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Bar Exam > TORTS > Flashcards

TORTS Flashcards

1
Q

What must a plaintiff prove to make a claim for negligence?

A

Duty, breach, causation, and harm

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2
Q

What standard applies to determine if a defendant acted as a reasonably prudent person?

A

Reasonably prudent person standard

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3
Q

What factors are considered in determining duty for children?

A
  • Age
  • Intelligence
  • Experience
  • Engaged in adult activity
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4
Q

What is the exception for children regarding the reasonably prudent person standard?

A

If engaged in an adult activity

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5
Q

What is negligence per se?

A

If a defendant violates a statute aimed to protect a class of people, duty and breach are established

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6
Q

What is the requirement for a premises possessor regarding undiscovered trespassers?

A

No duty of care is owed

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7
Q

What must a premises possessor do for discovered trespassers?

A

Warn of or make safe unreasonably dangerous artificial conditions

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8
Q

What is the duty owed to licensees (social guests)?

A

Warn of or make safe all concealed dangers known to the premises possessor

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9
Q

What is the duty owed to invitees?

A

Warn of or make safe all dangers known or should be known

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10
Q

What must a plaintiff show to establish breach of duty?

A

That the defendant breached its duty of care

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11
Q

What is res ipsa loquitur?

A

When the circumstances suggest negligence, and it likely was the defendant that was negligent

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12
Q

What are the two types of causation required in negligence cases?

A
  • Actual (but for)
  • Proximate
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13
Q

What does actual (but for) cause refer to?

A

A factual connection between the breach and the injury suffered

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14
Q

What must be true for proximate cause?

A

The harm must be a foreseeable result of the breach

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15
Q

What is comparative negligence?

A

A judge or jury compares the plaintiff’s fault with the defendant’s fault

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16
Q

What is pure comparative negligence?

A

The plaintiff can recover regardless of their own negligence, with damages reduced by their percentage of fault

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17
Q

What is partial (modified) comparative negligence?

A

The plaintiff cannot recover if more at fault than the defendant

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18
Q

What is contributory negligence?

A

The plaintiff cannot recover if they were even slightly negligent unless the defendant had the last clear chance to avoid the injury

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19
Q

What is assumption of risk?

A

If the plaintiff knew of the risk and voluntarily assumed it, they generally cannot recover damages

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20
Q

What is joint and several liability?

A

The plaintiff may recover all damages from any single defendant in a joint and several liability jurisdiction

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21
Q

What is the liability of employers for the torts of their employees?

A

Employers are vicariously liable for torts committed in the scope of employment

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22
Q

What is the general rule regarding parental liability for children’s acts?

A

Parents are generally not vicariously liable for acts of their children

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23
Q

What must a plaintiff suffer to successfully sue in a negligence action?

A

Actual harm

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24
Q

What is required for a plaintiff to recover in negligence or strict liability?

A

No recovery for pure economic loss without injury to the person

25
Q

What is assault in terms of intentional torts?

A

Intent to cause harmful or offensive contact or imminent apprehension, leading to apprehension

26
Q

What constitutes battery?

A

Intent to cause harmful or offensive contact, resulting in such contact

27
Q

What defines false imprisonment?

A

Intent to confine the plaintiff, actual confinement occurs, and the plaintiff knows or is harmed by it

28
Q

What is intentional infliction of emotional distress (IIED)?

A

Extreme or outrageous conduct causing severe emotional distress

29
Q

What is trespass to land?

A

Physical invasion of another’s land with intent to be there

30
Q

What is trespass to chattels?

A

Intentional interference with another’s personal property causing harm

31
Q

What is conversion?

A

Intentional interference with personal property causing serious and substantial harm

32
Q

What is the defense of consent in tort law?

A

Consent to the act that causes harm may negate liability

33
Q

What is chattel?

A

Personal property

Chattels refer to movable personal property.

34
Q

Define intentional interference with chattels.

A

Defendant intentionally interferes with another’s personal property and harm results. Damages are the cost to repair the property.

35
Q

What is conversion in tort law?

A

Defendant intentionally interferes with another’s personal property and serious harm results. Damages are the fair market value of the property.

36
Q

What does consent mean as a defense?

A

Can be express or implied.

37
Q

What is self-defense?

A

Defendant reasonably believes force is necessary to protect against unlawful force.

38
Q

Define public necessity as a defense.

A

Defendant acts to protect the public from a greater harm.

39
Q

What is private necessity?

A

Defendant acts to protect an interest of his own and must pay for actual damage caused.

40
Q

What is transferred intent?

A

Intent can transfer for torts involving assault, battery, false imprisonment, trespass to land, and trespass to chattels.

41
Q

What are the elements of negligent infliction of emotional distress (NIED)?

A

Defendant is negligent, plaintiff suffers physical symptoms, and plaintiff is in the zone of danger or witnesses a negligent injury.

42
Q

What must a plaintiff prove in a strict liability case?

A

Duty (absolute), causation, and harm.

43
Q

Define abnormally dangerous activities.

A

Activities that create a foreseeable risk of serious harm even when reasonable care is exercised.

44
Q

What is strict liability in relation to wild animals?

A

Defendant is strictly liable for foreseeable harms caused by wild animals.

45
Q

What is products liability?

A

Defendant must be a merchant and the product must be defective at the time it left the defendant’s hands.

46
Q

What are the types of defects in products liability?

A
  • Manufacturing defect
  • Design defect
  • Lack of warning/instructions
47
Q

What is the general rule for defamation?

A

Requires a defamatory statement, fault (at least negligence), unprivileged publication, and damages.

48
Q

What are the four slander per se categories?

A
  • Committing a crime of moral turpitude
  • Suffering from a loathsome disease
  • Unchastity if the plaintiff is a woman
  • Reflecting badly on the plaintiff’s business or profession
49
Q

What must a public figure prove in defamation cases?

A

The statement is false and the defendant acted with malice.

50
Q

What is malice in the context of defamation?

A

Defendant knows the statement is false or acts with reckless disregard for its truth.

51
Q

What are the defenses to defamation?

A
  • Consent
  • Truth
  • Privileges (absolute and qualified)
52
Q

Define false light in invasion of privacy.

A

Defendant widely spreads facts placing the plaintiff in a false light offensive to a reasonable person.

53
Q

What constitutes appropriation in invasion of privacy?

A

Defendant uses the plaintiff’s name or likeness unauthorized to advertise a product.

54
Q

What is intrusion in invasion of privacy?

A

Defendant intentionally pries into a private place in an offensive manner.

55
Q

What is disclosure in invasion of privacy?

A

Defendant widely disseminates private information about the plaintiff that is highly offensive.

56
Q

What is misrepresentation?

A

Material misrepresentation by the defendant, knew it was false or recklessly indifferent to the truth, intended to induce reliance, and plaintiff suffered damage.

57
Q

Define private nuisance.

A

Defendant uses property causing substantial unreasonable interference with the plaintiff’s use or enjoyment of land.

58
Q

What is public nuisance?

A

Defendant unreasonably interferes with the health, safety, or morals of a community.

59
Q

What constitutes intentional interference with business relations?

A

Valid business relationship or expectancy, defendant knew, intentionally coerced termination or breach, unauthorized interference, and resulting damages.

Bar Exam (14 decks)

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