Module 6 Tort Law

Question 1

Tort

Answer 1

breach of a private duty imposed by the law

Question 2

intentional tort

Answer 2

intend wrongful purpose

Question 3

negligence

Answer 3

failure to exercise due care under the circumstances of which harm is proximately caused to one to whom the defendant owed a duty to exercise care

Question 4

strict liability

Answer 4

civil wrong fir which there is absolute liability because of inherent danger in the underlying activity for example, the use of explosives

Question 5

Defenses of Negligence

Answer 5

• contributory negligence
• comparative negligence
• assumption of the risk
• sovereign immunity

Question 6

Assault

Answer 6

• fear and apprehension of battery

o typically assault leads to battery

Question 7

False imprisonment

Answer 7

• any wrongful detainment where you are not free to leave (without that person’s consent)

Question 8

Shopkeeper’s privilege

Answer 8

• right of a store owner to detain a suspected shoplifter based on reasonable cause and for a reasonable time without resulting liability for false imprisonment

Question 9

Intentional emotional distress

Answer 9

created mental anguish caused by conduct that exceeds all bounds of decency

Question 10

Invasion of Privacy

Answer 10

• intentional intrusion into the private affairs of another

Question 11

Defamation

Answer 11

untrue statement by one party about another party

Question 12

Slander

Answer 12

• defamation of character by spoken words or gestures

Question 13

Libel

Answer 13

written or visual defamation without legal jurisdiction

Question 14

Product displacement

Answer 14

false statements made about a product

Question 15

Contract interference

Answer 15

• when a third party interferes with other’s freedom to contract

Question 16

Trespass

Answer 16

• unauthorized action with respect to person or property

Question 17

Malpractice

Answer 17

• when services are not properly rendered in accordance with commonly accepted standards

Question 18

Prima Facia cause of action

Answer 18

1. voluntary act
2. breach of duty of care
3. proximate cause
4. damage/injury

Question 19

Reasonable man of ordinary prudence

Answer 19

standard that you are held to

Question 20

Proximate Causation

Answer 20

law of who is responsible for an act

Question 21

Remote Causality

Answer 21

causation of an event alone is insufficient to create legal liability

Question 22

Damages

Answer 22

• general:
o pain/suffering

•	special:
o	dollar amount attached
o	property damage
o	loss of wage
o	medical bills etc.

Question 23

Strict Liability

Answer 23

• 3 areas:
o maintenance of hazardous conditions
o harboring wild animals
o product liability

Question 24

Declaration of Independence

Answer 24

1776;written mainly by Thomas Jefferson, it is in the form of a criminal indictment(charges brought against King George)

Question 25

The US Constitution

Answer 25

1789-adoptedd from James Madison’s Virginia Plan. Federalists (John Jay, James Madison, Alexander Hamilton) all wrote in favor of its adoption

Question 26

Constitution 4 powers

Answer 26

delegated powers, shared powers, police power, prohibited power

Question 27

Delegated powers

Answer 27

powers expressly granted to the national government. Equal to the government

Question 28

Shared powers

Answer 28

powers delegated to national government that may be excised by the state

Question 29

Police power

Answer 29

power to govern; power to adopt laws for the protection of the public health, welfare, and safety

Question 30

Prohibited powers

Answer 30

prohibits state and federal government from doing certain things. Ex: post facto

Question 31

Articulated powers

Answer 31

article one section 8 lays out 18 articulated powers for which congress has to follow

Question 32

Preemption

Answer 32

federal government’s superior over state law on the same subject area

Question 33

Wickard vs. Filburn(1941)

Answer 33

filburn lost even though his goods did not cross state lines, leading to the affection doctrine (Filburn’s behavior affected commerce);Affection Doctrine-expanded authority of federal government in regulating interstate commerce.

Question 34

Due Process

Answer 34

power of the government is limited by the 5th and 14th amendments. Government cant deprive you of “life liberty or property without due process of law.” 14th amendment also guarantees equal protection under the law.

Question 35

Due process: Substantive

Answer 35

the what; in the case, decides the nature of penalty, signify attitude to particular judicial review

Question 36

Due process: Procedural

Answer 36

the how; notice and hearing. How the charges will be brought about generally laid out in constitution in form of trial by jury

Question 37

Due process: imminent domain

Answer 37

government has to pay you if they take your land

Question 38

Due process: privilege and immunities

Answer 38

entitles a person going into another state to make contracts, own property, to the same extent as citizens of that state

Question 39

14th Amendment

Answer 39

have to have a basis to treat people, but can still treat people differently

Question 40

rational relations(14th)

Answer 40

the law is constitutional so long as it is “reasonably related” to a “legitimate” government interest

Question 41

Heightened scrutiny(14th)

Answer 41

basis of sex. The law is unconstitutional; unless it is substantially related to an “important” government interest

Question 42

Strict scrutiny(14th)

Answer 42

-(basis of race color religion age)law is unconstitutional unless it is “narrowly tailored” to serve a “compelling” government interest

Question 43

4th amendment

Answer 43

protects against unreasonable search and seizures. The highest level of protection is home, then person, then curtilage (area in fence.) Lowered expectation of privacy in business than in home

Question 44

Exigent Circumstances (4th amendment)

Answer 44

• means you can enter a structure without a warrant if, imminent danger, evidence faces imminent destruction, or a suspect will escape