Torts Flashcards
1
Q
What is the key feature of the U.S. government?
A
A federal system that balances power between the federal and state governments.
2
Q
What are the three branches of government established in Article I, II, and III?
A
- Article I: Legislative Branch (enacts laws)
- Article II: Executive Branch (governor)
- Article III: Judicial Branch (state courts, interprets laws)
3
Q
Where must financial bills originate?
A
They must start in the House of Representatives.
4
Q
What system does the Legislative Branch use?
A
A bicameral system, which is more extensive than the Judicial Branch.
5
Q
What is the Supremacy Clause?
A
The Constitution is the supreme law of the land, followed by federal laws, state constitutions, and state laws.
6
Q
What are the types of powers in the U.S. government?
A
- Reserved Powers (for states)
- Concurrent Powers (shared between state and federal)
- Delegated Powers (to the federal government)
6
Q
What is the principle of double jeopardy state?
A
You cannot be arrested for the same crime twice, but can violate both federal and state laws.
7
Q
What is the role of Congress regarding the federal courts?
A
Congress creates federal courts, determines their jurisdiction, and sets the types of cases they can address (excluding the Supreme Court).
8
Q
Who appoints judges, and what is their term length?
A
Judges are appointed by the president with Senate advice and consent, and they serve for life.
9
Q
What is the structure of the Supreme Court?
A
The Supreme Court is the highest court in the federal judiciary, consisting of 9 members: 1 Chief Justice and 8 Associate Justices.
10
Q
What is the Writ of Certiorari?
A
A document submitted to the Supreme Court for them to accept an appeal; at least 4 out of 9 justices must agree to take the case.
11
Q
What are Circuit Courts of Appeals?
A
There are 13 U.S. Circuit Courts of Appeals that hear appeals and have a significant amount of precedents.
12
Q
What are U.S. District Courts?
A
The first level of federal courts where civil or criminal cases start; there are 94 U.S. District Courts.
13
Q
How do state courts differ from federal courts?
A
State courts can hear any case, including federal law cases, but are not required to hear every case.
14
Q
What is the Indian Civil Rights Act?
A
It limits penalties for Native Americans to less than one year of imprisonment and less than a $5,000 fine.
14
Q
What are the primary sources of U.S. law?
A
- Constitution
- Statutes and ordinances
- Common law (judge-made law)
- Administrative law
15
Q
What is the U.S. Tort System?
A
A civil legal system where individuals or businesses can sue for liabilities, such as automobile accidents and medical malpractice.
16
Q
What does the 11th Amendment address?
A
It addresses state sovereignty, allowing states to restrict lawsuits against them in federal court unless they consent.
17
Q
What is sovereign immunity?
A
It prevents citizens from suing the state without its consent, protecting the state from liability for actions of its employees.
18
Q
What is the Federal Tort Claims Act?
A
A 1946 law that allows plaintiffs to seek compensation from the U.S. government for torts committed by its employees.
19
Q
What are the four key parts of a legal complaint?
A
- General information
- Jurisdiction
- Allegations or claims
- Relief (specific requests)
20
Q
How are torts integrated into the U.S. democratic system?
A
Torts provide a way for individuals to seek redress for wrongs, including environmental issues, exemplified by Ralph Nader’s lawsuits.
21
Q
What does “tortum” mean?
A
“Tortum” means wrong, twisted, or crooked, which reflects the nature of tort law.
22
Q
How do torts differ from criminal and contract law?
A
Torts address civil wrongs that result in harm, providing legal recourse when no contract exists; criminal law involves public offenses, while contract law deals with breaches of agreements.
22
What is the "duty of care" in tort law?
The law requires individuals to avoid actions that could foreseeably harm others, establishing a standard of behavior.
23
What is a pure tort?
A pure tort is a wrongful act that is neither a crime nor a breach of contract, rendering the perpetrator liable to the victim for damages.
24
What is the primary aim of tort law?
To provide relief for damages incurred and deter others from committing similar harms.
25
What types of remedies can be sought in tort law?
The injured party may seek monetary damages or an injunction to prevent ongoing tortious conduct.
26
How does tort law interact with economic affairs?
It provides remedies for businesses harmed by unfair trade practices.
27
What protections does tort law provide in the workplace?
It protects employees from intentional or negligent infliction of emotional distress.
28
How does tort law regulate environmental issues?
It allows individuals and businesses to seek remedies against those who pollute to the extent that it constitutes a nuisance.
29
What are the objectives of tort law?
To compensate victims, shift costs to responsible parties, discourage harmful behavior, and vindicate compromised legal rights.
30
What are the three general categories of tort law?
- Intentional Torts: Wrongdoing that is intentionally inflicted (e.g., assault).
- Negligent Torts: Resulting from unreasonably unsafe actions (e.g., car accidents).
- Strict Liability Torts: Liability regardless of carefulness (e.g., defective products).
31
What is the source of tort law?
Tort law is state law developed through judicial decisions (common law) and legislative acts (statutory law).
32
What is the Restatement of Torts?
A publication by the American Law Institute that presents an orderly statement of general tort law in the U.S., serving as a guide but not law.
33
What are some types of injuries addressed by tort law?
- Injuries to Person: Assault, battery, defamation, emotional distress, false imprisonment, wrongful death.
- Injuries to Property: Trespass to land, trespass to chattels, product liability, nuisance, misrepresentation.
34
What are the three elements that must be established in every tort action?
- Legal Duty: The defendant had a duty to act in a certain way.
- Breach of Duty: The defendant failed to meet that duty.
- Causation: The plaintiff suffered injury or loss as a direct result of the breach.
35
How do torts impact individual rights?
Tort law recognizes various areas where individuals have legal redress for wrongs done to them, helping to protect their rights and interests.
36
What is the difference between a tort and a crime?
A crime is a violation of public duty, while a tort arises from a violation of private duty. A crime can also be a tort.
37
Who brings a tort action?
The victim of the tort brings the civil action against the defendant.
37
What is a tort?
A tort is a civil action brought by a victim to seek a remedy for a wrong or injury.
37
What is the primary purpose of tort law?
To provide a remedy, typically in the form of compensation, for injuries suffered by the victim.
38
What does "remedy" mean in the context of tort law?
A remedy refers to the compensation or relief awarded to the injured party for their losses.
39
How does the burden of proof differ in tort cases compared to criminal cases?
In tort cases, the burden of proof is on the plaintiff to establish liability by a preponderance of evidence, whereas in criminal cases, the prosecution must prove guilt beyond a reasonable doubt.
39
What is the standard of proof required in tort cases?
The standard of proof is "preponderance of evidence," meaning the plaintiff must show that it is "more likely than not" that the defendant is liable for the injuries.
39
What is a crime?
A crime is a criminal action that is prosecuted to punish the perpetrator for violating laws.
39
What is the primary purpose of criminal law?
To punish the perpetrator for unlawful behavior.
40
Who brings a criminal action?
Criminal actions are brought by the authorities (such as the government or state).
40
What is the standard of proof required in criminal cases?
The standard of proof is "beyond a reasonable doubt," meaning the evidence must be sufficient to eliminate any reasonable doubt of the defendant's guilt in the mind of a reasonable person.
40
How does the burden of proof in criminal cases differ from that in tort cases?
In criminal cases, the prosecution must prove the defendant's guilt beyond a reasonable doubt, whereas in tort cases, the plaintiff only needs to prove liability by a preponderance of evidence.
40
What does "remedy" mean in the context of criminal law?
A remedy refers to the punishment imposed on the offender, which can include fines, imprisonment, or other penalties.
41
Can individuals represent themselves in court?
Yes, individuals can be Pro Se litigants and represent themselves in both civil and criminal cases, but judges evaluate the individual's age, education, and the complexity of the charges.
42
What is the difference between assault and battery?
- Assault: The apprehension of imminent harm (e.g., fearing a hit).
- Battery: The actual physical contact or touching, regardless of harm (e.g., being touched without injury)
42
In the context of assault and battery, how does age and intent matter?
A child's action of attempting to hit an adult may result in a battery claim if no harm occurs, while an adult's action may lead to assault due to the perceived threat of harm.
43
How should causation be treated in legal contexts compared to daily life?
Causation in legal contexts should consider the same principles as in daily life but must adhere to specific legal standards to establish liability and responsibility.
44
What criteria should be considered in legal proceedings to determine causation?
The criteria include:
- Direct cause (but for test)
- Proximate cause (foreseeability)
- Intervening and superseding causes
- Independent sufficient causes
45
What is the function of causation in legal contexts?
Causation functions in three main ways:
- Forward-looking: Helps predict outcomes based on present conditions.
- Backward-looking: Explains past events based on prior conditions.
- Attributive: Determines responsibility for outcomes resulting from actions or interventions.
45
Is causation synonymous with responsibility?
No, causation is not responsibility. Determining legal responsibility involves examining both the cause and whether the conduct was tortious, alongside any applicable defenses.
46
What is liability in common law?
Liability is the legal responsibility for acts or omissions that can lead to lawsuits for damages or criminal prosecution.
46
What are the three elements required to establish liability?
1. Cause: A direct link between the act and harm.
2. Social Harm: Recognized legal harm resulting from the act.
3. Concurrence: The act and the guilty mind (mens rea) must coincide.
47
What is the “but for” test in causation?
The “but for” test determines if the harm would not have occurred "but for" the defendant's actions, establishing direct cause.
48
What is the “foreseeability” test in proximate cause?
The foreseeability test assesses whether the harm resulting from an action was a foreseeable outcome of that action.
49
Explain the Palsgraf v. Long Island Railroad Co. case's significance.
The case illustrates the distinction between cause in fact (direct causation) and proximate cause (foreseeability), where the court found cause in fact but not proximate cause due to the unpredictability of the harm to Mrs. Palsgraf.
49
What is a superseding cause?
A superseding cause is an unforeseeable event that breaks the chain of causation, absolving the original actor of liability for the resultant harm.
49
What is an intervening cause?
An intervening cause is an event that occurs after the initial act that contributes to the harm, but the original actor may still be liable if it was foreseeable.
49
Define “social harm” in the context of criminal law.
Social harm refers to the injury or endangerment of socially valuable interests and is central to defining and prosecuting crimes.
49
How are intent and motive different in legal contexts?
- Intent is the awareness of the consequences of an action,
- Motive is the reason or impulse behind committing the act.
49
What is concurrence in criminal law?
Concurrence requires that the act (actus reus) causing social harm occurs alongside a criminal state of mind (mens rea), ensuring that both elements are present simultaneously.
50
How is an actor's state of mind typically proved in court?
An actor's state of mind can be proven through:
- Direct evidence: Rarely available statements about intent.
- Circumstantial evidence: Inferences drawn from the actor's conduct and the context surrounding their actions.
51
What is an intentional tort?
An intentional tort is an act committed with the intent to cause specific consequences or harm to another person, where the defendant knew or should have known that their actions would likely result in harm.
52
How do we determine whether an act constitutes an intentional tort?
An act is considered an intentional tort if:
- The person acts with the purpose of producing a consequence, or
- The person acts knowing that the consequence is substantially certain to result.
53
What does "apprehension" mean in the context of assault?
Apprehension refers to the awareness or perception of a threat of harm or offensive contact. It requires that the victim is conscious of the defendant's threatening behavior, and there must be an apparent intent to carry out the threat.
53
What is "transferred intent"?
Transferred intent occurs when a defendant intends to commit a tort against one person but unintentionally harms another. The defendant can still be held liable for the intentional tort against the unintended victim.
54
Define assault in the context of tort law.
Assault is the intentional act that causes the victim to have a reasonable apprehension of immediate harmful or offensive contact. The victim must perceive the threat at the time, but fear is not a requirement.
55
What is battery in tort law?
Battery occurs when a defendant intentionally causes harmful or offensive contact with the victim's person. This includes both physical harm and offensive contact that an average person would consider objectionable.
56
What types of contact can constitute battery?
Battery can involve:
- Physical harm: Any impairment of the body, such as cuts, bruises, or burns.
- Offensive contact: Actions like poking, spitting, or unwanted kissing that may not cause physical injury but are hostile or insulting.
56
Define false imprisonment.
alse imprisonment is the intentional confinement of another person within fixed boundaries, achieved through physical barriers, threats of force, or duress that removes consent. It requires that the defendant actively participates in the confinement.
56
What are the requirements for liability in false imprisonment?
To be liable for false imprisonment, the defendant must:
- Actively and knowingly participate in the confinement.
- Have a role in instigating the wrongful aspect of the confinement, rather than merely providing information to others.
57
What happens if a confinement is imposed under the color of legal authority?
If an arrest is made without legal authority, it constitutes false arrest, which is a form of false imprisonment. The individual making the arrest can be held liable for this wrongful act.
57
How does confinement relate to false imprisonment?
Confinement must occur within fixed boundaries, either through physical means or threats. Mere moral or social pressure does not qualify as false imprisonment.
58
What constitutes trespass to land?
Trespass to land can occur through:
- Entering upon the land.
- Causing something or a third person to enter the land.
- Remaining on the land after the right to be there has ended.
- Failing to remove something from the land that one has a duty to remove.
58
Is harm required to prove trespass to land?
No, harm is not required to prove trespass to land. The lack of knowledge about the trespass is also not a valid defense.
58
What areas are included in trespass to land?
Trespass to land includes:
- The surface area of the property.
- Buildings and other structures.
- Trees, bushes, and anything attached to the property.
59
What types of damages are recoverable for trespass to land?
Damages for trespass to land include:
- All harm directly resulting from the trespass.
- A broad range of consequential damages, even if the harm was neither intended nor foreseeable.
- Physical harm, which can include emotional distress.
59
What is trespass to chattels?
Trespass to chattels occurs when there is intentional interference with the plaintiff's chattel, including:
- Damage, alteration, or unpermitted use or movement of the chattel.
- Depriving the possessor of possession or control over the chattel, even briefly.
60
Is trespass to chattels an intentional tort?
Yes, trespass to chattels is exclusively an intentional tort.
60
How is conversion related to trespass to chattels?
Conversion can be seen as a serious form of trespass to chattels, so significant that it justifies forcing the defendant to buy the item in question.
61
Define conversion in legal terms.
Conversion is defined as intentional conduct that:
- Deprives another of their property permanently or for an indefinite time, or
-Involves the intentional exercise of dominion or control over a chattel inconsistent with another's property rights.
62
What is conversion in legal terms?
Conversion is the intentional act of depriving someone of their property permanently or for an indefinite period, effectively treating the property as one's own.
63
What is a key time element in establishing conversion?
A long period of time during which the defendant exercises control over the property can be a critical factor in determining conversion.
63
What type of liability arises from conversion?
The defendant is liable for the full market value of the property at the time of conversion, reflecting the total loss incurred by the owner.
64
Does conversion require the defendant to have taken possession of the property?
No, conversion can occur even without physical possession. It can involve any intentional exercise of control over someone else's property that denies them its use or enjoyment.
64
How does losing or destroying property relate to conversion?
Losing or destroying someone’s property can constitute conversion if it results from intentional conduct that deprives the owner of their rights to the property.
65
What defenses might a defendant raise against a conversion claim?
Potential defenses include:
- Lack of intent to convert the property.
- Permission from the owner to use the property.
- Mistaken belief of ownership.
66
What is trespass to chattels?
Trespass to chattels involves the intentional interference with a person's lawful possession of their property (chattel), resulting in damage or temporary loss of use.
67
What is the time element in trespass to chattels?
The deprivation of property in trespass to chattels typically occurs for a shorter period of time compared to conversion, which involves more prolonged deprivation.
67
How is temporary loss of use defined in trespass to chattels?
Temporary loss of use occurs when the owner is unable to use their property due to the defendant's actions, leading to a claim for the duration of the interference.
68
What constitutes damage in the context of trespass to chattels?
Damage to property refers to any physical harm or alteration to the chattel, including deterioration or loss in value resulting from the defendant's interference.
69
Does intent play a role in trespass to chattels?
Yes, intent is a crucial element; the defendant must have intentionally interfered with the plaintiff's possession of the chattel, regardless of whether they intended harm.
69
What costs can be recovered in a trespass to chattels claim?
Claimants can recover repair costs incurred to restore the property to its original condition as well as any consequential damages related to the loss of use.
69
What case illustrates the application of intentional infliction of emotional distress in relation to the First Amendment?
Snyder v. Phelps (2011), where the family of a deceased Marine sued for emotional distress due to protest signs at his funeral.
69
What is the definition of Intentional Infliction of Emotional Distress?
An actor who, by extreme and outrageous conduct, intentionally or recklessly causes severe emotional disturbance to another is liable for that emotional disturbance, and if it causes bodily harm.
69
What is required for conduct to be considered extreme and outrageous?
The conduct must go beyond all reasonable bounds of decency and be regarded as intolerable in a civilized society; mere insults or annoying behavior are not sufficient.
69
What was the Supreme Court's decision in Snyder v. Phelps regarding First Amendment protections?
The Court held that the First Amendment shields protesters at a funeral from liability for intentionally inflicting emotional distress, as their speech was considered matters of public concern.
70
What is not enough for liability in cases of intentional infliction of emotional distress?
Mere verbal abuse, name-calling, rudeness, insolence, and threats are not enough unless the defendant knows the emotional sensitivity of the plaintiff.
70
What are the four defenses for intentional torts?
1. Self-defense or defense of others
2. Defense of property
3. Consent
4. Necessity
70
What is the self-defense defense?
It justifies behavior that would otherwise be considered a tort; it does not apply to preemptive strikes or revenge.
70
What is the necessity defense?
It asserts that, in particular situations, breaching the law is more beneficial to society than strict adherence to the law.
70
What does the defense of property entail?
It allows the use of reasonable force to protect one's property from intrusion.
70
What is the Appropriation of Name or Likeness?
This occurs when someone appropriates another's name or likeness for their own use or benefit, leading to liability for invasion of privacy.
70
How does the consent defense work?
If the injured party consented to the conduct, the defendant may not be held liable, unless someone else solicited or authorized the injury.
70
What was the ruling in Garrett v. Dailey (1955)?
A 5-year-old boy was held liable for pulling a chair out from under Naomi Garrett, causing her injury, as his action was intentional despite his age.
70
What are the four categories of privacy torts?
1. Intrusion Upon Seclusion
2. Appropriation of Name or Likeness
3. Publicity Given to Private Life
4. Publicity Placing a Person in False Light
70
What is the definition of invasion of privacy?
An individual who invades another's right to privacy is liable for the resulting harm to the other’s interests.
71
What constitutes Intrusion Upon Seclusion?
It occurs when someone intentionally intrudes, physically or otherwise, upon another's solitude or private affairs in a way that would be highly offensive to a reasonable person.
71
What are the elements of Publicity Placing a Person in False Light?
This occurs when someone publicizes a matter concerning another that places the other in a false light, if:
- The false light would be highly offensive to a reasonable person
- The actor had knowledge of or acted in reckless disregard of the falsity of the publicized matter
72
What does Publicity Given to Private Life entail?
This occurs when someone publicizes a matter concerning another’s private life that is:
- Highly offensive to a reasonable person
- Not a legitimate concern to the public
73
What is a key note regarding the personal character of the right to privacy?
Except for appropriation of one’s name or likeness, an action for invasion of privacy can only be maintained by a living individual whose privacy has been invaded.
