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For Exam 1 | PL 1130 - TORTS, Quizzes of Business and Labour Law

Chapter 1,2,3,4,11 quizzes and vocab for Chapter 5, 6, and 11 Class: PL 1130 - TORTS; Subject: Paralegal Studies; University: Central New Mexico Community College; Term: Fall 2014;

Typology: Quizzes

2013/2014

Uploaded on 09/22/2014

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TERM 1
A remedy is a means by which a right is
enforced or the violation of a right is
prevented, compensated for, or otherwise
redressed.
DEFINITION 1
True
TERM 2
The primary focus of criminal law is to
vindicate a private wrong. The primary focus
of civil law is to vindicate a public wrong.
DEFINITION 2
False
TERM 3
An intentional tort is committed solely
because a party fails to use reasonable care.
DEFINITION 3
False
TERM 4
Primary authority is any law on which the
court could rely to reach its decision.
DEFINITION 4
True
TERM 5
To state a tort cause of action, you __________.
DEFINITION 5
list the facts that give you a right to judicial relief against the
wrongdoer
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A remedy is a means by which a right is

enforced or the violation of a right is

prevented, compensated for, or otherwise

redressed.

True TERM 2

The primary focus of criminal law is to

vindicate a private wrong. The primary focus

of civil law is to vindicate a public wrong.

DEFINITION 2 False TERM 3

An intentional tort is committed solely

because a party fails to use reasonable care.

DEFINITION 3 False TERM 4

Primary authority is any law on which the

court could rely to reach its decision.

DEFINITION 4 True TERM 5

To state a tort cause of action, you __________.

DEFINITION 5 list the facts that give you a right to judicial relief against the wrongdoer

Strict liability means __________.

the defendant is liable whether he or she caused the harm intentionally, carelessly, or innocently TERM 7

Which of the following are three examples of

primary authority?

DEFINITION 7 statutes, ordinances, and constitutions TERM 8

IRAC stands for __________.

DEFINITION 8 issue, rule, analysis, conclusion TERM 9

Under our legal system, fairness dictates that

we are responsible for all harms that we

cause.

DEFINITION 9 False TERM 10

A party meets the standard of proof by

showing at least a fifty-fifty possibility that his

or her facts are true.

DEFINITION 10 False

If an injury or other loss occurs, by definition

it was foreseeable.

False TERM 17

An objective standard exists when something

is measured by what a particular person

actually knew, felt, or did.

DEFINITION 17 False TERM 18

The spectrum of foreseeability __________.

DEFINITION 18 covers a range from highly unusual to a certainty TERM 19

Which factors are not used in an assessment

of the foreseeability of an event?

DEFINITION 19 legal research TERM 20

When you ask whether someone actually

knew something, you are applying a/an

____________ standard.

DEFINITION 20 Subjective

You determine whether something was

foreseeable by examining all of the facts after

they have occurred-from hindsight.

False TERM 22

In the law of torts, intent means the [x1] to

cause the consequences of one's act, or the

[x2] that the consequences will follow from

one's act.

DEFINITION 22 DesireKnowledge with substantial certainty TERM 23

The same conduct can be both an assault and

a battery, although they are separate torts.

DEFINITION 23 True TERM 24

Battery can be committed by causing an

offensive contact through carelessness.

DEFINITION 24 False TERM 25

There is no battery if Ted is offended by

Georges light tap on the shoulder unless

George knew Ted was unusually sensitive and

would be offended by such a tap.

DEFINITION 25 True

Contributory negligence is not a defense to

the tort of strict liability for abnormally

dangerous activities or conditions.

True TERM 32

Ralphs cat is very friendly except when a

stranger touches its tail. One day, a stranger

tries to pet the cat but is badly scratched

when the petting included the cats tail. Which

is true?

DEFINITION 32 Ralph is strictly liable for the injury caused by the cat if Ralph knew that the cat had caused similar injuries in the past. TERM 33

Liability for harm caused by wild animals

requires a showing of negligence or the intent

to harm.

DEFINITION 33 False TERM 34

A company blasts in an area. This excites a

horse, which then runs into and kills a prize

cow. The company is liable under strict

liability for abnormally dangerous conditions

or activities.

DEFINITION 34 False TERM 35

Assumption of the risk is a defense to the tort

of strict liability for abnormally dangerous

activities or conditions.

DEFINITION 35 False

Assumption of the risk is a defense to the tort

of strict liability for abnormally dangerous

activities or conditions.

True TERM 37

The owner of a wild animal must have actual

knowledge of its dangerous propensity to be

liable for the harm caused by that propensity.

DEFINITION 37 False TERM 38

Neighbors are injured when Ted explodes a

stick of dynamite in his backyard in a

residential neighborhood. Which is true?

DEFINITION 38 To recover for their injuries, the neighbors do not have to show that Ted was negligent. TERM 39

Battery

DEFINITION 39 An unpermitter and intentional physical contact with a person that is harmful or offensive. Act Intent to cause (a) an imminent contact with the plaintiff's person or (b) apprehension of such contact Contact that is harmful or offensive Causation of the harmful or offensive contact TERM 40

Deep Pocket

DEFINITION 40 An individual business, or other organization with the resources to pay potential judgement. Sufficient assets for this purpose.

Knowledge with substantial certainty (for

battery)

A high degree of knowledge that contact (or its apprehension) will result from what one does or fails to do. TERM 47

Careless

DEFINITION 47 Failing to use reasonable care; negligent TERM 48

Reckless

DEFINITION 48 Consciously taking a risk failing to exercise due care but without intending the consequences; wantonly disregarding a risk but neither desiring the consequences nor having substantially certain knowledge of the consequences of the risk. TERM 49

Transferred-intent rule

DEFINITION 49 The defendant may be liable for certain torts committed against the plaintiff even if the defendant intended to commit a different tort against the plaintiff (unintended tort) and even if the defendant intended to commit the tort against a different person (unintended plaintiff) TERM 50

Motive

DEFINITION 50 A desire, reason, need, or emotion that induces action or inaction

harmful

Invilving physical damage, impairment, pain, or illness in the body TERM 52

offensive

DEFINITION 52 Offending the personal integrity or dignity of a reasonable or ordinary person who is not unduly sensitive. TERM 53

Nominal Damages

DEFINITION 53 A trifling sum (e.g. $1) awarded to the plaintiff because there was no significant loss or injury suffered, although a technical invasion of rights did occur. TERM 54

Thin Skull

Rule

DEFINITION 54 If the general nature or type of harm was a foreseeable consequences of the original risk, the defendant will be liable for the harm even if the extent of the harm was not foreseeable. TERM 55

Consent

DEFINITION 55 Voluntary agreement or permission (express or implied) that something should happen or not happen,

Harmful

Involving physical damage, impairment, pain, or illness in the body TERM 62

Offensive

DEFINITION 62 Offending the personal integrity or dignity of a reasonable or ordinary person who is not unduly sensitive TERM 63

Imminent

DEFINITION 63 Immediate in the sense of no significant or undue delay. Near at hand; about to occur TERM 64

Conditional threat

DEFINITION 64 A communicated intent to do something dangerous or unwanted in the future if a specified event occurs TERM 65

Apparent present ability

DEFINITION 65 Appearing reasonably able to do something now or very shortly

Cyber stalking

The use of the Internet or other electronic means to repeatedly embarrass, humiliate, threaten, or otherwise harass someone. TERM 67

Cyberbullying

DEFINITION 67 The use of the Internet or other electronic means to repeatedly embarrass, humiliate, threaten, or otherwise harass a minor TERM 68

Intent (for assault)

DEFINITION 68 (a) The desire to bring about an apprehension of an imminent contact or the contact itself, or (b) the knowledge with substantial certainty that an imminent apprehension will result from what one does or fails to do TERM 69

Transferred-intent rule

DEFINITION 69 The defendant may be liable for certain torts committed against the plaintiff even if the defendant intended to commit a different tort against the plaintiff (unintended tort) and even if the defendant intended to commit the tort against a different person (unintended plaintiff) TERM 70

FACE

DEFINITION 70 Free Access to Clinic Entrances Act. A federal statute that provided a remedy for victims of assault or other attack suffered while trying to obtain reproductive health services

Strict Liabilty for abnormally dangerous

conditions or activies

A tort that imposes liability for harm caused by abnormally dangerous conditions or activities regardless of whether the person causing the harm acted intentionally, negligently or innocently Existence of abnormally dangerous condition or activity Knowledge of the condition or activity Causation Damages TERM 77

abnormally dangerous condition or activity

DEFINITION 77 Unusual or non-natural condition or activity that creates a substantial likelihood of causing great harm TERM 78

Rylands v. Flecther

DEFINITION 78 The case holding that if defendant know they are engaging in a non-natural or abnormal use of land that creates an increased danger to persons or property, they will be strictly liable for harm caused by this use TERM 79

The Restatement of Torts determining

whether something id abnormally dangerous

DEFINITION 79 The degree of risk of some harm to people, land or chattels of others The likelihood that the harm that results form the activity will be great The inability to eliminate the risk by the exercise of reasonable care the extent to which the activity is not a matter of common usage The inappropriateness of the activity to the place where the activity is carried on The extent to which the value of the activity to the community is outweighed by its dangerous attributes TERM 80

Proximate cause

DEFINITION 80 A cause that is legally sufficient to impose liability for the results of one's wrongful act or omission. There are two components of proximate cause: actual cause (which answers the question of who was the cause in fact of the harm or loss) and legal cause (which answers the harm or other loss was the foreseeable consequences of the original risk)

Assumption of the risk

The knowing and voluntary acceptance of the danger or risk of being harmed by someone's negligence