Final Exam Flashcards
A TORT IS
A CIVIL WRONG
THE PARTIES TO A LAWSUIT IN A TORT ARE
PLAINTIFF AND DEFENDANT
NICOLE BROWN SIMPSON’S FAMILY BROUGHT WHAT TORT ACTION AGAINST O.J. SIMPSON
WRONGFUL DEATH
THE BURDEN OF PROOF IN A CIVIL TORT CASE
A PREPONDERANCE OF EVIDENCE
WHAT IS AN ESSENTIAL ELELMENT OF TORTIOUS BATTERY
INTENTIONAL HARMFUL CONTACT
THE BUIILDING BLOCKS OF EVERY TORT ACTION ARE CALLED
NONE OF THESE ANSWERS ARE CORRECT
WHAT IS ANOTHER NAME FOR THE TORT OF INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS?
TORT OF OUTRAGE
A TORT DEFENDANT CANNOT BE HELD LIABLE TO THE TORT PLAINTIFF IF
THE DEFENDANT’S CONDUCT WASN’T FORSEEABLE
IN ORDER TO SUCCEED IN A TORTIOUS ACTTION OF FALSE IMPRISONMENT
THE PLAINTIFF MUST FULLY REALIZE THAT HE WAS IMPRISONED
IF THE DEFENDANT’S CONDUCT IS MISSING ONLY ONE ELEMENT OF A TORT THAT CONTAINS SIX ELEMENTS
NO LIABILITY EXISTS
WHAT IS CONVERSION?
EXERCISE OF DOMINION AND CONTROL OVER THE PROPERTY OF ANOTHER
MISREPRESENTATION IS
INTENTIONALLY MAKING A MATERIALLY FALSE STATEMENT
WHAT TORT CAN BE ALLEGED IN THE EVENT THAT THE NEIGHBOR’S DOG CONSTATLY BARKS?
NUISANCE
IN TORT LAW, A DEFENSE IS
USED BY THE DEFENDANT TO EITHER DENY OR REDUCE THE PLAINTIFF’S CLAIMED HARM
WHIS THE FOLLOWING TERMS IN NOT A DEFENSE TO A CLAIM OF INTENTIONAL TORT?
SANCTIONS
UNDER WHAT CIRCUMSTANCES CAN REAL PROPERTY BE DEFENDED WITH DEADLY FORCE
NEVER
WHAT ARE COMPENSATORY DAMAMGES?
TO REIMBURSE THE PLAINTIFF FOR ACTUAL OUT OF POCKET DAMAGES
WHAT IS THE DIFFERENCE BETWEEN REPOSSEION AND FORECLOSURE?
PERSONAL PROPERTY VERSUS REAL PROPERTY
WHAT TORT IS TRIGGERED WHEN A NON-RESPONSIBLE PARTY DOES NOT AID A STRANGER?
NONE OF THESE ANSWERS ARE CORRECT
DIVERSITY JURISDICTION IS USED
IN FEDERAL COURT
THE ATTRACTIVE NUISANCE DOCTRINE IS A DUTY OF CARE APPLICABLE TO
CHILDREN
UNDER THE ‘TRESPASSER RULE’ THE LANDOWNER OWES WHAT KIND OF DUTY OF CARE TO THE INTENTIONAL TRESPASSER?
LOWEST
AN ENTRANT ON A LANDOWNERS LAND MAY BE ONE OF THE FOLLOWING
ALL OF THESE ANSWERS ARE CORRECT
DRAM SHOP LIABILITY IS APPLICABLE TO OWNERS OF
BARS
GENERALLY, WHAT IS THE DUTY OF CARE OWED BY THE GOOD SAMARITAN?
NONE
A/AN ELEMENT OF NEGLIGENCE INCLUDES
ALL OF THESE ANSWERS ARE CORRECT
PROXIMATE CAUSE IS ALSO CALLED
LEGAL CAUSE
THEORETICALLY, WHAT DEFENSE “CUTS OFF” PROXIMATE CAUSE?
UNFORSEEABILITY
THE ‘EGGSHELL SKULL RULE’
REQUIRES THAT THE TORTFEASOR FINDS THE PLAINTIFF AS S/HE FINDS HIM
A CRITICAL ELEMENT FOR A CLAIM BASED UPON NEGLIGENCE IS
DAMAGES
INSURANCE IS
CONTRACT
GENERALLY, WHAT IS THE FIRST METHOD FOR DETERMINING WHETHER A POTENTIAL TORTFEASOR POSSESSES LIABILITY INSURANCE?
THE POLICE REPORT
INSURANCE POLICIES CONTAINS EXCULSION OF COVERAGE FOR
INTENTIONAL ACTS OF THE INSURED
THE TIME PERIOD DURING WHICH A TORT ACTION MUST BE COMMENCED FOLLOWING THE ACCIDENT?
STATUTE OF LIMITATIONS
A ‘WRONGFUL LIFE ACTION
IS BROUGHT BY OR ON BEHALF OF A CHILD’S BIRTH
SOVEREIGN OR GOVERNMENTAL IMMUNITY
PREVENTS A LAWSUIT AGAINST A GOVERNEMNT OR SOVEREIGN WITHOUT THE CONSENT OF THAT GOVERNEMNT OR SOVEREIGN
CHARITABLE IMMUNITY
IS GRANTED BY STATE LAW TO CHARITABLE ORGANIZATIONS
IS DIPLOMATIC IMMUNITY AN ACTUAL FORM OF IMMUNITY?
YES
CAN REMEDIES IN NEGLIGENCE BE AWARDED IN EQUITY?
YES
WHAT ARE PUNITIVE DAMAGES?
DAMAGES TO PUNISH THE TORTFEASOR
“CAVEAT EMPTOR” MEANS
BUYER BEWARE
STRICT LIABILITY CAN BE IMPOSED
WITHOUT REGARD OF THE INTENT TO THE DEFENDANT
STRICT LIABILITY WOULD LIKELY TO BE USED TO ESTABLISH HARM IN WHICH VENTURE
ALLIGATOR FARM
STRICT LIABILITY DOES NOT APPLY TO DOMESTIC ANIMALS
UNLESS THE OWNER HAD REASON TO KNOW OF THE ANIMAL’S NATURE
STRICT LIABILITY RARELY APPLIES TO
TRESPASSERS
AN EXAMPLE OF AN ABNORMALLY DANGEROUS ACTIVITY IS
ALL OF THESE ANSWERS ARE CORRECT
PRODUCTS LIABILITY IMPOSES HARM ON WHOM FOR HARM CAUSED BY MANUFACTURED GOODS
SELLERS
PRODUCTS LIABILITY CAUSES OF ACTION INCLUDE WHICH OF THE FOLLOWING DEFECTS
ALL OF THESE ANSWERS ARE CORRECT
WHAT IS AN EXAMPLE OF A PRODUCTS LIABILITY DESIGN DEFECT?
BOEING 737 MAXX AIRCRAFT
A COMMON PRODUCTS LIABILITY WARRANTY INCLUDES
IMPLIED WARRANTY
WHAT ARE TWO EXAMPLES OF DEFAMATION
SLANDER AND LIBEL
IS ACTUAL MALICE THE SAME AS LIBEL?
NO
WHEN CAN ABSOLUTE PRIVILEGE BE LOST?
NEVER
WHAT IS SLANDER OF TITLE?
STATEMENTS MADE TO CAST DOUBT ON A PLAINTIFF’S LEGAL OWNERSHIP OD PROPERTY
WHAT IS THE ABSOLUTE DEFENSE AGAINST DISPARAGEMENT?
THE TRUTH
