Chapter 4-5 Flashcards

0
Q

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

A

True

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1
Q

A tort is a wrong against an individual

A

True

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2
Q

Proximate cause is the same as actual cause

A

False

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3
Q

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

A

True

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4
Q

Invasion of privacy is an unintentional tort

A

False

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5
Q

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

A

True

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6
Q

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

A

False

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7
Q

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

A

True

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8
Q

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

A

Trespass

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9
Q

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

A

Negligence

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10
Q

A false statement made orally to a third party is

A

Slander

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11
Q

A person who commits a tort is a

A

Tortfeasor

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12
Q

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

A

Duty of care

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13
Q

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

A

Wrongful death statutes

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14
Q

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

A

Injunction

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15
Q

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

A

Assumption of risk

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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

19
Q

Federal courts have jurisdiction over patent and copyright cases

20
Q

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

21
Q

Only questions of fact can be raised on appeal

22
Q

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

23
Q

A common pleas court is a court of limited jurisdiction

24
At the bottom level of the federal court system are the federal
District courts
25
The federal court system derives it's authority from
Article 3 of the US Constitutuon
26
The jurisdiction of local courts is
Limited
27
Child custody cases are heard in
Family courts
28
Federal courts have jurisdiction over cases of admiralty-cases involving the
Sea
29
US Courts of appeals hear cases on appeal from
US Distric courts
30
Special federal courts handle disputes over
Taxes
31
The tenant whose dinning room rug was ruined by faulty plumbling sued the landlord in
Small claims court
32
The Supreme Court decides which cases to hear by a vote of its
9 justices
33
The power given to a court to hear a case
Jurisdiction
34
Courts with special jurisdiction over minors are
Juvenile courts
35
Intermediate state courts hear appeals from courts of _____ jurisdiction
General
36
A case in which a resident of one state sues another resident of a different state for more than $50,000 is a
Diversity of citizenship case
37
Federal district courts have ____ jurisdiction over most federal cases
Original
38
Currently there are ___ district courts in the US
95
39
Only questions of ___ may be raise on appeal
Law
40
The ____ is the highest court in the US
US Supreme Court