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Tort Law > Acronyms > Flashcards

Acronyms Flashcards

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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
Q

Damages for Lost Chance of Recovery/Increased Risk of Eventual Harm

A

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
Q

Special Relationship Duty

A

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
Q

Common Carrier Duty

A

FAP

First Aid
Protect against unreasonable risk of harm

28
Q

Duty After Beginning Aid

A

FD

Failure to exercise reasonable care
Discontinuing aid (if it leaves person worse off)
29
Q

Rescuer Status Duty

A

DIRR

Defendant was negligent to rescued person and caused peril
Imminent peril
Reasonable person perceives peril
Rescuer acted with reasonable care

30
Q

Protecting Third Parties

A

Medical professionals generally have duty.

31
Q

Foreseeability

A

CIF-RFC

Conduct is Cause-In-Fact of accident
Reasonably Foreseeable Consequence

32
Q

Proximate Cause

A

Scope of Liability

33
Q

Intervening Force

A

Foreseeable

34
Q

Superseding Force

A

Unforeseeable

35
Q

Assumption of Risk

A

PE

Primary (can’t be avoided)
Express

36
Q

Strict Liability for Animals

A

DW

Domestic
Wild

37
Q

Domestic Animal Strict Liability

A

AD-T

Abnormally Dangerous
Trespassing

38
Q

Wild Animal Strict Liability

A

HAA!

Harm Associated with Animal

39
Q

Abnormally Dangerous Activity Strict Liability

A

• RG-VICE

Risk of harm
Gravity of Harm
Value to community relative to risk
Inappropriateness to location
Common usage
Eliminate risk by reasonable care

Tort Law (2 decks)

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