Keep forgetting (tort)

Question 1

Civil Cases burden of proof

Answer 1

“a preponderance of the evidence”- something is more likely than not to be true

Question 2

Nominal damages

Answer 2

Plaintiff can prove their rights were violated but cannot prove harm

Question 3

False imprisonment

Answer 3

restricts someone from moving how they want to (freedom of movement is restricted)

Question 4

Trespass to chattel

Answer 4

Chattel refers to perosnal property; characterized as wrongs to property

Question 5

Trespass to land

Answer 5

entering upon another person’s real property

Question 6

Intentional inflicition of emotional distress

Answer 6

you can always claim emotional distress, but you have the burden of proving it; must be recurring or have physical manifestations

Question 7

4 elements required to prove negligence

Answer 7

Duty of care, breach of duty, causation, and DAMAGES!!!!!!!

Question 8

Self defense

Answer 8

you have the right to defend yourself if you are in danger of imminent bodily harm; can not use deadly force if all thats in danger is property

Question 9

assumption of the risk

Answer 9

plaintiff voluntarily puts themself in a dangerous situation

Question 10

Greenman v. Yuba

Answer 10

extended strict liability to all consumer products; because products were so complex there is no way consumers can use their knowledge to inspect it for faults

Question 11

Cardozo

Answer 11

you have to limit liability to what is reasonably foreseeable because you don’t know how the future will turn out

Question 12

punitive damages

Answer 12

damages a guilty defendant is ordered to pay (only when defendant’s actions are particularly harmfil)

Question 13

Degrees of culpability

Answer 13

something extra (in terms of behavior) was added that made the act worse, so they should be prosecuted accordingly

Question 14

recklessness

Answer 14

higher degree of guilt or fault; likelihood of harm has been increased by behavior; different damages > more money owed