Chapter 4-5 Flashcards
Making loud noises late at night is an example of a tort of nuisance
True
A tort is a wrong against an individual
True
Proximate cause is the same as actual cause
False
Public officials must prove actual malice to succeed in a defamation lawsuit
True
Invasion of privacy is an unintentional tort
False
Even the most careless conduct will not result in liability for negligence unless there is actual harm
True
The doctrine of strict liability mat not be applied in product liability cases
False
When a wrongdoer injures someone by committing a tort, the victim can usually be compensated by receiving money damages
True
A wrongful injury to or interference with the property of another is
Trespass
Failure to exercise the degree if care of a responsible person would exercise is
Negligence
A false statement made orally to a third party is
Slander
A person who commits a tort is a
Tortfeasor
The element of negligence that states the defendant did not fulfill an obligation is called
Duty of care
The rights of third parties affected by a death caused by negligence are preserved by
Wrongful death statutes
In cases where money cannot repay the victim of a tort, a court May issue an
Injunction
The negligence defense that might be used by a baseball club up that us sues by spectators is
Assumption of risk
To determine if the defendants conduct was the proximate cause of the plaintiffs injury the court applies the
Foreseeability test
People who are engaged in extremely dangerous activities may be held liable even without negligence or malice, this is known as
Strict liability
State court systems are interrelated and dependent upon one another
False
Federal courts have jurisdiction over patent and copyright cases
True
The U.S. District courts have appellate jurisdiction over most federal cases
False
Only questions of fact can be raised on appeal
False
The U.S. Supreme Court has both original and appellate jurisdiction
True
A common pleas court is a court of limited jurisdiction
False