Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law > Chapter 4: Torts and Cyber Torts > Flashcards

Chapter 4: Torts and Cyber Torts Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

A private, civil legal action to obtain monetary damages from a legal injury, person, or property

A

Tort

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

A wrongful act, other than a breach of contract, that results in harm or injury to another and leads to civil liability

A

Tort

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

Provide remedies for invasion or violation of protected interests

A

Purpose of Tort Law

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

Society recognizes an interest in these

A

Personal physical safety
Protecting real and personal property
Protecting certain intangible interests

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

Actual losses

These put the plaintiff in the position he/she would have been had the tort not occurred

A

Compensatory Damages

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

Quantifiable, such as lost wages, medical bills

A

Special Damages

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

Nonmonetary losses such as pain and suffering

A

General Damages

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

Punishes the wrongdoer, typically only available in intentional torts

A

Punitive Damages

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

Intended to limit damages available in tort cases

A

Tort Reform

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

Classification of torts

A

Intentional torts
Unintentional Torts
Strict Liability

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

The plaintiff must only prove that the defendant intended the consequences of his action and knew with substantial certainty that consequences would result from the act

A

Intentional Torts

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

The reasonable apprehension or fear of immediate contact

A

Assault

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

Completion of the assault

A

Battery

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

In Md, these two have been merged into one crime

A

Assault and Battery

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

The injured party

A

Plaintiff

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

The defendant

A

Tortfeasor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Confinement or restraint of another person’s activities without justification

A

False Imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Merchants can detain a suspected shoplifter as long as there is this

A

Probable Cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Extreme and outrageous conduct

A

Intentional infliction of emotional distress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Publication of a false statement, oral or written, that injuries a person’s good reputation

A

Defamation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Oral Defamation is

A

Slander

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Written Defamation is

A

Libel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

This is required for a defamation case

A

Statement of fact

24
Q

Why is fact required over opinion?

A

Opinions are free speech and generally actionable

25
Q

The publication requirement for defamation requires that a

A

third party must hear or see the statement

26
Q

Damages for libel is presumed as a matter of law, meaning that

A

a plaintiff need not prove they were injured because libel is permanent and continues to cause harm after the statement is made

27
Q

Damages for slander

A

The Plaintiff must prove special damages because slander is temporary

28
Q

Statements regarding loathsome disease, professional improprieties, serious crimes, or being unchaste

A

Slander per se

29
Q

Defenses against Defamation

A

Truth is an absolute defense
Statement was privileged
Public figures

30
Q

A person has the right to solitude, and the breach of that duty is a tort

A

Invasion of the right to privacy

31
Q

Use of another person’s name, likeness, or other identifying characteristic, without permission, with benefit to user

A

Appropriation

32
Q

Intentional deception of another that causes belief in a condition that is different from the condition that already exists

A

Fraudulent Mistrepresentation

33
Q

Elements included in fraudulent misrepresentation

A 
Knowing misrepresentation of fact
Intent to induce innocent party to rely
Justifiable reliance by innocent party
Damages
Causal Connection
34
Q

Unknowingly making a false statement, typically occurs when person owes a duty to another to give correct information

A

Negligent Misrepresentation

35
Q

Valid, enforceable contract exists between two parties, a third party knows about the contract, and the third party intentionally causes either party to breach the original contract

A

Wrongful interference with contractual relationship

36
Q

Occurs when a person, without permission, enters onto, above, or below surface of land owned by another; actual harm to the land is not required

A

Trespass to Land

37
Q

Criteria, Rights, and Duties for trespass to land

A

Posted trespass signs
Guest who refuses to leave or intruders
Reasonable duty of care

38
Q

Wrongfully taking or harm or interference with exclusive right of use of personal property of another

A

Trespass to personal property

39
Q

Wrongfully taking or retaining possession of personal property and placing in service of another

A

Conversion

40
Q

Occurs when economically injurious falsehoods are made about another’s property or product

A

Disparagement of Property

41
Q

False statement about another’s product that caused a third party to refrain from dealing with plaintiff, causing financial loss

A

Slander of Quality

42
Q

False statement about legal ownership of another’s product resulting in financial loss

A

Slander of Title

43
Q

A tort of negligence occurs when plaintiff is legally injured due to defendant’s failure to live up to a required duty of care causing foreseeable risk of injury

A

Unintentional Torts

Negligence

44
Q

Negligence analysis

A

Did the defendant owe the plaintiff a legal duty of care
Did the defendant breach that duty
Did the plaintiff suffer a legal injury
Did the defendant’s breach of duty cause the plaintiff’s injury

45
Q

How would a reasonable person have acted under the circumstances?

A

Reasonable person standard

46
Q

Duty is based on this

A

Reasonable person standard

47
Q

“but for” defendant’s act injury would not have occurred

A

Causation in fact

48
Q

Defendant’s act created a foreseeable risk of injury to plaintiff

A

Proximate Cause

49
Q

The plaintiff must show they suffered loss or harm to

A

legally protected interest

50
Q

A plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed

A

Assumption of risk

51
Q

The event must be foreseeable

A

Superseding Cause

52
Q

A rule in tort law that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff’s own fault
Standard in MD

A

Contributory Negligence

53
Q

An action or failure to act in violation of a statutory requirement

A

Negligence per se

54
Q

Does not require fault, intent or breach of duty

A

Strict Liability

55
Q

Usually involves abnormally dangerous activities and risk cannot be prevented

A

Strict Liability

56
Q

Manufacturers and sellers of harmful or defective products

A

Product Liability

Law (13 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions