Yes - If you intend to hit one person and hit another person by mistake you will be charged with battery

Front 51

This occurs when a statement was made with the knowledge that it was false or with a reckless disregard for whether it was true or false

Back 51

Actual Malice

Front 52

What is another name for personal property?

Back 52

Chattel