Substantive Civil Law - Ch 3

Front 1

criminal law

Back 1

law that regulates the conduct of individuals who threaten the peace and order of society.

Front 2

Civil law

Back 2

law that defines the responsibility of individuals to one another.

Front 3

injunction

Back 3

A prohibitive writ issued by a court of equity forbidding a party to do some act.

Front 4

T/F: Many types of civil law are created by statute.

Back 4

True. Ex.: Internal Revenue Code

Front 5

4 Fundamental Areas of Common Law

Back 5

1. Torts
2. Contracts
3. Law of Real Property
4. Law of Wills & Descent

Front 6

tort

Back 6

an act or omission to act that causes legal harm to another, committed under such circumstances where the law imposes a duty to refrain from causing such harm.

Front 7

Types of Torts

Back 7

1. Intentional
2. Negligent
3. Strict - liability

Front 8

writ of trespass

Back 8

quasi-criminal remedy in medieval times for redress of a direct and usually intentional injury.

Front 9

Principal intentional torts

Back 9

Battery
Assault
False imprisonment
Intentional infliction of emotional distress
Trespass
Conversion

Hint 9

6

Front 10

tortfeasor

Back 10

person who commits a tort

Front 11

doctrine of transferred intent

Back 11

theory under which the intent to harm a person is transferred from the intended victim to a second person who is actually harmed

Front 12

Battery

Back 12

harmful or offensive touching of another person, including that person's clothing or object closely associated with that person

intentional tort

Front 13

assault

Back 13

placing another person in apprehension of battery

intentional tort

Front 14

What's the difference between battery and assault?

Back 14

Touching. Battery has immediate action or follow through, assault is the menace that it will happen sometime in the near future.

Front 15

False imprisonment

Back 15

restraining someone within a bounded area against that person's will.

= false arrest

intentional tort

Front 16

Intentional infliction of emotional distress

Back 16

Conduct so outrageous and transcending all bounds of common decency so as to affect severely another person.

Must result in physical consequences or symptoms for recovery to be allowed.

Intentional tort

Front 17

trespass

Back 17

Intentional interference with an individual's right to exclusive and complete possession of land or tangible goods.

Intentional tort

Front 18

chattels

Back 18

physical object, personal property

Front 19

Conversion

Back 19

Intentional exercise of dominion or control of a chattel which so seriously interferes with the right if another to control it that the actor may justly be / required to pay the full value of the chattel.

Intentional Tort

Front 20

Distinction between trespass of chattels vs.conversion

Back 20

one is more severe than the other
Ex: nourishing with neighbor's car

Front 21

T/F: All torts must prove damages.

Back 21

True. No damages, no trial!

Front 22

Elements of Negligence

Back 22

1. Duty
2. Breach of duty
3. Proximate cause or causation
4 Damages

Hint 22

4

Front 23

Negligence per se

Back 23

violation of a statute prohibiting certain conduct, which statute was enacted to benefit a class of persons

Front 24

"res ipsa loquitur"

Back 24

Latin: "the thing that speaks for itself"

a means of proving proximate cause

Front 25

What types of causation must be present in order to establish liability for negligence?

Back 25

1. Causation in fact
2. Proximate cause

Hint 25

2

Front 26

Causation in fact

Back 26

Negligent conduct causing a resulting injury that would not have occurred if the negligent conduct had not occurred.

Front 27

Proximate cause

Back 27

concept in tort liability on which injuries result, although not directly, from an action or failure to act

Front 28

T/F: ALL negligent actions or inactions that proximately cause injuries are subject of tort liability.

Back 28

False. There must be a duty to act or not act imposed by the law to establish tort liability.

Hint 28

Ex: Standing by and watching while someone suffers injuries from a danger one did not create.

Front 29

trespasser

Back 29

individual who is on land without express our implied permission of the land owner.

Front 30

How does the law analyze a landowner's duty toward a defendant?

Back 30

By placing them in one of these categories:
1. Trespasser
2. Licensee
3. Invitee

Front 31

Attractive Nuisance Rule

Back 31

an unreasonably dangerous condition that might result in injury to children who cannot learn or appreciate the danger.