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76 Cards in this Set

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INTENTIONAL TORTS - ASSAULT

VA follows the COMMON LAW RULE which states that ___________ DAMAGES may be awarded where D's actions have been MALICIOUS.
INTENTIONAL TORTS - ASSAULT

VA follows the COMMON LAW RULE which states that PUNITIVE DAMAGES may be awarded where D's actions have been MALICIOUS.
INTENTIONAL TORTS - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Does VA require P to show that he suffered PHYSICAL INJURY?
NO!

VA does NOT require the P to show that he suffered PHYSICAL INJURY!
INTENTIONAL TORTS - DEFENSE OF OTHERS

VA follows the MAJORITY RULE which says that a person may defend another person w/ ________ ONLY when the other person _________ HAVE used force to protect himself.
INTENTIONAL TORTS - DEFENSE OF OTHERS

VA follows the MAJORITY RULE which says that a person may defend another person w/ FORCE ONLY when the other person COULD HAVE used force to protect himself.
LIBEL

VA distinguishes between libel PER _____ and libel PER ______.
LIBEL

VA distinguishes between libel PER SE and libel PER QUOD.
LIBEL PER SE: A statement which is libelous ON ITS _______ and is actionable (WITH/WITHOUT) proof of SPECIAL DAMAGES.
LIBEL PER SE: A statement which is libelous ON ITS FACE and is actionable WITHOUT proof of SPECIAL DAMAGES.
LIBEL PER QUOD: This is a statement that is _____ defamatory on its face and requires proof of ________ DAMAGES to be pleaded and proved.
LIBEL PER QUOD: This is a statement that is NOT defamatory on its face and requires proof of SPECIAL DAMAGES to be pleaded and proved.
RIGHT TO PRIVACY

VA recognizes all 4 branches of this tort:

(1) ___________ of P's photo or name for D's commercial gain;

(2) Intrusion by D into P's _________ or SECLUSION;

(3) Public disclosure of _______ facts about P by D; and

(4) ____________ by D of facts that place P in a _______ LIGHT.
RIGHT TO PRIVACY

VA recognizes all 4 branches of this tort:

(1) APPROPRIATION of P's photo or name for D's commercial gain;

(2) Intrusion by D into P's AFFAIRS or SECLUSION;

(3) Public disclosure of PUBLIC facts about P by D; and

(4) PUBLICATION by D of facts that place P in a FALSE LIGHT.
NEGLIGENCE - DUTY OF CARE (PROFESSIONALS)

In VA, a professional is required to possess and exercise the KNOWLEDGE and ________ of a member of the profession in GOOD __________ in a similar ___________.
NEGLIGENCE - DUTY OF CARE (PROFESSIONALS)

In VA, a professional is required to possess and exercise the KNOWLEDGE and SKILL of a member of the profession in GOOD STANDING in a similar COMMUNITY.
NEGLIGENCE - CHILDREN

In VA, a child BELOW the age of _____ is deemed INCAPABLE of being negligent.

For children ages ____ to ____, there is a _____________ PRESUMPTION that a child CANNOT be negligent.
NEGLIGENCE - CHILDREN

In VA, a child BELOW the age of 7 is deemed INCAPABLE of being negligent.

For children ages 7 to 14, there is a REBUTTABLE PRESUMPTION that a child CANNOT be negligent.
NEGLIGENCE - ATTRACTIVE NUISANCE DOCTRINE

VA _________ this doctrine!

However, VA says that where __________ are concerned, the ________ OF CARE to be exercised is __________ than where adults alone are involved.
NEGLIGENCE - ATTRACTIVE NUISANCE DOCTRINE

VA REJECTS this doctrine!

However, VA says that where CHILDREN are concerned, the DEGREE OF CARE to be exercised is GREATER than where adults alone are involved.
DEFENSES TO NEGLIGENCE

VA is a (contributory/comparative) NEGLIGENCE state.
DEFENSES TO NEGLIGENCE

VA is a CONTRIBUTORY NEGLIGENCE state.
PRODUCTS LIABILITY - IMPLIED WARRANTY OF MERCHANTABILITY (PRIVITY)

Lack of privity between the P and D is ____ defense in any action brought against the ___________ or _________ of goods to recover damages for breach of ________ (express or implied) or for __________.
PRODUCTS LIABILITY - IMPLIED WARRANTY OF MERCHANTABILITY (PRIVITY)

Lack of privity between the P and D is NO defense in any action brought against the MANUFACTURER or SELLER of goods to recover damages for breach of WARRANTY (express or implied) or for NEGLIGENCE.
FAMILY CAR DOCTRINE

VA _______ the family car doctrine!

The ________ of an automobile (IS/IS NOT) liable for the tortious conduct of FAMILY or __________ members who are driving w/ the owner's _________.
FAMILY CAR DOCTRINE

VA REJECTS the family car doctrine!

The OWNER of an automobile IS NOT liable for the tortious conduct of FAMILY or HOUSEHOLD members who are driving w/ the owner's PERMISSION.
LIABILITY - PARENT FOR CHILD

In VA, a parent is liable BY STATUTE for ________ or MALICIOUS DAMAGE done by his child to PUBLIC or ________ PROPERTY up to the amount of $_______.
LIABILITY - PARENT FOR CHILD

In VA, a parent is liable BY STATUTE for WILLFUL or MALICIOUS DAMAGE done by his child to PUBLIC or PRIVATE PROPERTY up to the amount of $2500.
CHARITABLE IMMUNITY

Charitable institutions are immune from liability for ___________ arising from acts of its SERVANTS and ________ if ______ CARE has been exercised in their hiring.
CHARITABLE IMMUNITY

Charitable institutions are immune from liability for NEGLIGENCE arising from acts of its SERVANTS and AGENTS if DUE CARE has been exercised in their hiring.
An interference w/ P's possessory rights in a chattel that is so serious as to warrant that D pay full value for the chattel.
CONVERSION: An interference w/ P's possessory rights in a chattel that is so serious as to warrant that D pay full value for the chattel.
Contact that P has not expressly or impliedly consented to.
OFFENSIVE CONTACT: Contact that P has not expressly or impliedly consented to.
For an intentional tort, D need NOT intend to cause harm to the person, but rather an intent to ___________________
_____________________________.
For an intentional tort, D need NOT intend to cause harm to the person, but rather an intent to BRING ABOUT THE HARMFUL OR OFFENSIVE CONTACT.
INTENT - INTENTIONAL TORTS

The intent to bring about the consequences that are the basis of the tort.

An actor "intends" these consequences when his goal is to bring them about or when he knows w/ ___________
_________ that they will result from his actions.
INTENT - INTENTIONAL TORTS

The intent to bring about the consequences that are the basis of the tort.

An actor "intends" these consequences when his goal is to bring them about or when he knows w/ SUBSTANTIAL CERTAINTY that they will result from his actions.
Physical damage or interference w/ P's possession of personal property (a lot of damage)

+ Intent

+ Causation
_____________
Physical damage or interference w/ P's possession of personal property (a lot of damage)

+ Intent

+ Causation
_____________

CONVERSION
Way to make non-outrageous conduct outrageous:

- If conduct is _____________;

- Type of P (________, ELDERLY, PREGNANT);

- Type of D (COMMON __________, INNKEEPERS.
Way to make non-outrageous conduct outrageous:

- If conduct is CONTINUOUS;

- Type of P (CHILDREN, ELDERLY, PREGNANT);

- Type of D (COMMON CARRIERS, INNKEEPERS.
"SHOPLIFTING DETENTIONS"

- Shopkeeper must have ____________ BELIEF that a theft has occurred;

- Must be a REASONABLE ___________ of detention (ie. no deadly force);

- Detention may only be for a ____________ PERIOD OF TIME.
"SHOPLIFTING DETENTIONS"

- Shopkeeper must have REASONABLE BELIEF that a theft has occurred;

- Must be a REASONABLE MANNER of detention (ie. no deadly force);

- Detention may only be for a REASONABLE PERIOD OF TIME.
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

____________ as to the effect of D's conduct will satisfy the INTENT REQUIREMENT.
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

RECKLESSNESS as to the effect of D's conduct will satisfy the INTENT REQUIREMENT.
WHAT IS THIS?

(1) Extreme + outrageous conduct causing severe emotional distress

(2) Damages (severe emotional distress)

- Actual damages (NOT nominal) required

- Physical injury NOT required

- Intent

- Causation

- Damages (severe emotional distress)
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

(1) Extreme + outrageous conduct causing severe emotional distress

(2) Damages (severe emotional distress)

- Actual damages (NOT nominal) required

- Physical injury NOT required

- Intent

- Causation

- Damages (severe emotional distress)
WHAT IS THIS?

A sufficient act of restraint w/i a bounded area + intent + causation.

- P must know of confinement or be _______ by it

- No reasonable means of escape _______ to P
FALSE IMPRISONMENT:

A sufficient act of restraint w/i a bounded area + intent + causation.

- P must know of confinement or be HARMED by it

- No reasonable means of escape KNOWN to P
WHAT IS THIS?

A reasonable apprehension of an imminent battery + intent + causation.

- Apprehension does NOT = fear/intimidation

- Apparent ability is sufficient

- Words alone are NOT enough
ASSAULT:

A reasonable apprehension of an imminent battery + intent + causation.

- Apprehension does NOT = fear/intimidation

- Apparent ability is sufficient

- Words alone are NOT enough
One may use ____________ if he has a reasonable belief that a tort is being or about to be committed.
One may use SELF-DEFENSE if he has a reasonable belief that a tort is being or about to be committed.
WHAT IS THIS?

- Harmful or offensive contact

- To P's person

- Intent

- Causation


NOTE: Need only touch something CONNECTED to P's body (ex. tray)
BATTERY:

- Harmful or offensive contact

- To P's person

- Intent

- Causation


NOTE: Need only touch something CONNECTED to P's body (ex. tray)
NECESSITY:

Applicable ONLY to _______ TORTS!

If there is a PRIVATE NECESSITY, remember to award MONEY for ________ INJURY caused.
NECESSITY:

Applicable ONLY to PROPERTY TORTS!

If there is a PRIVATE NECESSITY, remember to award MONEY for ACTUAL INJURY caused.
Liability for another's tortious conduct.
VICARIOUS LIABILITY: Liability for another's tortious conduct.
WHAT IS THIS?

o Product was not safe for its INTENDED ____; or

o Product could have been MADE safe w/o serious impact on its _______ or UTILITY.
DEFECTIVE DESIGN:

o Product was not safe for its INTENDED USE; or

o Product could have been MADE safe w/o serious impact on its PRICE or UTILITY.
DEFECTIVE MANUFACTURE: A mistake is made in the manufacturing of a product, which causes the product to be ____________ _____________.
DEFECTIVE MANUFACTURE: A mistake is made in the manufacturing of a product, which causes the product to be UNREASONABLY DANGEROUS.
FAILURE TO WARN: Product is unsafe b/c the manufacturer has NOT given __________ WARNINGS of the dangerousness of the product.
FAILURE TO WARN: Product is unsafe b/c the manufacturer has NOT given ADEQUTE WARNINGS of the dangerousness of the product.
WHAT IS THIS?

o Physical invasion of D of P's land;

o Intent; and

o Causation

Does NOT require that D go ONTO the land; however, some object must go onto the land.
TRESPASS TO LAND:

o Physical invasion of D of P's land;

o Intent; and

o Causation

Does NOT require that D go ONTO the land; however, some object must go onto the land.
WHAT IS THIS?

Damage to P's personal property or interference w/ possession

o Intent

o Causation


However, if there is A LOT of damage = _____________
TRESPASS TO CHATTEL:

Damage to P's personal property or interference w/ possession

o Intent

o Causation


However, if there is A LOT of damage = CONVERSION
The "SLANDER PER SE" categories are:

(1) BUSINESS or _________

(2) Crime involving MORAL ___________

(3) LOATHSOME __________

(4) IMPUTING _________ TO A WOMAN
The "SLANDER PER SE" categories are:

(1) BUSINESS or PROFESSION

(2) Crime involving MORAL TURPITUDE

(3) LOATHSOME DISEASE

(4) IMPUTING UNCHASTITY TO A WOMAN
Spoken defamation
SLANDER: Spoken defamation
The written or printed publication of defamatory language.
LIBEL: The written or printed publication of defamatory language.
If a story is published w/ MALICE, it is WITH ____________ that it is false or w/ RECKLESS ____________ as to its truth or falsity.
If a story is published w/ MALICE, it is WITH KNOWLEDGE that it is false or w/ RECKLESS DISREGARD as to its truth or falsity.
PRIMA FACIE CASE FOR DEFAMATION

There MUST be:

(1) DEFAMATORY _________ about P

(2) __________

(3) INJURY TO P'S ___________.


If 1st AMENDMENT applies, then

(4) ___________

(5) FAULT.
PRIMA FACIE CASE FOR DEFAMATION

There MUST be:

(1) DEFAMATORY STATEMENT about P

(2) PUBLICATION

(3) INJURY TO P'S REPUTATION.


If 1st AMENDMENT applies, then

(4) FALSITY

(5) FAULT.
The tort of defamation addresses injury to __________.
The tort of defamation addresses injury to REPUTATION.
TRUE/FALSE:

For NECESSITY to apply, the tort defended against must be a PROPERTY TORT.
TRUE!

For NECESSITY to apply, the tort defended against must be a PROPERTY TORT.
NECESSITY prevails over DEFENSE OF ____________.
NECESSITY prevails over DEFENSE OF PROPERTY.

Ex. P tries to keep D from tying up boat at his pier during storm b/c he doesn't want D to trespass on his land. Necessity trumps defense of property.
PRIVATE NECESSITY: This is for the BENEFIT OF A LIMITED NUMBER and D will be liable for _________ DAMAGE caused.
PRIVATE NECESSITY: This is for the BENEFIT OF A LIMITED NUMBER and D will be liable for ACTUAL DAMAGE caused.
PUBLIC NECESSITY: This is for the benefit of MANY and is an __________, UNLIMITED privilege (ie. no liability).
PUBLIC NECESSITY: This is for the benefit of MANY and is an ABSOLUTE, UNLIMITED privilege (ie. no liability).
One person commits a tortious act against a 3rd party + another person will be liable to the 3rd party for this act.

Ex. Respondeat superior
VICARIOUS LIABILITY: One person commits a tortious act against a 3rd party + another person will be liable to the 3rd party for this act.

Ex. Respondeat superior
An EMPLOYER will be vicariously liable for tortious acts committed by her EMPLOYEE if the tortious acts occur WITHIN THE SCOPE OF THE EMPLOYMENT RELATIONSHIP.
DOCTRINE OF RESPONDEAT SUPERIOR: An EMPLOYER will be vicariously liable for tortious acts committed by her EMPLOYEE if the tortious acts occur WITHIN THE SCOPE OF THE EMPLOYMENT RELATIONSHIP.
TRUE/FALSE:

Intentional tortious conduct by employees is NOT within the scope of employment.
TRUE!

Intentional tortious conduct by employees is NOT within the scope of employment.
In general, a PRINCIPAL will NOT be vicariously liable for tortious acts of her AGENT if the agent is an ____________ ____________.
In general, a PRINCIPAL will NOT be vicariously liable for tortious acts of her AGENT if the agent is an INDEPENDENT CONTRACTOR.
RULE: A principal will NOT be vicariously liable for tortious acts of her agent if the agent is an independent contractor.

EXCEPTIONS:

o The independent contractor is engaged in ____________ DANGEROUS ACTIVITIES

o The duty, b/c of public policy considerations, is _____________.
RULE: A principal will NOT be vicariously liable for tortious acts of her agent if the agent is an independent contractor.

EXCEPTIONS:

o The independent contractor is engaged in INHERENTLY DANGEROUS ACTIVITIES

o The duty, b/c of public policy considerations, is NONDELEGABLE.
Where 2 or more negligent acts combine to PROXIMATELY CAUSE an INDIVISIBLE injury, EACH negligent actor will be liable to P for the ENTIRE DAMAGES INCURRED.
JOINT AND SEVERAL LIABILITY: Where 2 or more negligent acts combine to PROXIMATELY CAUSE an INDIVISIBLE injury, EACH negligent actor will be liable to P for the ENTIRE DAMAGES INCURRED.
If a person shoots at a person intending to kill her, and a 3rd person is killed, intent is transferred to the killing of the 3rd person.
TRANSFERRED INTENT: If a person shoots at a person intending to kill her, and a 3rd person is killed, intent is transferred to the killing of the 3rd person.
D'S TORTIOUS CONDUCT WAS "RECKLESS"

In a CONTRIBUTORY negligence state, it (will / will NOT) be a good defense.

In a COMPARATIVE NEGLIGENCE state, contributory negligence will ________ the amount of the award.
D'S TORTIOUS CONDUCT WAS "RECKLESS"

In a CONTRIBUTORY negligence state, it will NOT be a good defense.

In a COMPARATIVE NEGLIGENCE state, contributory negligence will OFFSET the amount of the award.
List 3 defenses to intentional torts---->
DEFENSES TO INTENTIONAL TORTS:

(1) Consent

(2) Self-Defense

(3) NECESSITY
NECESSITY is only a defense to torts against __________.
NECESSITY is only a defense to torts against PROPERTY.
TRUE/FALSE:

PUBLIC NECESSITY---->D (is / is NOT) liable for damages.
TRUE/FALSE:

PUBLIC NECESSITY---->D is NOT liable for damages.
SELF-DEFENSE (3 step approach):

(1) Determine whether _______ requirement is satisfied--->

o Tort must be occurring or about to occur

o NOT met if tort already committed

(2) Determine if defense test satisfied--->

o Must have ________ BELIEF tort was committed or about to be committed

o NO DUTY TO ________

(3) D must have used proper _______ of force
SELF-DEFENSE (3 step approach):

(1) Determine whether TIMING requirement is satisfied--->

o Tort must be occurring or about to occur

o NOT met if tort already committed

(2) Determine if defense test satisfied--->

o Must have REASONABLE BELIEF tort was committed or about to be committed

o NO DUTY TO RETREAT

(3) D must have used proper AMOUNT of force
How much force can one use in defending himself or others?
One can use REASONABLE FORCE (even DEADLY FORCE) in defending himself or others.
For defense of PROPERTY, one can use REASONABLE FORCE, NEVER to include ________ FORCE!
For defense of PROPERTY, one can use REASONABLE FORCE, NEVER to include DEADLY FORCE!
DEFENSES TO DEFAMATION--->(3)
DEFENSES TO DEFAMATION:

(1) CONSENT

(2) TRUTH (however, NOT a defense in a 1st Amendment case)

(3) ABSOLUTE OR QUALIFIED PRIVILEGE EXISTS (ex. communication between spouses)
SLANDER: P must prove ________ DAMAGES unless defamation falls w/i SLANDER PER SE.
SLANDER: P must prove SPECIAL DAMAGES unless defamation falls w/i SLANDER PER SE.
Damages will NOT be reduced just b/c P receives payment from another source.
COLLATERAL SOURCE RULE: Damages will NOT be reduced just b/c P receives payment from another source.
One who enters on land w/ the possessor's permission for HIS OWN PURPOSE OR BUSINESS.
LICENSEE: One who enters on land w/ the possessor's permission for HIS OWN PURPOSE OR BUSINESS.
One who enters land in response to an invitation from the landowner.
INVITEE: One who enters land in response to an invitation from the landowner.
RES IPSA LOQUITUR requires P to show that:

(1) The accident causing the injury is a type that would NOT _________ occur UNLESS someone was negligent; AND

(2) The negligence was attributable to ____.
RES IPSA LOQUITUR requires P to show that:

(1) The accident causing the injury is a type that would NOT NORMALLY occur UNLESS someone was negligent; AND

(2) The negligence was attributable to D.
Negligence on the part of P that contributes to her injury.
CONTRIBUTORY NEGLIGENCE: Negligence on the part of P that contributes to her injury.
Uninterrupted chain of events between a negligent act + injury.
DIRECT CAUSATION: Uninterrupted chain of events between a negligent act + injury.
INDIRECT CAUSATION: Between the negligent act + injury there is an __________ FORCE which combines w/ the prior act to cause injury.
INDIRECT CAUSATION: Between the negligent act + injury there is an INTERVENING FORCE which combines w/ the prior act to cause injury.
This breaks the causal connection between D's initial negligent act + P's ultimate injury (thus relieving D of liability).
SUPERSEDING FORCE: This breaks the causal connection between D's initial negligent act + P's ultimate injury (thus relieving D of liability).
D must take P as he ____ him!
D must take P as he FINDS him!
D is liable for ALL damages, including __________ of an existing condition, EVEN IF the ______ or SEVERITY of the damages was __________.
D is liable for ALL damages, including AGGRAVATION of an existing condition, EVEN IF the EXTENT or SEVERITY of the damages was UNFORESEEABLE.
When defamation involves a matter of PUBLIC CONCERN, P must prove:

(1) _________ of the statement;

(2) _________ on the part of D.
When defamation involves a matter of PUBLIC CONCERN, P must prove:

(1) FALSITY of the statement;

(2) FAULT on the part of D.
In a cause of action for DEFAMATION, a PUBLIC OFFICIAL OR FIGURE must prove ________.
In a cause of action for DEFAMATION, a PUBLIC OFFICIAL OR FIGURE must prove MALICE.
DEFAMATION - MALICE:

o __________ that a statement is false; or

o RECKLESS _________ as to its truth or falsity.
DEFAMATION - MALICE:

o KNOWLEDGE that a statement is false; or

o RECKLESS DISREGARD as to its truth or falsity.
SPECIAL DAMAGES: P must have suffered some __________ LOSS in order to recover.
SPECIAL DAMAGES: P must have suffered some PECUNIARY LOSS in order to recover.
For STRICT LIABILITY, the following elements must be shown:

(1) Existence of an ________ DUTY on the part of D to MAKE _______;

(2) _______ of that duty;

(3) The breach of the duty was the ______ AND PROXIMATE CAUSE of P's injury; and

(4) _______ to P's person or property.
For STRICT LIABILITY, the following elements must be shown:

(1) Existence of an ABSOLUTE DUTY on the part of D to MAKE SAFE;

(2) BREACH of that duty;

(3) The breach of the duty was the ACTUAL AND PROXIMATE CAUSE of P's injury; and

(4) DAMAGE to P's person or property.