Exam Study guide (pt2)

Question 1

What is a tort?

Answer 1

a noncontractual, civil wrong committed against a person or a person’s property for which a court may award a remedy in damages

Question 2

These are examples of what law?

• Ethics in Government Act
• Tucker Act
• Uniform Anatomical Gift Act
• Federal Tort Claims Act
• Military Claims Act
• Foreign Claims Act
• Gonzalez Act
• Uniform Code of Military Justice
• Patient Self-Determination Act
• Statutes of Limitation

Answer 2

Statutory Law

Question 3

These are examples of what law?

• Schloendorff v. Society of N.Y. Hospital
• Feres v. United States
• Canterbury v. Spence
• Matter of Fosmire v. Nicoleau
• Matter of Quinlan
• Cruzan v. Director Mo. Dept . of Health
• Roe v. Wade
• Maher v. Roe
• U.S. v. Karl Brandt
• Moore v. Regents Univ. of California
• Tarasoff v. Regents Univ. of California
• Goldfarb v. Virginia State Bar
• Parker v. Brown

Answer 3

Common Law

Question 4

These are examples of what law?

• OSHA regulations
• FDA regulations
• DoD regulations
• Air Force / Army / Coast Guard / Marine / Navy regulations
• The Common Rule

Answer 4

Administrative Law

Question 5

What is a contract?

Answer 5

A Legally binding agreement

Question 6

What are the elements of a contract?

Answer 6

• Competent parties
• Legal subject matter
• Offer
• Acceptance
• Consideration
• Mutual agreement

Question 7

What are the different types of Contracts?

Answer 7

• Written or Oral

- Express or Implied

Question 8

What are the remedies sought in a contract?

Answer 8

• Specific performance

- Damages

Question 9

What are defenses to contract actions?

Answer 9

• Elemental
• Performance
• Impossibility
• Sovereign immunity
• Frustration of performance
• Statute of limitations (typically 4 - 6 yrs)
• Res judicata

Question 10

What do the following make up?

• Enabling statutes
• Administrative law (FAR)
• Prescriptive statutes

Answer 10

Government contracts

Question 11

In government contracts, what do the prescriptive statues favor?

Answer 11

• Small business
• Organized labor
• Veterans
• Depressed areas

Question 12

Much of contract law is a matter of _____?

Answer 12

Common law; this is not as true in the area of government contracts

Question 13

Can torts be used against corporates?

Answer 13

Yes

Question 14

What are the three types of torts?

Answer 14

• Torts of strict liability
• Intentional torts
• Negligent torts

Question 15

Which tort is responsible for unleashing a dangerous instrumentality?

Answer 15

Torts of strict liability

Question 16

What are the elements of intentional torts?

Answer 16

• The wrong

- the likelihood of some harm

Question 17

What are these examples of?

• Assault
• Battery
• False imprisonment
• Violation of the right of privacy
• Abandonment
• Defamation:
  - (Libel - written)
  - (Slander - oral)
• Intentional infliction of emotional distress
• Outrage

Answer 17

intentional torts

Question 18

What are the elements of negligent torts (legally actionable negligence)?

Answer 18

• Duty
• Negligent breach of duty
• Injury
• Causation

Question 19

What are examples of negligent medical torts?

Answer 19

• Failure to meet the standard of care:
• Failure to consult
• Failure to refer
• Failure to obtain informed consent
• Abandonment
• Breach of confidentiality

Question 20

What are the outcomes to damages in tort?

Answer 20

• Compensatory

- Punitive

Question 21

Compensatory damages in torts may be what?

Answer 21

General or special (either one may be substantial or nominal)

Question 22

What are these examples of?

• Elemental
• Good Samaritan
• Res judicata
• Truth
• Charitable immunity
• Sovereign immunity
• Assumption of the risk
• Contributory negligence
• Comparative negligence
• Statute of limitations

Answer 22

defenses to tort actions

Question 23

What are the elements of legally actionable negligence (negligent torts)?

Answer 23

• Duty
• Negligent breach of duty
• Injury
• Causation