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BLAW > Torts > Flashcards

Torts Flashcards

1
Q

Torts

A

Specific area of the law designed to compensate a plaintiff who has been injured by the defendant.

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2
Q

2 Types of Damages Available to Plaintiff

A
  1. Compensatory Damages (Medical bills, lost wages, pain & suffering)
  2. Punitive Damages (Punishes the defendant)
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3
Q

3 Types of Torts

A
  1. Intentional Tort - Defendant meant to harm plaintiff
  2. Negligence - Defendant accidentally harmed plaintiff
  3. Strict Liability - Defendant is liable for committing an action
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4
Q

Intentional Torts

A
  1. Assault
  2. Battery
  3. False Imprisonment
  4. Defamation
  5. Outrage
  6. Invasion of Privacy
  7. Fraud
  8. Trespass to Land
  9. Theft
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5
Q

Assault

A

Fear of Harmful contact

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6
Q

Battery

A

Harmful or offensive contact

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7
Q

False Imprisonment

A

Intentional confinement of a person against their will & without justification

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8
Q

Defamation

A

A false statement made by one person to another & heard by a third party opinion is not defamation

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9
Q

Outrage

A

Acts that are so extreme that they cannot be tolerated in a civilized society

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10
Q

Invasion of Privacy

A

Subjecting a person to undesired publicity

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11
Q

Fraud

A

A false statement made by the defendant knowing it was false & plaintiff reasonably believed.

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12
Q

Trespass to Land

A

Interference w/ a person’s right to exclusive possession of land

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13
Q

Theft

A

Stealing personal property

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14
Q

3 Big Defenses in a Defamation Case

A
  1. Truth - absolute defense
  2. Absolute Privilege - Statements made in court
  3. Qualified Privilege - Statements made by a supervisor evaluating an employee
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15
Q

Negligence

A

Defendant accidentally hurts the Plaintiff

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16
Q

Plaintiff Must Prove 4 Things in a Negligence Case

A
  1. Defendant owed Plaintiff a duty of care
  2. Defendant breached duty of care
  3. Defendants act caused Plaintiff harm
  4. Plaintiff was injured
17
Q

Defenses to a Negligence Claim

A
  1. Assumption of Risk
  2. Contributory Negligence
  3. Comparative Negligence
  4. Modified Comparative Fault (AR)

BLAW (5 decks)

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