Chapter 6

Question 1

A civil wrong other than a breach of contract, committed against a person or property for which a court provides a remedy in the form of an action for damages

Answer 1

Tort

Question 2

What are the objectives of tort law?

Answer 2

Preservation of peace, culpability, deterrence, compensation

Question 3

Find fault for wrongdoing

Answer 3

Culpability

Question 4

Discourage wrongdoer from committing future torts

Answer 4

Deterrence

Question 5

Unintentional commission or omission of an act that a reasonably prudent person would or would not perform under given circumstances

Answer 5

Negligence

Question 6

What are examples of commission of an act under negligence?

Answer 6

Administering wrong medication, administering wrong dosage, performing surgery without consent, etc

Question 7

What are some examples of omission of an act under negligence?

Answer 7

Failure to administer medication, failure to order required diagnostic tests, family to follow up on abnormal test results, etc

Question 8

Negligence or carelessness of a professional person

Answer 8

Malpractice

Question 9

Reckless disregard for the safety of another

Answer 9

Criminal negligence

Question 10

Execution of an unlawful or improper act

Answer 10

Malfeasance

Question 11

What is an example of malfeasance?

Answer 11

Performing abortion in the third trimester when it is prohibited by state law

Question 12

Improper performance of an act, resulting in injury to another

Answer 12

Misfeasance

Question 13

What is an example of misfeasance?

Answer 13

Wrong site surgery

Question 14

Failure to action, when there is duty to act as a reasonably prudent person would in similar circumstances

Answer 14

Nonfeasance

Question 15

What is an example of nonfeasance?

Answer 15

Failure to order diagnostic tests or prescribing medication

Question 16

What are the 4 elements that must be present for a plaintiff to recover damages caused by negligence?

Answer 16

Duty to care, breach of duty, injury, causation

Question 17

Legal obligation of care, performance, or observance imposed on one to safeguard the rights of others

Answer 17

Duty

Question 18

Describes what conduct is expected of an individual in a given situation

Answer 18

Standard of care

Question 19

Describes a nonexistent, hypothetical person who is put forward as the community ideal of what would be considered reasonable behavior

Answer 19

Reasonably prudent person

Question 20

Failure to conform to or the departure from a required obligation owed to a person

Answer 20

Breach of duty

Question 21

Referring to the relationship between a breached duty and injury

Answer 21

Proximate cause

Question 22

Must be a reasonable, close and causal connection between the defendants negligent conduct and resulting damages

Answer 22

Causation

Question 23

Reasonable anticipation that harm or injury is likely to result from an act or omission of an act

Answer 23

Foreseeability

Question 24

Tort committed deliberately

Answer 24

Intentional tort

Question 25

Deliberate threat, coupled with the apparent present ability to do physical harm to another; no action contact or damages necessary

Answer 25

Assault

Question 26

Intentional touch of another’s person, in a socially impermissible manner without their consent

Answer 26

Battery

Question 27

Unlawful restraint of an individual’s personal liberty or the unlawful restraining or confining of an individual

Answer 27

False imprisonment

Question 28

Communications to someone other than the person defamed that tends to hold that person’s reputation up to scorn and ridicule

Answer 28

Defamation of character

Question 29

Written form of defamation

Answer 29

Libel

Question 30

Wrong that invades the right of person to personal privacy

Answer 30

Invasion of privacy