Tort Law

Front 1

The most familiar type of law practice involving tort law is what?

Back 1

Personal Injury Litigation

Front 2

Personal Injury law includes cases resulting from what (4)

Back 2

Medical Malpractice

Dangerous Conditions on property

Automobile accidents

Defective property

Front 3

The topic of tort law is Very broad. T or F

Back 3

T

Front 4

How is tort defined?

Back 4

A non-contractual civil wrong that results in an injury or other loss from which the injured party has a legal remedy.

Front 5

Tort law is found mainly in what?

Back 5

State and federal statues and Case Law

Front 6

3 types of tort exist:

Back 6

Intentional tort

Negligence

Strict Liability

Front 7

The facts satisfy or support each of the elements, then the victim has a case or ________ based on that tort

Back 7

Cause of Action

Front 8

Tort defenses include facts that justify or excuse what would other wise be a tort. T or F

Back 8

T

Front 9

The party committing the tort intends to do the act, knowing, or recklessly disregarding its consequences is what?

Back 9

Intentional tort

Front 10

As Frank pulls a chair out from under Charles as Charles starts to sit; Charles injures his back when he falls to the floor. Frank has committed what type of tort?

Back 10

Intentional

Front 11

The doctrine of _________ ____________ operates to transfer the intent to harm one individual to another who is inadvertently harmed.

Back 11

transferred intent

Front 12

A person who intends to shoot one person, but hits another, has committed what?

Back 12

Intentional tort

Front 13

Many intentional torts originated under English Common law. T or F

Back 13

T

Front 14

Common intentional torts are: (9)

Back 14

Assault

Battery

False Imprisonment

Defamation

Invasion of privacy

intentional infliction of emotional distress

misrepresentation

conversion

trespass

Front 15

Torts that have been created by modern statutes and case law are: (4)

Back 15

Sexual Harassment

Environmental Pollution

Civil rights violations

Economic tort

Front 16

1. An intentional act

2. Causing fear or apprehension of an immediate harmful or offensive touching or contact

What is this?

Back 16

Elements of assault

Front 17

1, An intentional act

2. Causing a harmful or offensive touching or contact

What is this?

Back 17

Elements of Battery

Front 18

In the course of a fight, Adams points a gun at Braun and shoots, hitting Braun.

When does the assault happen?

When does the battery happen?

Back 18

Assault happens when Braun is aware of the gun and becomes filled with fear and apprehension.

Battery happens when Braun is hit with a bullet of the gun.

Front 19

One who commits a tort is called what?

Back 19

tortfeasor

Front 20

tort of battery is frequently committed in the course of a fight, but ________ _________ is also considered a tort of battery. This also goes for ____________ __________ as well.

Back 20

Medical treatment

Sexual Assault

Front 21

A court ordere directing the defendant to stop some type of conduct is called what?

Back 21

injunction

Front 22

The requirements for a cause of action is what?

Back 22

Elements

Front 23

Consent must be given voluntarily by an individuals having the capacity to consent. T or F

Back 23

T

Front 24

An intentional and unlawful violation of the personal liberty or confinement of another is called what?

Back 24

False Imprisonment

Front 25

A false imprisonment in which the confinement or restraint is done by one claiming the authority to make a lawful arrest is called what?

Back 25

False imprisonment

Front 26

Elements of false imprisonment are what? (3)

Back 26

1. Intentional confinement of a person

2. Confinement is complete, not consentual, and known to the victim

3. confinement is without lawful privilege

Front 27

Elements of false arrest are what? (3)

Back 27

1. A false imprisonment

2. Under claim of right to arrest

3. Without legal right to make arrest

Front 28

Is locking a person in a room a form of tort?

Back 28

No, as long as the door is unlocked before the individual awakes

Front 29

What is one of the most obvious examples of false imprisonment?

Back 29

Kidnapping

Front 30

The right of a merchant to make reasonable detention of a patron where there is probably cause to believe that shoplifting occurred is called what?

Back 30

Shopkeepers privilege

Front 31

What is defamation:libel?

Back 31

Written publication that can be true or untrue and injurious to an individuals reputation

Front 32

What is defamation: Slander?

Back 32

Oral defamation of character in spoken

Front 33

The intentional and offensive intrusion upon the solitude of another or upon his or her private affairs or concerns is called what?

Back 33

Invasion of privacy

Front 34

Intentional and Outrageous conduct that causes mental suffering forms the basis of the tort of __________________ ______________ of emotional distress.

Back 34

Intentional infliction

Front 35

What tort has the court been reluctant to recognize?

Back 35

Intentional infliction (Emotional distress)

Front 36

Pursuing an unjustified criminal or civil lawsuit against in individual leads to the tort of ________ ____________.

Back 36

Malicious prosecution

Front 37

When an individual uses a legal proceeding for an improper purpose is called what?

Back 37

Abuse of Process

Front 38

Another term for the business torts of slander of title and trade libel is called what?

Back 38

Disparagement

Front 39

_________ is a tort against real property, where____________ is a tort against personal property.

Back 39

Trespass, Conversion

Front 40

Personal property is something that can be what?

Back 40

It can Moved

Front 41

Fixed real property cannot be what?

Back 41

It can't be moved

Front 42

The result of one's thoughts, ideas, or inventions; includes patents, copyrights, and trademarks is called what?

Back 42

intellectual property

Front 43

Improper interference int he intellectual property rights of another is called what?

Back 43

Infringement

Front 44

The term _______ is often associated with contract law, and is a tort.

Back 44

Fraud

Front 45

What are the 2 major defenses to intentional torts?

Back 45

Consent and privilege

Front 46

The law allows a person to engage in an activity that would be a tort if that act were not specially permitted. Example - Parents have the privilege or right to discipline a child, thus spanking is not a battery. A doctor has privilege to render treatments in an emergency situation

Back 46

Privilege

Front 47

A tort; failure to act as a reasonably prudent person would act under the same or similar circumstances is called what?

Back 47

Negligence

Front 48

The thing speaks for itself ; Negligence is implied from the fact that the incident happened

Back 48

Res Ipsa loquitur

Front 49

The negligent act was the cause of injury is what?

Back 49

Actual cause

Front 50

__________ are a required element of the tort of negligence.

Back 50

Damages

Front 51

If there is no injury, there is still a tort. T or F

Back 51

F

Front 52

A condition on land that appeals to children, a doctrine that requires homeowners to use reasonable care to avoid injury to trespassing children.

Back 52

Attractive Nuisance

Front 53

Professional Negligence, doctors, lawyers, accountants, and engineers are required to exercise care consistent with the standards of the professional community

Back 53

Malpractice

Front 54

Defective products. Lawsuits for injuries caused by defective products is called what?

Back 54

Product Liability

Front 55

Companionship, comfort, and society given by one spouse to another is called what?

Back 55

Consortium

Front 56

Contributory negligence is what?

Back 56

when the plaintiff contributed to his or her owns injury due to negligence

Front 57

Comparative negligence is what

Back 57

When the courts compare both parties negligence to determine amount of negligence.

Front 58

Knowingly and voluntarily assuming a risk; a defense to negligence and strict liability.

Back 58

Assumption of the risk

Front 59

Assumption of the risk is what?

Back 59

when the injured party knowingly knows the risks of the act. Example: people attending a golf tournament cannot sue when struck with a ball because it is implied that the spectators assume that risk

Front 60

Sometimes negligent conduct is so extreme that it borders on intentional conduct.

Back 60

Gross Negligent

Front 61

Liability without fault is called what

Back 61

Strict Liability

Front 62

Dangerous activity; one who engages in an abnormally dangerous activity is strictly liable to those who may be injured as a result.

Back 62

Abnormally dangerous activity

Front 63

Out of pocket losses is called what?

Back 63

Special damages

Front 64

Damages not based on a monetary loss; includes items such as pain and suffering is called what

Back 64

general damages

Front 65

Damages meant to punish is called what?

Back 65

Punitive damages

Front 66

The principle that when two or more defendants cause an injury and the injured party can recover all or part of the damages from any of the defendants

Back 66

Joint and several liability

Front 67

When an employee commits a tort, sometimes the employer can be responsible. This is called what?

Back 67

Respondeat Superiour

Front 68

When an employee commits a tort, the employer takes on what responsibility?

Back 68

Vicarious Liability

Front 69

If the employer hires a contracted employee to perform a dangerous task, the employer can still be made liable. What is this called?

Back 69

Peculiar risk doctrine

Front 70

When a lawyer takes a percentage of a what is recovered from a case this is called what?

Back 70

contingent fees