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100 > T > Flashcards

T Flashcards

1
Q

BATTERY

A

1) INTENT
2) HARMFUL OR OFFENSIVE CONTACT

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2
Q

ASSAULT

A

1) INTENT
2) REASONABLE APPREHENSION OF AN IMMINENT BATTERY

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3
Q

TRESPASS TO CHATTEL

A

1) INTENT
2) INTERFERENCE W USE
3) REMEDY= ACTUAL DAMAGES

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4
Q

CONVERSION

A

1) INTENT
2) SUBSTANTIAL INTERFERENCE W USE
3) REMEDY= FMV OF PROPERTY AT CONVERSION

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5
Q

TRESPASS TO LAND

A

1) INTENT
2) PHYSICAL INVASION OF LAND

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6
Q

IIED

A

1) INTENT OR RECKLESSNESS
2) EXTREME AND OUTRAGEOUS CONDUCT
3) SEVERE EMOTIONAL DISTRESS

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7
Q

BYSTANDER RULE IIED

A

1) CLOSE FAMILY MEMBER
2) D HAD KNOWLEDGE
3) SEVERE ED

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8
Q

NON FAMILY MEMBER BYSTANDERS IIED

A

BYSTANDER MUST SUFFER PHYSICAL HARM

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9
Q

FALSE IMPRISONMENT

A

1) INTENT
2) CONFINED, BOUNDED AREA
3) AWARE OF CONFINEMENT

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10
Q

SHOPKEEPER PRIVILEGE

A

1) REASONABLE BELIEF
2) DETAINED IN A REASONABLE MANNER
3) REASONABLE PERIOD OF TIME

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11
Q

NEGLIGENT TRESPASS TO LAND

A

1) NEGLIGENTLY ENTER LAND OF ANOTHER
2) LIABLE FOR DAMAGE TO LAND

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12
Q

NEGLIGENT IIED

A

1) NEGLIGENT CONDUCT
2) ZONE OF DANGER
3) SEVERE EMOTIONAL DISTRESS AND PHYSICAL HARM

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13
Q

BYSTANDER RULE NIED

A

1) CLOSE FAMILY MEMBER
2) EMOTIONAL DISTRESS

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14
Q

MISHANDLING OF A CORPSE

A

1) NEGLIGENT HANDLING OF A CORPSE
2) NO PHYSICAL HARM REQ’D

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15
Q

TRANSFERRED INTENT

A

D INTENDS TO COMMIT A TORT, BUT COMMITS:

1) A DIFF TORT OR
2) THE SAME TORT AGAINST A DIFF PERSON

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16
Q

TRANSFERRED INTENT, BOTH TORTS MUST BE FROM THE FOLLOWING:

A

ASSAULT
BATTERY
FALSE IMPRISONMENT
TRESPASS TO LAND
TRESPASS TO CHATTEL

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17
Q

DEFENSES TO INTENTIONAL TORTS; CONSENT

A

1) IMPLIED OR EXPRESS
2) CANNOT EXCEED SCOPE OF CONSENT

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18
Q

DEFENSES TO INTENTIONAL TORTS; SELF DEFENSE

A

1) REASONABLE BELIEF OF ATTACK

2) REASONABLE FORCE

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19
Q

DEFENSES TO INTENTIONAL TORTS; DEFENSE OF OTHERS

A

REASONABLE BELIEF THIRD PARTY TO BE ATTACKED

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20
Q

DEFENSES TO INTENTIONAL TORTS; DEFENSE OF PROPERTY

A

1) REASONABLE FORCE
2) REASONABLE BELIEF TO STOP INVASION OF LAND
3) CANNOT USE DEADLY FORCE TO DEFEND PROPERTY

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21
Q

PRIVATE NECESSITY

A

DEFENSE TO TRESPASS

LIABLE FOR DAMAGES TO PROPERTY

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22
Q

PUBLIC NECESSITY

A

1) PREVENTING PUBLIC HARM

2) NOT LIABLE FOR DAMAGES TO PROPERTY

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23
Q

NEGLIGENCE

A

1) DUTY
2) BREACH
3) CAUSATION
4) DAMAGES

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24
Q

DUTY

A

OWED TO FORSEEABLE PLAINTIFFS

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25
Q

STANDARD OF CARE

A

REASONABLY PRUDENT PERSON

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26
Q

UNKNOWN TRESPASSER

A

NO DUTY OF CARE

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27
Q

KNOWN TRESPASSER

A

WARN OF KNOWN DANGERS

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28
Q

LICENSEE

A

SOCIAL GUEST

WARN OF KNOWN DANGERS

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29
Q

INVITEE

A

BUSINESSES

WARN, INSPECT, AND MAKE SAFE

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30
Q

DUTY OF A PARENT

A

KNEW/ SHOULD HAVE KNOWN THAT CHILD WAS LIKELY TO CAUSE HARM

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31
Q

NO GENERAL DUTY TO RESCUE UNLESS

A

1) ASSUMPTION OF DUTY
2) SPECIAL RELATIONSHIP

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32
Q

SPECIAL RELATIONSHIP

A

COMMON CARRIER

INNKEEPER/GUEST

TEACHER/STUDENT

EMPLOYER/EMPLOYEE

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33
Q

DUTY OF A CHILD

A

OTHER CHILDREN OF SAME AGE, EXPERIENCE, AND MATURITY

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34
Q

DUTY OF A PROFESSIONAL

A

SIMILAR PROFESSIONALS W THE SAME EDUCATION, TRAINING, AND CUSTOMS

EXAMPLE:
o Doctor
o Lawyer
o Professional Athlete

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35
Q

BREACH OF DUTY

A

FAILURE TO COMPLY W DUTY OF CARE

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36
Q

ACTUAL CAUSATION

A

BUT FOR

ALMOST ALWAYS MET

37
Q

PROXIMATE CAUSATION

A

FORSEEABILITY

38
Q

DAMAGES

A

PHYSICAL INJURY

39
Q

INTERVENING CAUSE

A

FORSEEABLE EVENT

PAY ALL DAMAGES

40
Q

SUPERSEDING CAUSE

A

UNFORSEEABLE EVENT

CUTS OFF LIABILITY

ACT OF GOD, INTENTIONAL TORT, CRIMINAL ACT

41
Q

NEGLIGENCE PER SE

A

1) VIOLATION OF ORDINANCE/ STATUTE

2) INJURED PARTY IS OF PROTECTED CLASS

3) INJURY IS OF THE TYPE STATUTE WAS TRYING TO PREVENT

42
Q

RES IPSA LOQUITOR

A

CREATES AN INFERENCE OF NEGLIGENCE IF

1) ACCIDENT WOULD NOT NORMALLY OCCUR ULESS NEGLIGENCE

2) DEFENDANT HAD EXCLUSIVE CONTROL

43
Q

MODIFIED/ MODERN COMPARATIVE NEGLIGENCE

A

PLAINTIFF CANNOT RECOVER IF MORE THAN 50% AT FAULT

44
Q

PURE COMPARATIVE NEGLIGENCE

A

P’S DAMAGES REDUCED BY % OF FAULT

45
Q

CONTRIBUTORY NEGLIGENCE

A

P CANNOT RECOVER IF AT FAULT

46
Q

LAST CLEAR CHANCE EXCEPTION

A

D HAD LAST CLEAR CHANCE TO AVOID ACCIDENT

D DID NOT DO SO

P CAN RECOVER

47
Q

ASSUMPTION OF THE RISK

A

MUST HAVE KNOWLEDGE

MUST APPRECIATE THE DANGER

48
Q

JOINT AND SEVERAL LIABILITY

A

2 OR MORE PPL CAUSE SINGLE ACCIDENT

ALL D’S JOINTLY AND SEVERALLY LIABLE FOR DAMAGES

49
Q

CONTRIBUTION

A

CO-DEFENDANTS CAN SUE TO RECOUP MONEY

50
Q

VICARIOUS LIABILITY

A

EMPLOYER LIABLE FOR NEGLIGENT EMPLOYEES

EMPLOYEES ACTING W/IN SCOPE OF EMPLOYMENT

51
Q

INDEPENDANT CONTRACTORS- GENERALLY NOT LIABLE UNLESS

A

1) ABNORMALLY DANGEROUS ACTIVITY

2) NON DELEGABLE DUTY

52
Q

NON DELEGABLE DUTY

A

DUTIES THT INVOLVE SAFETY OR BENEFIT OF THE PUBLIC

EXAMPLE :
Non-Delegable Duty:
o Chop off ice on sidewalk
o Clean windows
o Polish floor in office building

Not a Non-Delegable Duty:
o Redoing Jon’s bathroom

53
Q

INDEMNIFICATION

A

MAY SEEK INDEMNIFICATION FROM WHOEVER ACTUALLY CAUSED THE DAMAGE

54
Q

STRICT LIABILITY

A

1) POSSESSION OF WILD ANIMALS
2) ABNORMALLY DANGEROUS ACTIVITIES

55
Q

POSSESSION OF WILD ANIMALS

A

NON-DOMESTICATED ANIMALS

INJURY THT WOULD NORMALLY OCCUR

DOMESTIC ANIMALS W DANGEROUS PROPENSITIES

Examples:
Wild animals:
o Lions, tigers, and bears
Not Wild animals:
o Dogs and cats

56
Q

ABNORMALLY DANGEROUS ACTIVITY

A

EXCAVATION

DYNAMITE

TOXIC CHEMICAL

57
Q

DEFENSES TO STRICT LIABILITY; ASSUMPTION OF THE RISK

A

DEFENSE TO STRICT LIABILITY

KNEW AND APPRECIATED THE RISK

58
Q

PRODUCT LIABILITY

A

A PRODUCT BREAKS OR DOESNT WORK PROPERLY

3 CAUSES OF ACTION

1) NEGLIGENCE

2) BREACH OF WARRANTY

3) STRICT PRODUCTS LIABILITY

59
Q

PRODUCTS LIABILITY- NEGLIGENCE

A

NEGLIGENCE IN THE CHAIN CAUSED THE PRODUCT TO BREAK OR NOT WORK

60
Q

PRODUCTS LIABILITY - BREACH OF WARRANTY

A

PROMISE ABOUT PRODUCT PERFORMANCE

61
Q

MERCHANTABILITY

A

PRODUCT ACTED AS IT SHOULD

62
Q

FITNESS FOR A PARTICULAR PURPOSE

A

PRODUCT ONLY WORKS FOR PARTICULAR PURPOSE

Examples:
o Hurricane windows can withstand certain wind
speeds
o Tires can only withstand speed up to a certain
mph
o Phone can only make so many phone calls

63
Q

STRICT PRODUCTS LIABILITY

A

1) DEFECTIVE PRODUCT
2) SOLD BY COMMERCIAL SELLER
3) FORESEEABLE USER
4) USED IN MANNER IT WAS INTENDED

64
Q

COMMERCIAL SELLER

A

IN THE BUSINESS OF SELLING THE PRODUCT

65
Q

INADEQUATE/FAILURE TO WARN

A

A TYPE OF DEFECTIVE PRODUCT UNDER STRICT PRODUCTS LIABILITY

66
Q

DEFENSES TO STRICT PRODUCTS LIABILITY

A

1) ASSUMPTION OF THE RISK

2) MISUSE

67
Q

PRIVATE NUISANCE

A

UNREASONABLE INTERFERENCE W USE AND ENJOYMENT

OBJECTIVE STANDARD

68
Q

PUBLIC NUISANCE

A

UNREASONABLE INTERFERENCE TO PUBLIC

BROUGHT BY GOV OFFICIAL

PRIVATE PLAINTIFFS MUST PROVE SPECIAL DAMAGES

Examples:
o Contaminated water
o Electric lines that are emanating nuclear power

69
Q

DEFAMATION

A

1) FALSE STATEMENT
2) ABOUT PLAINTIFF
3) HURTS REPUTATION
4) PUBLICATION
5) DAMAGES

70
Q

PUBLICATION

A

HEARD AND UNDERSTOOD BY THIRD PERSON TO BE ABOUT THE PLAINTIFF

71
Q

LIBEL

A

WRITTEN OR PRINTED

NO SPECIAL/PECUNIARY DAMAGES

72
Q

SLANDER

A

SPOKEN

MUST PROVE SPECIAL DAMAGES

73
Q

SLANDER PER SE

A

DAMAGES PRESUMED:

1) PROFESSION
2) CHASTITY OF A WOMAN
3) CRIME OF MORAL TURPITUDE
4) LOATHSOME DISEASE

74
Q

DEFAMATION- PRIVATE INDIVIDUAL

A

STANDARD OF PROOF: NEGLIGENCE

75
Q

DEFAMATION- PUBLIC FIGURE

A

STANDARD OF PROOF: ACTUAL MALICE

KNOWLEDGE OR RECKLESS DISREGARD OF THE TRUTH

76
Q

DEFENSES TO DEFAMATION

A

1) TRUTH IS AN ABSOLUTE DEFENSE TO DEFAMATION

2) PRIVILEGES

77
Q

ABSOLUTE PRIVILEGE

A

STATEMENTS MADE IN THE COURSE OF OFFICIAL PROCEEDINGS ARE PROTECTED

Examples:
o Court Appearances
o Government officials yelling at each other

78
Q

QUALIFIED PRIVILEGE

A

STATEMENT APPEARS NECESSARY TO PROTECT DEFENDANTS/ PUBLICS INTEREST

HONEST AND REASONABLE BELIEF

Examples:
o Request to make a statement on your behalf
o Letter of Recommendation/Character Reference

79
Q

INVASION OF PRIVACY; FALSE LIGHT

A

PORTRAY SOMEONE IN FALSE LIGHT

80
Q

INVASION OF PRIVACY; APPROPRIATION

A

UNAUTHORIZED USE OF LIKENESS OR IMAGE FOR PROFIT

81
Q

INVASION OF PRIVACY; PUBLIC DISCLOSURE

A

PUBLIC DISCLOSURE OF A PRIVATE MATTER

NOT NEWS WORTHY

Examples:
o Things you put out there yourself
o Kardashian’s TV show

82
Q

INVASION OF PRIVACY; INTRUSION UPON SECLUSION

A

PHYSICAL INVASION OF A PRIVATE SPACE

83
Q

INTENTIONAL MISREPRESENTATION

A

1) MISREP OF MATERIAL FACT
2) SCIENTER
3) INTENT TO INDUCE RELIANCE
4) RELIANCE
5) DAMAGES

84
Q

NEGLIGENT MISREP

A

1) NEGLIGENCE
2) SPECIAL RELATIONSHIP
3) DETRIMENTAL RELIANCE
4) DAMAGES

85
Q

TORTIOUS INTERFERENCE W CONTRACTUAL RELATIONSHIP

A

1) K EXIST
2) D HAS KNOWLEDGE
3) INTENTIONAL INTERFERENCE
4) DAMAGES

Example:
o Agency in sports or movie business

86
Q

MALICIOUS PROSECUTION

A

1) CRIMINAL PROCEEDING
2) NO PROBABLE CAUSE
3) IMPROPER PURPOSE
4) DISMISSED IN FAVOR OF ACCUSED

87
Q

A PERSON WHO HIRES AN IC ORD IS NOT LIABLE FOR INJURY TO A 3RD PARTY CAUSED BY THE IC’S NEGLIGENCE

EXCEPTION

A

WHEN THE PERSON DIRECTLY INFLUENCES THE MANNER IN WHICH THE IC PERFORMS THE WORK

88
Q

A COMMERCIAL SELLER OF A NONDEFECTIVE COMPONENT PART THT IS INCORPORATED INTO A FINISHED PRODUCT BY THE PRODUCTS MANUFACTURER IS NOT STRICTLY LIABLE FOR INJURIES CAUSED BY THE PRODUCT UNLESS

A

THE SELLER SUBSTANTIALLY PARTICIPATED IN THE INTEGRATION OF THE PART INTO THE DESIGN OF THE FINISHED PRODUCT AND

THE INTEGRATION OF THE COMPONENT IS WHAT RENDERED THE FINISHED PRODUCT DEFECTIVE

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