Final Flashcards
5 Elements of Negligence
- did the defendant owe plaintiff a duty of due care?
- did the defendant breach this duty of due care?
- did the defendant’s breach of the duty of due care cause the plaintiff harm?
- was result of defendant’s breach so remote/bizarre/ unforseable/unusual/ it would be unfair to hold him or her liable
- was the plaintiff actually injured in some way?
If a crime does not injure an identifiable person, it is not a tort
TRUE
A victim of a tort may sue- and recover damages- in a criminal case against the tortfeasor
FALSE
Strict liability only applies to extreme negligence - not “garden variety” negligence
FALSE
Careless actions that result in injuries to others are always crimes - not only torts
FALSE
Motive is an element of tort liability
FALSE
Motive is an element of criminal liability
FALSE
Motive
the overall goal that prompts a person’s actions
not an element of a crime or tort
Intent
involves an express or implied desired to perform a particular act
3 major categories for Strict Liability
Animals
Abnormally Dangerous Activities
Products Liability
The same act can - but only rarely - be both a crime and tort
FALSE
Many actions that constitute torts also constitute crimes, and most crimes involve tortious acts
The same act can be both a breach of contract and a tort
TRUE
The tort of invasion of privacy is always defined as appropriation of another’s name or likeness
FALSE
Professionals have a duty to perform their functions at the same level as would a reasonable person
FALSE
as reasonable professional practicing the same profession
Negligence can be proven w/o showing showing an actual injury
FALSE
injury is the 5th element of negligence
Truth is not a defense to defamation
FALSE
The criminal law of all states is the same b/c all states have adopted a uniform criminal code
FALSE
Since a corporation is not a human being ( and thus cannot be sentenced to to prison) it cannot be convicted
FALSE
For business related crimes, managers cannot be criminally responsible for the conduct of their employees
FALSE
For an act to be deemed criminal, it is necessary that some person be named
FALSE
there are victimless crimes
Bribery
illegal payments or offers to pay, whether money, property, or services, to a political campaign, to government officials, or to other persons such a the employees of a competing firm, for the purpose of receiving favorable treatment, proprietary information, or other assistance that the briber either is not entitled to receive or - at the very least- cannot lawfully receive by the method chosen (kickbacks or payoffs)
Bribery requires the use of violence or the threat of violence
FALSE
White-collar crimes, typically, involve violence or the threat of violence
FALSE
Due process rights apply only to individuals - not artificial beings, such as corporations
FALSE