Acronyms Flashcards

1
Q

Battery

A

DC-IA-OH

Desired to Contact
Intentional Act
Offensive or Harmful

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2
Q

Damages

A

CNP

Compensatory
Nominal
Punitive

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3
Q

Assault

A

IAI-IA-OH

Intentional Act Intending
Apprehension of Imminent
Offensive or Harmful contact

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4
Q

Defenses to Battery and Assault

A

C-DS-DP

Consent
Defense of Self and others
Defense of Property

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5
Q

Consent

A

KIV-IE

Knowing
Informed
Voluntary
Implied or Expressed

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6
Q

Proportionality Principle

A

TP!

Threat to Person/Property Protected

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7
Q

Deadly Force Factors

A

CROBS-HR

Character
Reputation
Overt act
Belligerence
Size/Strength
Harm
Retreat impossible
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8
Q

Intentional Infliction of Emotional Distress

A

OC-I-SD-RC

Outrageous Conduct
Intention
Severe Distress
Reasonable person
Causation
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9
Q

Severe Emotional Distress

A

PP-MD-DL

Physiological
Psychological
Medical treatment
Duration
Daily Life
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10
Q

Negligence

A

D-BCD

Duty
Breach
Causation
Damages

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11
Q

Hand Formula

A

B < PL x ML

Burden < Probability of Loss x Magnitude of Loss

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12
Q

Reasonable Person Special Standards

A

EDI-E-SKS

Especially Dangerous Instrumentalities
Emergencies
Special Knowledge and Skill

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13
Q

Minors

A

I-ACE

Intelligence
Age
Circumstance
Experience

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14
Q

Professional Standard

A

APP-KSP

Accepted Practice within Profession
Knowledge and Skill Possessed

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15
Q

Owners and Occupiers of Land

A

LIT

Licensee
Invitee
Trespasser

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16
Q

Attractive Nuisance

A

UC-FUC

Unreasonable risk
Children likely
Failure to eliminate/protect
Utility/burden low
Children do not realize risk of danger
17
Q

Invitees

A

ACDEF

Actual knowledge
Condition unreasonably risky
Did not Eliminate
Failure to eliminate caused

18
Q

Negligence per se

A

A CHIP

Awareness
Class and Harm statute Intends to Protect

19
Q

Res Ipsa Loquitur

A

ND ND

Negligence
Defendant had exclusive control
No causal contribution
Defendant has all info

20
Q

Concerted Action

A

ASK

Acts in concert
Substantial assistance breaches duty to other
Knows others conduct is breach

21
Q

Substantial Assistance Breaches Duty to Other

A

NPR DK

Nature of act
Presence of defendant
Relation of parties
Defendant’s state of mind
Kind and amount of assistance
22
Q

Vicarious Liability for Vehicle Owners

A

ROAD PI

Result of operator’s negligence
Operator has permission
Arose from vehicle
Death or injury of person or property
Proximate cause and Inherent nature of car
23
Q

Alternative Liability

A

TD PPO AND

Two (or more) Defendants
Plaintiff injured as Proximate cause of One
All actors acted similarly unreasonably
No proof to determine which one
Defendants must disprove liability
24
Q

Market Share Liability

A

FUDS

Fungible product
Unable to identify specific manufacturer
Design hazard caused harm
Substantial market share represented

25
Damages for Lost Chance of Recovery/Increased Risk of Eventual Harm
F CRM Full value of remaining life Chance of survival immediately before doctor’s negligence Resulting chance of survival after doctor’s negligence Multiple difference by remaining life value
26
Special Relationship Duty
BB REFS ``` Burden on defendant to protect Burden on plaintiff to avoid harm Relationship between parties Economic benefit of plaintiff to defendant Foreseeability of harm Severity of risk ```
27
Common Carrier Duty
FAP First Aid Protect against unreasonable risk of harm
28
Duty After Beginning Aid
FD ``` Failure to exercise reasonable care Discontinuing aid (if it leaves person worse off) ```
29
Rescuer Status Duty
DIRR Defendant was negligent to rescued person and caused peril Imminent peril Reasonable person perceives peril Rescuer acted with reasonable care
30
Protecting Third Parties
Medical professionals generally have duty.
31
Foreseeability
CIF-RFC Conduct is Cause-In-Fact of accident Reasonably Foreseeable Consequence
32
Proximate Cause
Scope of Liability
33
Intervening Force
Foreseeable
34
Superseding Force
Unforeseeable
35
Assumption of Risk
PE Primary (can’t be avoided) Express
36
Strict Liability for Animals
DW Domestic Wild
37
Domestic Animal Strict Liability
AD-T Abnormally Dangerous Trespassing
38
Wild Animal Strict Liability
HAA! Harm Associated with Animal
39
Abnormally Dangerous Activity Strict Liability
• RG-VICE ``` Risk of harm Gravity of Harm Value to community relative to risk Inappropriateness to location Common usage Eliminate risk by reasonable care ```