Exam 2 vocab Flashcards

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1
Q

appropriation

A

unauthorized use of another person’s name or likeness for one’s own benefit

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2
Q

assault

A

intentional infliction of apprehension of immediate bodily harm or offensive contact

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3
Q

battery

A

intentional infliction of harmful or offensive bodily contact

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4
Q

conversion

A

intentional exercise of dominion or control over another’s personal property
sells never return property

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5
Q

defamation

A

injury to a person’s reputation by publication of false statements

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6
Q

disparagement

A

publication of false statements resulting in harm to another’s monetary interests

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7
Q

false imprisonment

A

intentional interference with a person’s freedom of movement by unlawful confinement

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8
Q

false light highly

A

offensive publicity placing another in a false light

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9
Q

fraudulent misrepresentation

A

false statement made with knowledge of its falsity and with intent to induce another to act

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10
Q

infliction of emotional distress

A

extreme and outrageous conduct intentionally or recklessly causing severe emotional distress

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11
Q

intent

A

desire to cause the consequences of an act or knowledge that the consequences are substantially certain to result from the act

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12
Q

interference with contractual relations

A

intentionally causing one of the parties to a contract not to perform the contract

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13
Q

intrusion

A

unreasonable and highly offensive interference with the seclusion of another

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14
Q

libel

A

defamation communicated by writing, television, radio, or the like

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15
Q

misuse of legal procedure

A

torts protecting an individual from unjustifiable litigation

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16
Q

nuisance

A

non trespassory invasion of another’s interest in the private use and enjoyment of his land

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17
Q

personal property

A

any property other than an interest in land

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18
Q

privilege

A

immunity from tort liability

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19
Q

public disclosure of private facts highly

A

offensive publicity given to private information about another person

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20
Q

punitive damages

A

damages awarded in excess of normal compensation to punish a defendant for a serious civil wrong

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21
Q

real property

A

land and anything attached to it

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22
Q

recklessness

A

conduct that evidences a conscious disregard of or an indifference to the consequences of the act committed

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23
Q

slander

A

oral defamation

24
Q

tort

A

a civil wrong causing injury to persons, their property, or their economic interests

25
Q

trespass to personal property

A

intentional dispossession or unauthorized use of the personal property of another

26
Q

trespass to real property

A

wrongful entry onto another’s land

27
Q

Res ipsa loquitur

A

“the thing speaks for itself”; permits the jury to infer both negligent conduct and causation

28
Q

abnormally dangerous activity

A

strict liability is imposed for any activity that (1) creates a foreseeable and highly significant risk of harm and (2) is not one of common usage

29
Q

assumption of risk

A

express assumption of risk is a defense to an action based upon strict liability; some states apply implied assumption of risk to strict liability cases

30
Q

but-for test

A

the defendant’s conduct is a factual cause of the harm when the harm would not have occurred absent the conduct

31
Q

children

A

must conform to conduct of a reasonable person of the same age, intelligence, and experience

32
Q

comparative negligence

A

some states apply this doctrine to some strict liability cases

33
Q

contributory negligence

A

failure of a plaintiff to exercise reasonable care such that her failure is a legal cause of the plaintiff’s harm

34
Q

duty to act

A

a person is under a duty to all others at all times to exercise reasonable care for the safety of the others’ person and property; however, except in special circumstances, no one is required to aid another in peril

35
Q

duty to invitees

A

to exercise reasonable care to protect invitees against dangerous conditions possessor should know of but invitees are unlikely to discover

36
Q

duty to licensees

A

to warn of known dangerous conditions licensees are unlikely to discover for themselves

37
Q

duty to trespassers

A

not to injure intentionally

38
Q

emergencies

A

the reasonable person standard applies, but an unexpected emergency is considered part of the circumstances

39
Q

emergency

A

sudden, unexpected event calling for immediate action

40
Q

express assumption of the risk

A

plaintiff’s express consent to encounter a known danger

41
Q

factual cause

A

liability for the negligent conduct of a defendant requires that his conduct in fact caused harm to the plaintiff

42
Q

harm to legally protected interest

A

courts determine which interests are protected from negligent interference

43
Q

invitee

A

person invited upon land as a member of the public or for a business purpose

44
Q

keeping of animals

A

strict liability is imposed for wild animals and usually for trespassing domestic animals

45
Q

last clear chance

A

final opportunity to avoid an injury

46
Q

licensee

A

person privileged to enter or remain on land by virtue of the consent of the lawful possessor

47
Q

mental disability

A

a mentally disabled person is held to the reasonable person standard of a reasonable person who is not mentally deficient

48
Q

negligence

A

conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm

49
Q

negligence per se

A

conclusive on the issue of negligence (duty of care and breach)

50
Q

physical disability

A

a disabled person’s conduct must conform to that of a reasonable person under the same disability

51
Q

reasonable person standard

A

degree of care that a reasonable person would exercise under all the circumstances

52
Q

scope of liability

A

liability is limited to those harms that result from the risks that made the defendant’s conduct tortious

53
Q

strict liability

A

liability for nonintentional and nonnegligent conduct

54
Q

superior skill or knowledge

A

if a person has skills or knowledge beyond those possessed by most others, these skills or knowledge are circumstances to be taken into account in determining whether the person has acted with reasonable care

55
Q

superseding cause

A

intervening event that occurs after the defendant’s negligent conduct and relieves her of liability

56
Q

trespasser

A

person who enters or remains on the land of another without permission or privilege to do so

57
Q

violation of statute

A

if the statute applies, the violation is negligence per se in most states