Chapter 4-5 Flashcards

You may prefer our related Brainscape-certified flashcards:
0
Q

Making loud noises late at night is an example of a tort of nuisance

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

A tort is a wrong against an individual

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Proximate cause is the same as actual cause

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Public officials must prove actual malice to succeed in a defamation lawsuit

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Invasion of privacy is an unintentional tort

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Even the most careless conduct will not result in liability for negligence unless there is actual harm

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

The doctrine of strict liability mat not be applied in product liability cases

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When a wrongdoer injures someone by committing a tort, the victim can usually be compensated by receiving money damages

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

A wrongful injury to or interference with the property of another is

A

Trespass

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Failure to exercise the degree if care of a responsible person would exercise is

A

Negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

A false statement made orally to a third party is

A

Slander

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

A person who commits a tort is a

A

Tortfeasor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

The element of negligence that states the defendant did not fulfill an obligation is called

A

Duty of care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

The rights of third parties affected by a death caused by negligence are preserved by

A

Wrongful death statutes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

In cases where money cannot repay the victim of a tort, a court May issue an

A

Injunction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

The negligence defense that might be used by a baseball club up that us sues by spectators is

A

Assumption of risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

To determine if the defendants conduct was the proximate cause of the plaintiffs injury the court applies the

A

Foreseeability test

17
Q

People who are engaged in extremely dangerous activities may be held liable even without negligence or malice, this is known as

A

Strict liability

18
Q

State court systems are interrelated and dependent upon one another

A

False

19
Q

Federal courts have jurisdiction over patent and copyright cases

A

True

20
Q

The U.S. District courts have appellate jurisdiction over most federal cases

A

False

21
Q

Only questions of fact can be raised on appeal

A

False

22
Q

The U.S. Supreme Court has both original and appellate jurisdiction

A

True

23
Q

A common pleas court is a court of limited jurisdiction

A

False

24
Q

At the bottom level of the federal court system are the federal

A

District courts

25
Q

The federal court system derives it’s authority from

A

Article 3 of the US Constitutuon

26
Q

The jurisdiction of local courts is

A

Limited

27
Q

Child custody cases are heard in

A

Family courts

28
Q

Federal courts have jurisdiction over cases of admiralty-cases involving the

A

Sea

29
Q

US Courts of appeals hear cases on appeal from

A

US Distric courts

30
Q

Special federal courts handle disputes over

A

Taxes

31
Q

The tenant whose dinning room rug was ruined by faulty plumbling sued the landlord in

A

Small claims court

32
Q

The Supreme Court decides which cases to hear by a vote of its

A

9 justices

33
Q

The power given to a court to hear a case

A

Jurisdiction

34
Q

Courts with special jurisdiction over minors are

A

Juvenile courts

35
Q

Intermediate state courts hear appeals from courts of _____ jurisdiction

A

General

36
Q

A case in which a resident of one state sues another resident of a different state for more than $50,000 is a

A

Diversity of citizenship case

37
Q

Federal district courts have ____ jurisdiction over most federal cases

A

Original

38
Q

Currently there are ___ district courts in the US

A

95

39
Q

Only questions of ___ may be raise on appeal

A

Law

40
Q

The ____ is the highest court in the US

A

US Supreme Court