Torts For Pharmacy Law Class

Front 1

true/false: torts are creatures of state law and there are essentially no federal law torts.

Back 1

true

Front 2

true/false: a single conduct can be both criminal and tortious

Back 2

true

Front 3

which of the following is NOT one of the elements that tort ALWAYS involves:
a) a legal duty
b) a personal tort or property tort (damage)
c) breach
d) financial loses
e) breath of duty caused the injury

Back 3

d) financial loses.

Front 4

there are two types of "causes" involved in torts, the following is a definition of which type of cause?
"defendant's conduct must have been a substantial factor in bringing about the event causing the injury. this simply is a question of fact."

Back 4

actual cause

Front 5

when asking the question, "was the harm which occurred a reasonably foreseeable consequence of the tortious conduct?" what are we really trying to get at?

Back 5

if there is proximate/legal cause.

Front 6

what is the level of burden of proof in a tort action?

Back 6

bu a preponderance of the evidence

Front 7

when a defendant is punished for extremely harmful conduct, intentional harm, etc. what kind of damages must the defendant pay, in particular?

Back 7

punitive damages

Front 8

assault, battery, defamation, privacy torts, false imprisonment, intentional infliction of emotional distress, intentional torts against property, and conversion, are all what kind of torts?

Back 8

intentional torts (the intent which must be shown is the defendant's intent, not necessarily to harm the plaintiff, but to take a purposeful action that the defendant know or reasonably should have known would harm the plaintiff.

Front 9

oral defamation is known as ___, written defamation is known as ___.

Back 9

slander; libel.

Front 10

true/false: the tort of conversion requires that there is intent to permanently deprive owner of use or possession of the property.

Back 10

false

Front 11

a person is said to be negligent if:
a. failing or omitting to do what would be done by a reasonable and prudent person in the same or similar circumstances
b. making a stupid mistake
c. not living up to the high standards of a pharmacist
d. dropping things, constantly, all the tme.

Back 11

a is the correct answer.

Front 12

res ipsa loquitur translates into what?

Back 12

the thing speaks for itself

Front 13

if a statute is enacted to prevent a certain type of harm and a defendant violates that statute, causing that type of harm to the plaintiff, the plaintiff may use proof of violation of the statute to prove that the defendant was ___________ in causing the injury.

Back 13

negligent per se

Front 14

in a modified comparative negligence defense, what must be found before the plaintiff can recover anything?

Back 14

that the defendant must be found to be more than 50% at fault.
this is the doctrine followed in colorado.

Front 15

_______ torts apply to activities that are deemed to be so inherently and abnormally dangerous that no amount of due care can make them safe, yet they have social utility and so are not prohibited

Back 15

strict liability torts

Front 16

the main difference between a mistake and a negligence is...?

Back 16

that a mistake is something that a reasonable and prudent pharmacist would have done under the same or similar circumstances.