Download For Exam 1 | PL 1130 - TORTS and more Quizzes Business and Labour Law in PDF only on Docsity!
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
