Chapter 5 and 6

Question 1

tort

Answer 1

a wrong there are three categories of torts

1. intentional torts
2. unintentional torts (negligence)
3. strict liability

Question 2

intentional tort

Answer 2

a category of torts that requires that the defendant possessed the intent to do the act that caused the plantiffs injuries

Question 3

assault

Answer 3

1. the threat of immediate harm of offensive contract or

2. any action that arouses reasonable apprehension of imminent har,. Actual physical contact is unnecessary

Question 4

battery

Answer 4

unauthorized and harmful or defensive direct or indirect physical contact with another person that causes injury.

Question 5

transferred intent doctrine

Answer 5

under this doctrine, the law transfers the perpetartor’s intent from the target to the actual victim of the act

Question 6

false imprisonment

Answer 6

the intentional confinement of restraint of another person without authority or justification and without that persons consent.

Question 7

merchant protection statues (shopkeepers privilege)

Answer 7

statues that allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonments if (1) there are reasonable grounds fro the suspicion (2) suspects are detained for only a reasonable time and (3) investigations are conducted in a reasonable manner.

Question 8

misappropriation of the right to publicity (tort of appreciation)

Answer 8

an attempt by another person to appropriate a living persons name or identity for commercial purposes

Question 9

invasion of the right to privacy

Answer 9

the unwarrented and undesired publicity of the privat fact abou a person. the fact does not have to be untrue

Question 10

defamation of character

Answer 10

false statement(s) made by one person about another. in court the plaintiff must prove that (1) the defendant made an untrue statement of fact about the plaintiff and (2) the statement was intentionally or accidentally published to a third part

Question 11

libel

Answer 11

a false statement that appears in a letter, newspaper, magazine, book, photograph, movie, video, and so on

Question 12

slander

Answer 12

oral defamation of character

Question 13

disparagement (trade libel product disparagement and slander of title)

Answer 13

false statement about a competitors products, service, property, or business reputation

Question 14

intentional misrepresentation (fraud of deceit)

Answer 14

the intentional defrauding of a person out of money ,property, or something else of value

Question 15

intentional infliction of emotional distress (tort of outrage)

Answer 15

a tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress

Question 16

malicious prosecution

Answer 16

a lawsuit in which the original defendant sues the original plaintiff. in the second lawsuit, the defendant comes the plaintiff and vice versa.

Question 17

unintentional tort (negligence)

Answer 17

a doctrine that says a person is liable for harm that i foreseeable consequence of his or her actions

Question 18

duty of care

Answer 18

the obligation people owe each other not to cause any unreasonable harm or risk of harm

Question 19

reasonable person standard

Answer 19

a test used to determine whether a defendant owes a duty of care. this test measures the defendants conduct against how an objective careful, and conscientious person would have acted in teh same circumstances

Question 20

breach of the duty of care

Answer 20

a failure to exercise care or to act as a reasonable person would act

Question 21

injury

Answer 21

a plaintiffs personal injury or damage to his of her property that enables him or her to recover monetary damages for the defendants negligence

Question 22

actual cause (causation in fact)

Answer 22

the actual cause of negligence. A person who commits a negligent act is not liable unless actual cause can be proven.

Question 23

proximate cause (legal cause)

Answer 23

a point along a chain of events caused by a negligent party after which this party is no longer legally reponsible for the consequences of his or her actions

Question 24

professional malpractice

Answer 24

the liability of a professional who breaches his or her duty of ordinary care

Question 25

negligent infliction of emotional distress

Answer 25

a tort that permits a person to recover for emotional distress caused by the defendants negligent conduct

Question 26

negligence per se

Answer 26

a trot in which the violation of a statue of an ordinance constitutes the breach of the duty of care.

Question 27

res ipsa loquitur

Answer 27

a tort in which the presumption of the negligence arises because (1) the defendant was in exclusive control of the situation and (2) the plaintiff would not have suffered injury but for someones negligence. the burden switches to the defendant to prove that he or she was not negligent.

Question 28

good Samaritan law

Answer 28

a statue that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations

Question 29

superseding event

Answer 29

an event for which a defendant is not responsible/ the defendant is not liable for injuries caused by the superseding or intervening event.

Question 30

assumption of risk

Answer 30

a defense a defendant can use against a plaintiff who knowingly and voluntarily enters into a participates in a risky activity that results injury

Question 31

contributory negligence

Answer 31

a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant

Question 32

comparative negligence (comparative fault)

Answer 32

a doctrine under which damages are apportioned according to fault

Question 33

strict liability

Answer 33

liability without fault

Question 34

product liability

Answer 34

the liability of manufacteres, sellers, and others for injuries caused by defective products