tort_law_20240522192131 Flashcards
T or F: Most civil cases have to go to trial
False
What is an interrogatory?
Written questions for parties of a legal case
What is.
Oral questions for a case party(ies), recorded by a court stenographer.
What is the venire?
The jury panel
What does Voir Dire mean?
French for ‘look, speak”, another way of saying jury selection
What does ADR stand for?
Alternative Dispute Resolution
What three general actions can appellate courts take?
Affirm decision, reverse decision, remand (requires more info from court)
What is Prima Facie Evidence?
When a plaintiff presents evidence for each element of the case, and forms a basic case
Requirements for assault?
Intentional actions meant to cause fear or apprehension in another person
What is the reasonable person standard?
Whether an element has been met according to a hypothetical, reasonable person instead of the actual people involved
Requirements for battery?
One intentionally making contact with another that is harmful or offensive
What is battery known as?
A completed assault
What’s assault known as?
An attempted battery
T or F? Physical contact must leave a physical mark to be considered battery
False. Contact is any touch, no matter how slight.
What is false imprisonment?
Being intentionally and unlawfully restrained by the use of threat or force
What is emotional distress?
Intentional actions that a hypothetical, reasonable person would have suffered emotional distress from
Requirements for Emotional Distress?
Intentional/reckless conduct, causation (connection of action to distress), “intolerable” actions
What are the elements of malicious prosecution?
Defendant bringing shit case against plaintiff, plaintiff wins. Knowingly shit case, no probable charge
What is tresspassing?
Intentional, unprivileged entry onto plaintiff’s real property without permission. Intent not always required.
What is a strict liability tort?
Where the defendant doesn’t need to be aware of a wrongdoing to be charged with one.
What is an injunction?
A court order that tells someone to stop a specific action, or do a specific thing
What are the elements of trespass to chattels?
Intentional, unprivileged interference with property, damages, or loss of property
What are aggressors?
People who start fights (tort law)
T or F: People with martial arts training have the same legal opportunities as everyone else.
False. They have a greater legal responsibility and less (not no) of a case for self-defense
T or F: Deadly force can be used to protect property
False.
What is duress?
Threat of physical safety
T or F: Coercion is often notably different than duress
F
What is a compulsion claim?
An insanity plea, the defendant couldn’t help but commit the crime
What are the elements of a trespass?
Intentional unprivileged entry onto real property without permission
What is conversion?
Of personal property, retaining without permission
What is the difference between personal property and real property?
Personal property is things, real property is land
What are the four basic elements of negligence?
Duty, Breach, Causation, Damages
What does per se mean?
Of or by itself
What is a contingency fee?
A percentage paid to the plaintiff firm of the client’s court winnings (to cover legal fees)
What question is asked to determine a duty?
“Was the injury to the plaintiff reasonably foreseeable?”
What are examples of people who have higher legal duties than the average citizen?
Accountants, architects, attorneys, Doctors, stockbrokers, cops
T or F: Negligence per se uses the reasonable person standard.
F, it is dictated by statute
