Ch 7. Civil Liability Issues Flashcards
Implied consent for medical treatment does not go beyond treatment necessary to protect ___. (170)
life and limb
____ involves a false representation of a material fact, intended to deceive the recipient, which actually does deceive the recipient, resulting in damages to that person. (188)
Misrepresentation or fraud
slander vs. libel (191)
slander: defamation that is oral
libel: defamation that is written
____ is a tort where someone, through extreme and outrageous behavior, intentionally or recklessly causes severe emotional distress to another. (180)
Intentional Infliction of Severe Emotional Distress
(it must be outrageous and extreme beyond all bounds of decency like spreading a rumor that a person’s son had committed suicide)
____ is the intentional stopping of medical care without legal excuse or justification.
Occurs when a medical provider who has assumed care and control of a patient in need of medical attention either stops providing care leaving the patient unattended or leaves the patient under the care of someone with lesser qualifications. (176)
Abandonment
The term ___ is a general term for a civil wrong. (166)
tort
The tort of ___ is an intentional, unpermitted contact with another person. (166)
battery
A violation of ____, damages can be presumed, so that even when there are no actual monetary damages, a jury can award damages. (167)
a person’s dignity
For consent to touch or treat someone to be valid, it must be ___ and ___. (168)
informed and voluntary
____ refers to the fact that for consent to be valid, a person must understand what is being consented to. (169)
Informed consent
The tort of trespass to land occurs when someone _4__. (187)
1) unlawfully enters the land of another
2) causes some object, substance, or third person to enter the land of another
3) unlawfully remains on the land
4) fails to remove something that they are under legal duty to remove from the land.
____, involves some sort of intentional interference or damage to the personal property of another. (188)
Trespass to chattels, more commonly known today as trespass to personal property
The general rule with slander is that the victim must prove ____ in order for the case to be actionable. (191)
an actual monetary loss
Categories of slander that are considered to be more serious than others where damages will be presumed without the need to show a monetary loss. (191)
slander per se
1) committed a crime
2) has venereal disease or other communicable disease
3) is unfit for their business
4) has committed serious sexual misconduct
Defamation of public figures can be defamed only when ____. (195)
the defamer acts with actual malice
4 distinct torts that fall under the umbrella of invasion of privacy: (195)
1) Unreasonable intrusion on the seclusion of another
2) Appropriation of another’s name or likeness
3) Unreasonable publicity given to another’s private life
4) Publicly placing another in a false light
Those with ____ cannot be held liable for defamation under any circumstances. (192)
absolute powers
ex. legislators while in session; judges, attorneys, witnesses, jurors in court; The president and his cabinet members
The tort of ____ applies to personal property that someone has intentionally, and without legal justification, taken away.
conversion
That body of law that addresses the rights between private individuals. (166)
Civil law
The burden of proof in civil actions is the ___. (166)
fair preponderance of the evidence, or the more likely than not standard
An act committed by one or more parties that causes injury to another for which the law allows a remedy of monetary damages. (166)
A tort
3 categories of torts: (166)
1) intentional torts
2) Negligence
3) Strict liability
[regarding battery], the focus is on whether the person intended to ____, not whether they intended ____. (167)
make contact; the end result
Where there are 2 parents who each have legal custody and one consents while the other refuses, courts hold that ___. (173)
the consent of the willing parent is adequate enough
To be valid, consent must be free from ___ or ___. (174)
duress or fraud
___ is intentionally placing another in apprehension of imminent bodily contact or an attempted battery that is not successful. (177)
Assault
___ occurs when a person without lawful right intentionally restrains the free movement of another against that person’s will. (177)
False imprisonment (The victim need only be restrained momentarily for the tort to be committed.)
A cause of action for trespass exists only if the trespasser is __3__. (187)
1) warned
2) asked to leave and refuses
or
3) causes damage (no warning necessary)
For an action of conversion, the perpetrator must have intended to ___. (188)
permanently deprive the owner
The key factors in fraud cases are __3__. (188)
1) that the perpetrator knew what he was saying was false
2) that he intended to deceive the victim
3) that the victim’s reliance on the deception was reasonable
___ involves the intentional failure to comply with the terms of a contract. (188)
Bad faith
Implied in every contract is ___. (188)
a duty of good faith and fair dealing upon both parties
___ is a tort that involves damage to a person’s reputation through false, harmful, and unprivileged statements made to others. (191)
Defamation
For defamation to be actionable, it must be ___. (191)
published
[For defamation] to be considered published, all that is required is that the perpetrator ___. (191)
tells another person (any communication to a third party constitutes publication)
[With regards to defamation of a public figure], ____ means that the speaker or writer either knew that what he was saying was false when he said it, or spoke with reckless disregard of whether it was true or false. (195)
actual malice
____ provide a mechanism for someone who has been injured or harmed by the intentional conduct of another to seek private vindication of his rights, and recover damages to make himself whole again. (196)
Intentional torts
6 torts considered to be violations of a person’s dignity
1) battery
2) assault
3) false imprisonment
4) slander per se
5) libel
6) invasion of privacy
