Part 2 (battery,etc) Flashcards

1
Q

What is Intent?

A

to use a certain means to achieve an end result

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2
Q

What are the 2 varieties of Intent?

A

Purpose and Knowledge

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3
Q

What is Purpose?

A

Subjective Desire

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4
Q

What is Knowledge?

A

Substantial Certainty

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5
Q

What is Negligence?

A

A breach of duty to use reasonable care with respect to another; conduct that foreseeabley subjects another to an unreasonable risk of harm

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6
Q

What are the 2 major traditional defenses to Negligence claims?

A

Contributory Negligence & Assumption of Risk

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7
Q

What is Contributory Negligence?

A

Failure to exercise reasonable care on one’s own behalf

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8
Q

What is Comparative Negligence?

A

A partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff’s own negligence contributed to cause the injury

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9
Q

What is Comparative Fault?

A

Where the fault is divided between the two parties, part of negligence

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10
Q

What is the opposite of Assumption of Risk?

A

Consent

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11
Q

What are Punitive Damages?

A

Damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.

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12
Q

What is Strict Liability

A

Basically, you don’t have to do anything wrong and are still liable

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