Exam 2 CHP 6

Question 1

The failure to do something that a reasonable person would do or the doing of something that a reasonable person would not do.

Answer 1

Negligence

Question 2

Represents how persons in the relevant community ought to behave.

Answer 2

Reasonable person

Question 3

Duty of care in a given situation, standard of reasonableness.

Answer 3

Standard of care

Question 4

Standard is that of a reasonably competent and experienced person in that profession. I.E. Doctor, Engineer, Financial Consultant.

Answer 4

Professional Standard

Question 5

A professional shows either gross or unintentional negligence.

Answer 5

Malpractice breach

Question 6

Established by evidence showing that a defendant’s action or inaction is the actual cause of an injury that would not have occurred but for the defendant’s behavior.

Answer 6

Causation-in Fact

Question 7

Limits liability to consequences that bear a reasonable relationship to the negligent conduct.

Answer 7

Proximate cause

Question 8

Liabilities that can cause injury to a business’s property

Answer 8

Premises liability

Question 9

Owed - A safe business environment

Answer 9

Duty owed to a business invitee

Question 10

Plaintiff was injured from an explosion caused by another customer on a business’s premises. Plaintiff sued the company for insufficient safety protocol.

Answer 10

Palsgraf v. Long Island Railway

Question 11

Used against an injured party who voluntarily assumed the risk of harm arising from the negligent or reckless conduct of another, may not be allowed to recover compensation for such harm.

Answer 11

Defenses to negligence

Question 12

Assumption of risk, liability waiver, a contract by which the plaintiff promised not to sue in a case of injury.

Answer 12

Exculpatory Clause

Question 13

Under the rule, the court determines how much at fault should be assigned to the plaintiff and the defendant.

Answer 13

Comparative negligence

Question 14

The plaintiff must contribute at least 51% of the negligence for no recovery to be allowed.

Answer 14

51% rule - Contributory negligence

Question 15

Classified on the basis of the personal and property interests the law protects. Based on the intent of a defendant to interfere with the protected interests of a plaintiff.

Answer 15

Intentional torts

Question 16

Intentional conduct directed at a person that places the person in fear of immediate bodily harm or offensive contact.

Answer 16

Assault

Question 17

Unlawful touching, which is intentional physical contact without consent.

Answer 17

Battery

Question 18

An employee who experienced an emotionally distressing prank from coworkers and supervisors. Sued for compensation for assault and battery due to unlawful arrest.

Answer 18

Feuerbach v. Southwest Airlines

Question 19

Privilege based on the need to allow people who are attacked to take steps to protect themselves.

Answer 19

Self-defense

Question 20

Occurs when the injured party gave permission to the alleged wrongdoer to interfere with a personal right.

Answer 20

Consent

Question 21

The intentional holding, detaining, or confining of a person that violates the protected interest in freedom from restraint of movement.

Answer 21

False imprisonment

Question 22

Involves conduct so outrageous that it creates severe mental distress in a person.

Answer 22

Emotional distress

Question 23

Applied by judges to restrict or limit the right to make claims for damages because of a concern that permitting a claimant to recover in such situations might open the metaphorical “floodgates” to large numbers of claims.

Answer 23

Floodgate argument

Question 24

An employee who was a manager at a company developed medical conditions prohibiting her from working full-time. The company tried to layoff the employee due to inadequate standards at the work location. The employee sued for discrimination.

Answer 24

Lawler v. Mont Blanc

Question 25

A person’s right to solitude and to be free from unwarranted public exposure.

Answer 25

Invasion of privacy

Question 26

Unauthorized use of another’s name, likeness, or identity without that person’s permission, resulting in harm to that person.

Answer 26

Misappropriation of identity

Question 27

Case about a woman who sued a hotel over the hotel’s negligence in protecting her information from a peeping stalker. The woman also sued the stalker, winning 55 million collectively.

Answer 27

Erin Andrews case

Question 28

Intentional false communication that injures a person’s reputation or good name.

Answer 28

Defamation

Question 29

Intentional SPOKEN communication that injures a person’s reputation or good name.

Answer 29

Slander

Question 30

Intentional PUBLISHED communication that injures a person’s reputation or good name.

Answer 30

Libel

Question 31

Where most defamation suits happen. As a result, the involved parties have a policy of providing no information.

Answer 31

Workplace Defamation

Question 32

If a statement that caused harm to a person’s reputation is true, it can be used as a defense.

Answer 32

Truth as a defense

Question 33

Eliminates liability when the false statement was published in a good faith and with proper motives, such as for a legitimate business purpose.

Answer 33

Conditional privilage

Question 34

Protects members of the press who publish opinion material about public officials, public figures, or persons of legitimate public interest.

Answer 34

Constitutional Privilege

Question 35

If a statement was made with reckless disregard for the truth.

Answer 35

Actual Malice

Question 36

The thing speaks for itself, plaintiff states a case that is obvious

Answer 36

Res ipsa loquitur

Question 37

The injury would not have occurred but for the conduct of the party accused of committing a tort.

Answer 37

Qua non