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Law > Exam 2 Vocab > Flashcards

Exam 2 Vocab Flashcards

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1
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

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2
Q

Wrongful interference with another’s business rights

A

Business Tort

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3
Q

A monetary award sought as a remedy for a breach of contract or a tortious action

A

Damages

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4
Q

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party

A

Compensatory Damages

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5
Q

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future

A

Punitive Damages

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6
Q

A wrongful act knowingly committed

A

Intentional Tort

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7
Q

One who commits a tort

A

Tortfeasor

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8
Q

Any word or action intended to make another person fearful of immediate physical harm - a reasonably believable threat

A

Assault

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9
Q

Unexcused, harmful or offensive physical contact with another that is intentionally performed

A

Battery

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10
Q

A reason offered and alleged by a defendant in an action or lawsuit as to why the plaintiff should not recover or establish what she or he seeks

A

Defense

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11
Q

Capable of serving as the basis of a lawsuit

A

Actionable

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12
Q

Anything published or publicly spoken that causes injury to another’s good name, reputation, or character

A

Defamation

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13
Q

Defamation in writing or another form having the quality of permanence

A

Libel

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14
Q

Defamation in oral form

A

Slander

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15
Q

A special right, advantage, or immunity granted to a person or a class of persons, such as a judge’s absolute privilege to avoid liability for defamation over statements made in the courtroom during a trial

A

Privilege

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16
Q

The deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth.

A

Actual Malice

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17
Q

The use by one person of another person’s name, likeness, or other identifying characteristic without permission and for the benefit of the user

A

Appropriation

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18
Q

Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment

A

Fraudulent Misrepresentation

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19
Q

A salesperson’s often exaggerated claims concerning the quality of property offered for sale, involving opinions rather than facts and are not legally binding promises or warranties

A

Puffery

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20
Q

Entry onto, above, or below the surface of land owned by another without the owner’s permission or legal authorization

A

Trespass to Land

21
Q

Wrongfully taking or harming the personal property of another or otherwise interfering with the lawful owner’s possession of personal property

A

Trespass to Personal Property

22
Q

Wrongfully taking or retaining possession of an individual’s personal property and placing it in the service of another

A

Conversion

23
Q

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances

A

Negligence

24
Q

The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others

A

Duty of Care

25
Q

The standard of behavior expected of a hypothetical reasonable person. The standard against which negligence is measured and that must be observed to avoid liability for negligence

A

Reasonable Person Standard

26
Q

A person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes

A

Business Invitee

27
Q

Professional misconduct or the lack of the requisite degree of skill as a professional

A

Malpractice

28
Q

Negligence on the part of a professional

A

Malpractice

29
Q

An act or omission without which an event would not have ocurred

A

Causation in Fact

30
Q

Legal cause which exists when the connection between an act and an injury is strong enough to justify imposing liability

A

Proximate Cause

31
Q

A defense to negligence in which a plaintiff may not recover for injuries or damages suffered from risks he or she knows of and has voluntarily assumed

A

Assumption of risk

32
Q

A rule in tort law, used in only a few states, that completely bars the plaintiff from recovering any damages if the damage suffered is the partly the plaintiff’s own fault

A

Contributory Negligence

33
Q

A rule in tort law used in the majority of states that reduces the plaintiff’s recovery in proportion to the plaintiff’s degree of fault, rather than barring recovery completely

A

Comparative Negligence

34
Q

A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence

A

Res Ipsa Loquitur

35
Q

The facts speak for themselves

A

Res Ipsa Loquitur

36
Q

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

A

Negligence per se

37
Q

Liability regardless of fault, which is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals and on manufacturers or sellers that introduce into commerce defective and unreasonably dangerous goods

A

Strict Liability

38
Q

A declaration that binds a person who makes it to do or not to do a certain act

A

Promise

39
Q

A person who makes a promise

A

Promisor

40
Q

A person to whom a promise is made

A

Promisee

41
Q

A set of promises constituting an agreement between parties, giving each a legal duty to the other and also the right to seek a remedy for the breach of the promises or duties

A

Contract

42
Q

An offer and an acceptance

A

Agreement

43
Q

An agreement that by law requires a specific form for its validity

A

Formal Contract

44
Q

A contract that has been fully performed by both parties

A

Executed Contract

45
Q

A contract that had not yet been fully performed

A

Executory Contract

46
Q

A contract that results when the elements necessary for contract formation are present

A

Valid Contract

47
Q

A contract that may be legally avoided at the option of one or both of the parties

A

Voidable Contract

48
Q

An obligation or contract imposed by law in the absence of an agreement, to prevent the unjust enrichment of one party

A

Quasi Contract

49
Q

Something of value received or promised to convince a person to make a deal

A

Consideration

Law (13 decks)

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