Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Paralegal Torts Study Guide > Torts - Final Exam Review > Flashcards

Torts - Final Exam Review Flashcards

1
Q
  1. Torts

What is a tort?

A

a. Wrongful injury to a person or person’s property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q
  1. Torts
    b. Objectives of tort law:
    (1) to protect&raquo_space;> and&raquo_space;> from&raquo_space;&raquo_space; by providing legally enforceable&raquo_space;>
    (2)&raquo_space;> victims by holding&raquo_space;> accountable for causing&raquo_space;> - accountability factor
    (3) encourage&raquo_space;> standards of social conduct among members of society
    (4)&raquo_space;> violations of these standards of conduct
    (5)&raquo_space;>&raquo_space;> among different individuals or groups
A

(1) to protect persons and property from unjust injury by providing legally enforceable rights
(2) compensate victims by holding tortfeasors accountable for causing injuries accountability factor
(3) encourage minimiun standards of social conduct among members of society
(4) deter violations of these standards of conduct
(5) allocate losses among different individuals or groups

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q
  1. The Lawsuit

a. Document filed to start the lawsuit is the&raquo_space;>

A

COMPLAINT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q
  1. The Lawsuit

b. Once the defendant is served with the complaint, the defendant must serve an&raquo_space;>

A

ANSWER

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q
  1. The Lawsuit

c. after these two initial pleadings,&raquo_space;> may be filed, and&raquo_space;> will be conducted

A

c. after these two initial pleadings, motions may be filed, and discovery will be conducted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q
  1. The Lawsuit
    d. Most lawsuits do not go to trial—the lawsuit can settle using different methods; a law suit can settle&raquo_space;&raquo_space;&raquo_space; - even&raquo_space;&raquo_space;&raquo_space;.
A

d. Most lawsuits do not go to trial—the lawsuit can settle using different methods; a law suit can settle at any time - even during the trial.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q
  1. The Lawsuit

e. Instead of a trial&raquo_space;>&raquo_space;>&raquo_space;> are becoming more and more popular

A

ALTERNATIVE DISPUTE RESOLUTIONS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q
  1. The Lawsuit

(2) some types of alternative dispute resolution are:

A

a. arbitration
b. mediation (probably the most common)
c. rent a judge, etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q
  1. Negligence

Cause - (cause-in-fact plus proximate cause)

(1) Cause-in-fact: the defendant’s&raquo_space;> produced the plaintiffs injuries; “but for” the defendant’s&raquo_space;> the plaintiff would not have been&raquo_space;>; substantial factor analysis -&raquo_space;>&raquo_space;> were a substantial factor in&raquo_space;> the&raquo_space;>.
(2) Proximate Cause: focuses upon the&raquo_space;> of the&raquo_space;>; was the victim’s injury&raquo_space;> a&raquo_space;> result of what the&raquo_space;>/»> did?
(3) Joint and Several Liability - when&raquo_space;>&raquo_space;&raquo_space;> persons who jointly commit a tort are held liable, both&raquo_space;> and&raquo_space;>.

A

Cause - (cause-in-fact plus proximate cause)

(1) Cause-in-fact: the defendant’s misconduct produced the plaintiffs injuries; “but for” the defendant’s conduct the plaintiff would not have been injured; substantial factor analysis - defendant’s actions were a substantial factor in causing the harm
(2) Proximate Cause: focuses upon the foreseeability of the injury; was the victim’s injury reasonably a foreseeable result of what the tortfeasor/defendant did?
(3) Joint and Several Liability - when two or more persons who jointly commit a tort are held liable, both together and individually.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q
  1. Negligence
    a. Duty - legal obligation to&raquo_space; or&raquo_space;&raquo_space; something
    (1) scope of the duty—&raquo_space;>&raquo_space;>
A

a. Duty - legal obligation to do or not do something

(1) scope of the duty—reasonable foreseeability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q
  1. Negligence

b. Breach

A
  1. Negligence

b. Breach

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q
  1. Negligence
    d. Damages

What are the two types?

A

(1) Compensatory (general and special)
(2) Punitive - rarely awarded in negligence cases, need gross negligence that exceeds reasonable care standard and approaches willful and wanton misconduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q
  1. Tortfeasor

define

A

wrongdoer; person inflicting harm (the person who gets sued)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q
  1. Premises Liability

What are landowners three different duties?

A

a. Trespasser
b. Licensee
c. Invitee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q
  1. Vicarious Liability

a. Employee
b. Independent Contractor

A
  1. Vicarious Liability

a. Employee
b. Independent Contractor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Negligence per se

define

A

conduct that is automatically negligence as a matter of law because it violates a statute or ordinance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q
  1. Negligence per se

define

A

conduct that is automatically negligence as a matter of law because it violates a statute or ordinance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q
  1. Negligence per se

Defenses (1)

(1) Defendant may disprove the negligence presumption perhaps through proof that there was no&raquo_space;>&raquo_space;>.

A

(1) Defendant may disprove the negligence presumption perhaps through proof that there was no proximate cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q
  1. Negligence per se

Defenses (2)

A

(2) statute of limitations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q
  1. Negligence per se

Defenses (3)

(3) sometimes&raquo_space;> negligence,&raquo_space;> negligence or&raquo_space;> of the&raquo_space;>.

A

(3) sometimes contributory negligence, comparative negligence or assumption of the risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q
  1. Defenses to Negligence claims

Name the four types

A

contributory
comparative
assumption of risk
statute of limitations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q
  1. Defenses to Negligence claims
    a. Contributory Negligence
    (1)&raquo_space;> negligence contributed to the injury because the&raquo_space;> violated his/her&raquo_space;> of&raquo_space;»&raquo_space;> to himself/herself and this was the&raquo_space;>&raquo_space;> of the injury
    (2) at common law it was a complete defense
    (3) Last Clear chance:
  • > > > to claim of contributory negligence
  • the&raquo_space;> cannot use contributory negligence to escape liability if he/she has the last clear chance to&raquo_space;> injuring the plaintiff
A

a. Contributory Negligence
(1) plaintiffs negligence contributed to the injury because the plaintiff violated his/her duty of reasonable care to himself/herself and this was the proximate cause of the injury
(2) at common law it was a complete defense
(3) Last Clear chance - response to claim of contributory negligence which states that the defendant cannot use contributory negligence to escape liability if he/she has the last clear chance to avoid injuring the plaintiff

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q
  1. Defenses to Negligence claims
    b. Comparative Negligence
    (1) defendant’s negligence liability is adjusted according to the&raquo_space;> of&raquo_space;>&raquo_space;> to his or her own injuries
    (2) the&raquo_space;> and&raquo_space;> of the plaintiffs and defendant’s negligence in&raquo_space;> plaintiffs injuries
    (3) jury decides the apportionment and is generally represented by percentages
A

b. Comparative Negligence
(1) defendant’s negligence liability is adjusted according to the extent of plaintiff s contribution to his or her own injuries
(2) the measurement and comparison of the plaintiffs and defendant’s negligence in causing plaintiffs injuries
(3) jury decides the apportionment and is generally represented by percentages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q
  1. Defenses to Negligence claims
    c. Assumption of the Risk - Plaintiffs&raquo_space;>&raquo_space;> of the known risk with&raquo_space;>&raquo_space;> of the dangers involved in facing that risk
A

c. Assumption of the Risk - Plaintiffs voluntary assumption of the known risk with full appreciation of the dangers involved in facing that risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q
  1. Defenses to Negligence claims

d.&raquo_space;>&raquo_space;&raquo_space;> - the time within which the law suit must be filed

A

STATUTE OF LIMITATIONS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q
  1. Intentional Torts

define:

a. “Injuries that the tortfeasor&raquo_space;> inflicts upon others or their property
b.&raquo_space;> : desire to accomplish harmful consequences of tortfeasor’s actions; not malice or ill will but simply&raquo_space;> to produce harmful results
c.&raquo_space;>&raquo_space;> - occurs when the tortfeasor intends to commit battery upon one person but inadvertently strikes another individual

A

conduct that is fashioned or intended to harm another person or his/her property

a. “Injuries that the tortfeasor INTENTIONALLY inflicts upon others or their property
b. Intent: desire to accomplish harmful consequences of tortfeasor’s actions; not malice or ill will but simply intent to produce harmful results
c. Transferred intent - occurs when the tortfeasor intends to commit battery upon one person but inadvertently strikes another individual

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q
  1. Intentional Torts
    (1) Assault - attempted battery
    (a) an&raquo_space;> to make harmful or offensive contact with victim without&raquo_space;>; conduct places the victim in&raquo_space;>&raquo_space;> for his/her safety and the threat is&raquo_space;».
A

(a) an attempt to make harmful or offensive contact with victim without consent; conduct places the victim in reasonable apprehension for his/her safety and the threat is imminent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q
  1. Intentional Torts
    (2) Battery - (a completed assault)
    (a) tortfeasor’s&raquo_space;>,&raquo_space;> touching of another person in an offensive or Injurious manner
    (b) must have a&raquo_space;>&raquo_space;> with victim’s body or extensions thereof (clothing or object in contact with victim like purse, backpack, etc.); touching can be by the tortfeasor causing an object put in motion
    (c)&raquo_space;> is a defense.
A

(2) Battery - (a completed assault)
(a) tortfeasor’s intentional, unconsented touching of another person in an offensive or Injurious manner
(b) must have a physical contact with victim’s body or extensions thereof (clothing or object in contact with victim like purse, backpack, etc.); touching can be by the tortfeasor causing an object put in motion
(c) Consent is a defense.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q
  1. Intentional Torts
    (3) False Imprisonment
    (a) when tortfeasor&raquo_space;> the victim without the victim’s&raquo_space;>
    (b)&raquo_space;» must be for an&raquo_space;»&raquo_space;> of&raquo_space;> with no reasonable means of&raquo_space;>; it may be accomplished by&raquo_space;>&raquo_space;> or express or implied&raquo_space;> of&raquo_space;>.
A

(a) when tortfeasor confines the victim without the victim’s consent
(b) confinement must be for an appreciable length of time with no reasonable means of escape; it may be accomplished by physical barriers or express or implied threats of force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q
  1. Intentional Torts
    (4) Intentional Infliction of Emotional Distress
    (a) When tortfeasor’s&raquo_space;> conduct, which is designed to cause another to suffer&raquo_space;>&raquo_space;>, actually causes such emotional distress
    (b) some jurisdictions require satisfaction of either the&raquo_space;> rule or the&raquo_space;»&raquo_space;»> rule
A

(a) When tortfeasor’s outrageous conduct, which is designed to cause another to suffer mental anguish, actually causes such emotional distress
(b) some jurisdictions require satisfaction of either the impact rule or the physical manifestations rule

31
Q
  1. Intentional Torts

(5) Fraud - when tortfeasor&raquo_space;» makes a&raquo_space;>&raquo_space;» to entice someone to&raquo_space;>&raquo_space; something of&raquo_space; to the tortfeasor.

A

(5) Fraud - when tortfeasor intentionally makes a false statement to entice someone to give up something of value to the tortfeasor.

32
Q
  1. Intentional Torts

(6) Misrepresentation - when a person makes a&raquo_space;>&raquo_space;> or&raquo_space;> so as to&raquo_space;> another individual.

A

(6) Misrepresentation - when a person makes a false statement or behaves so as to deceive another individual.

33
Q
  1. Intentional Torts
    (7) Malicious prosecution - when a private citizen files with a prosecutor&raquo_space;>&raquo_space;>&raquo_space;> against an innocent person.
    a. the complainant’s (person who files the case with the prosecutor) complaint lacks&raquo_space;>&raquo_space;>.
    b. the complainant filed&raquo_space;> charges with&raquo_space;»&raquo_space;>.
    c. the accused must be&raquo_space;» or have the&raquo_space;>&raquo_space;>.
A

(7) Malicious prosecution - when a private citizen files with a prosecutor groundless criminal charges against an innocent person
a. the complainant’s (person who files the case with the prosecutor) complaint lacks probable cause
b. the complainant filed frivolous charges with malicious intent
c. the accused must be acquitted or have the charges dropped

34
Q
  1. Intentional Torts

(8) Abuse of process - when a plaintiff&raquo_space;>&raquo_space;> the court system against a defendant to achieve some&raquo_space;>&raquo_space;>.

A

(8) Abuse of process - when a plaintiff maliciously uses the court system against a defendant to achieve some unlawful objective

35
Q
  1. Intentional Torts
    (9) Invasion of Privacy (define)

when a tortfeasor publicly&raquo_space;> another’s&raquo_space;>&raquo_space;> in an unreasonably&raquo_space;> manner

A

when a tortfeasor publicly exploits another’s private affairs in an unreasonably intmsive manner

36
Q
  1. Intentional Torts
    (9) Invasion of Privacy
    (a) appropriation - tortfeasor uses person’s&raquo_space;> or&raquo_space;> without&raquo_space;» to gain some benefit.
A

(a) appropriation - tortfeasor uses person’s name or likeness without permission to gain some benefit.

37
Q
  1. Intentional Torts
    (9) Invasion of Privacy
    (b) unreasonable intrusion -&raquo_space;> or&raquo_space;> offensive assault upon one’s&raquo_space;> or&raquo_space;>
A

(b) unreasonable intrusion - excessive or highly offensive assault upon one’s seclusion or solitude

38
Q
  1. Intentional Torts
    (9) Invasion of Privacy
    (c) Public disclosure of private facts - tortfeasor communicates purely&raquo_space;>&raquo_space;> about an individual to the public without&raquo_space;> and a reasonable person would find such disclosure extremely&raquo_space;».
    i.&raquo_space;> is&raquo_space;> a defense
    ii.&raquo_space;>&raquo_space;> have submitted their private lives to public scrutiny becoming a&raquo_space;>&raquo_space;> so it is hard for them to prevail on this
A

(c) Public disclosure of private facts - tortfeasor communicates purely private information about an individual to the public without permission and a reasonable person would find such disclosure extremely objectionable
i. truth is NOT a defense
ii. public figures have submitted their private lives to public scrutiny becoming a public figure so it is hard for them to prevail on this

39
Q
  1. Intentional Torts
    (9) Invasion of Privacy
    (d) false light in the public eye - tortfeasor&raquo_space;>&raquo_space;> to another person spurious&raquo_space;>,&raquo_space;» or&raquo_space;».
A

(9) Invasion of Privacy
(d) false light in the public eye - tortfeasor publicly attributes to another person spurious opinions, statements or actions.

40
Q

(10) defamation-when a tortfeasor communicates&raquo_space;>&raquo_space;> that hurts another’s&raquo_space;» in the community.

> > > > > > > > > > > > > > > > > >

A

(10) defamation-when a tortfeasor communicates false information that hurts another’s reputation in the community.

MUST HAVE PUBLICATION

41
Q
  1. Intentional Torts to Property
    a. Trespass to land - tortfeasor’s unauthorized (no consent) and intentional entry upon another’s land which interferes with landowner’s exclusive right to use land.
A

a. Trespass to land - tortfeasor’s unauthorized (no consent) and intentional entry upon another’s land which interferes with landowner’s exclusive right to use land.

42
Q
  1. Intentional Torts to Property
    a. Trespass to land - tortfeasor’s unauthorized (»&raquo_space;») and&raquo_space;» entry upon another’s land which&raquo_space;» with landowner’s exclusive right to&raquo_space;>&raquo_space;>.
A

a. Trespass to land - tortfeasor’s unauthorized (no consent) and intentional entry upon another’s land which interferes with landowner’s exclusive right to use land.

43
Q
  1. Intentional Torts to Property
    b. Toxic Torts - lawsuits involving&raquo_space;>&raquo_space;»,&raquo_space;» and&raquo_space;»&raquo_space;» disposal and transportation.

(1) Has the same elements as&raquo_space;> to&raquo_space;>.
(2) could also use the&raquo_space;» and&raquo_space;>&raquo_space;> theories

A

b. Toxic Torts - lawsuits involving toxic chemicals, pollution and hazardous waste disposal and transportation.

(1) Has the same elements as trespass to land.
(2) could also use the nuisance and absolute liability theories

44
Q
  1. Intentional Torts to Property
    c. Trespass to Chattel - tortfeasor’s unauthorized&raquo_space;> or&raquo_space;> with the use of someone else’s personal property without&raquo_space;> which&raquo_space;> or&raquo_space;> with the owner’s&raquo_space;» or&raquo_space;» use of the chattel
A

c. Trespass to Chattel - tortfeasor’s unauthorized possession or interference with the use of someone else’s personal property without consent which deprives or interferes with the owner’s possession or exclusion use of the chattel

45
Q
  1. Intentional Torts to Property
    d. Conversion - tortfeasor&raquo_space;> the owner of the&raquo_space;> of chattel with the&raquo_space;> to deprive the owner of the possessions and to convert the property to the&raquo_space;> own use and the owner has not&raquo_space;> to the tortfeasor’s possession and use of the chattel.
A

d. Conversion - tortfeasor deprives the owner of the possession of chattel with the intent to deprive the owner of the possessions and to convert the property to the tortfeasor’s own use and the owner has not consented to the tortfeasor’s possession and use of the chattel.

46
Q
  1. Defenses to intentional torts
    a. ??? - victim voluntarily agrees to tortfeasor’s actions as long as it is with full knowledge and understanding of the consequences.
A

a. Consent

47
Q
  1. Defenses to intentional torts
    b. ??? - defendant’s exercise of reasonable force to repel attack upon his or her person that is necessary to prevent bodily injury, offensive contact or confinement.
A

b. Self-defense

48
Q
  1. Defenses to intentional torts
    c. ??? - use of reasonable force to defendant third party form injury when third party is threatened by an offensive or attacking force; use of reasonable force to protect property from damage or dispossession when another person attempts to injure or wrongly take possession of property.
A

c. Defense of persons or property (third party)

49
Q
  1. Defenses to intentional torts
    d. ??? - use of reasonable force to retake possession of his/her chattel that has been wrongfully dispossessed; must be made promptly after original dispossession or denial of possession occurs
A

d. Rightful repossession

50
Q
  1. Defenses to intentional torts
    e. ??? - Good faith belief based upon incorrect information that defendant is justified in committing intentional tort under the circumstances.
A

e. Mistake

51
Q
  1. Defenses to intentional torts

f. ??? - legal justification to engage in otherwise tortious behavior to accomplish some compelling social goal.

A

f. Privilege

52
Q
  1. Defenses to intentional torts

g. ??? - tortfeasor is justified in engaging in intentional tort to prevent more serious injury from external forces.

A

g. Necessity

53
Q
  1. Defenses to intentional torts

h. Immunity for&raquo_space;>&raquo_space;»&raquo_space;»>

A

h. Immunity for Legal Process Enforcement

54
Q
  1. Defenses to intentional torts

i.&raquo_space;> of&raquo_space;>

A

i. Statute of Limitations

55
Q
  1. Defenses to intentional torts
    j.&raquo_space;> - employers are immune from most lawsuits because if injured or killed during work, then workers’ compensation insurance covers the employee’s damages; created by statute.
A

j. Workers’ compensation

56
Q
  1. Strict Liability - also known as&raquo_space;>&raquo_space;> - Liability for actions that injure another, regardless of&raquo_space;>,&raquo_space;>, or&raquo_space;>.
    a. ??? ??? is a type of strict liability
    b. other types of strict liability include injuries involving&raquo_space;>&raquo_space;>,&raquo_space;>,&raquo_space;>&raquo_space;>
A
  1. Strict Liability - also known as Absolute Liability - Liability for actions that injure another, regardless of intent, negligence, or fault.
    a. Products liability is a type of strict liability
    b. other types of strict liability include injuries involving wild animals, explosives, toxic waste
57
Q
  1. Nuisances

define

  • > > > or&raquo_space;> use of one’s real property that&raquo_space;> someone or&raquo_space;» with owner’s use of his/her land
A
  • unreasonable or unlawful use of one’s real property that injures someone or interferes with owner’s use of his/her land
58
Q
  1. Nuisances
    a. Private Nuisances
    (1) tortfeasor uses his/her land so as to&raquo_space;»&raquo_space;» with another person’s&raquo_space;> and&raquo_space;» of his/her land
    (2) parties are the&raquo_space;> and the neighboring landowner is&raquo_space;>

(a) examples include
i. physical effects on land
ii. health hazards or offending sensibilities, and
ill. unwanted associations with neighboring uses

(3)&raquo_space;>&raquo_space;&raquo_space;>&raquo_space;» is a defense - plaintiff owned land in location where alleged nuisance activity was already occurring

A

a. Private Nuisances
(1) tortfeasor uses his/her land so as to UNREASONABLY INTERFERE with another person’s USE and ENJOYMENT of his/her land
(2) parties are the TORTFEASOR and the neighboring landowner is PLAINTIFF

(a) examples include
i. physical effects on land
ii. health hazards or offending sensibilities, and
ill. unwanted associations with neighboring uses

(3) COMING TO THE NUISANCE is a defense - plaintiff owned land in location where alleged nuisance activity was already occurring

59
Q
  1. Nuisances
    b. Public Nuisances
    (1) Land use that injures&raquo_space;> at large (rather than just a&raquo_space;>&raquo_space;» ); nuisance that&raquo_space;» interferes with the public’s enjoyment of legal rights common to the public.
    (2)&raquo_space;> is the plaintiff because it has&raquo_space;>,&raquo_space;> and/or&raquo_space;>&raquo_space;> authority to protect citizens from public nuisances
    (3) most public nuisances are defined by&raquo_space;> or&raquo_space;>
A

b. Public Nuisances
(1) Land use that injures PUBLIC at large (rather than just a SINGLE INDIVIDUAL); nuisance that UNREASONABLY interferes with the public’s enjoyment of legal rights common to the public.
(2) GOVERNMENT is the plaintiff because it has CONSTITUTIONAL, STATUTORY and/or COMMON LAW authority to protect citizens from public nuisances
(3) most public nuisances are defined by STATUTES or ORDINANCES

60
Q
  1. Nuisances
    c. Mixed Nuisances - activity that is both public and private nuisances simultaneously; the greater the number of persons adversely affected by offensive land use, the more likely to be considered public as well as private.
A

c. Mixed Nuisances - activity that is both public and private nuisances simultaneously; the greater the number of persons adversely affected by offensive land use, the more likely to be considered public as well as private.

61
Q
  1. Nuisances Per Se
    a. Activities are nuisances per se if they violate public nuisance&raquo_space;> or&raquo_space;>
    b. violation of the&raquo_space;> is&raquo_space;>&raquo_space;> evidence and defendant is liable as matter of law
    c. No defense of “coming to the nuisance” for nuisances per se.
A

a. Activities are nuisances per se if they violate public nuisance statutes or ordinances
b. violation of the statue is prima facie evidence and defendant is liable as matter of law
c. No defense of “coming to the nuisance” for nuisances per se.

62
Q
  1. Remedies for Nuisances
    a. ??? remedies - most often the remedy in nuisance actions
    (1) ??? - court orders defendant to cease or ??? the nuisance activity; often permanent
    (2) ??? - court orders defendant to cease doing the nuisance activity; can be&raquo_space;> at the beginning of the case or&raquo_space;> after a trial on the merits
A

a. Equitable remedies - most often the remedy in nuisance actions
(1) Abatement - court orders defendant to cease or abate the nuisance activity; often permanent
(2) Injunctions - court orders defendant to cease doing the nuisance activity; can be temporary at the beginning of the case or permanent after a trial on the merits

63
Q
  1. Remedies for Nuisances
    b. ??? damages - alternative to&raquo_space;>&raquo_space;> when nuisance activity cannot reasonable be abated; not a common remedy in nuisance actions
A

b. Money damages - alternative to equitable remedies when nuisance activity cannot reasonable be abated; not a common remedy in nuisance actions

64
Q
  1. Survival and Wrongful Death Statutes:

define

statutes that give cause of action to&raquo_space;>&raquo_space;>&raquo_space;> of deceased tort victim against tortfeasor whose&raquo_space;» or&raquo_space;>&raquo_space;> resulted in victim’s death

A
  1. Survival and Wrongful Death Statutes:

define

statutes that give cause of action to surviving family members of deceased tort victim against tortfeasor whose negligence on intentional torts resulted in victim’s death

65
Q
  1. Survival and Wrongful Death Statutes:
    a. allows the&raquo_space;> of the deceased to be a plaintiff; allows surviving&raquo_space;> or&raquo_space;> of decedent to sue for wrongful death; sometimes&raquo_space;> can also sue
A

a. allowed the estate of the deceased to be a plaintiff; allows surviving spouse or children of decedent to sue for wrongful death; sometimes parents can also sue

66
Q
  1. Survival and Wrongful Death Statutes:
    b. Wrongful death damages
    (1) victims lost&raquo_space;>&raquo_space;> potential
    (2) ??? ?? ????? - recovery for victim’s family for lost love and companionship of decedent
A
  1. Survival and Wrongful Death Statutes:
    b. Wrongful death damages
    (1) victims lost lifetime earnings potential
    (2) loss of consortium - recovery for victim’s family for lost love and companionship of decedent
67
Q
  1. Wrongful birth/wrongful life - lawsuits for wrongful birth of child
    a. relatively new tort; usually involves child with&raquo_space;>&raquo_space;> from mother’s illness during pregnancy and&raquo_space;>&raquo_space;> from doctor about illness or other&raquo_space;>&raquo_space;>
    b. Damages are generally for&raquo_space;> during pregnancy and delivery and sometimes&raquo_space;> of&raquo_space;>&raquo_space;> if child has health problems
A
  1. Wrongful birth/wrongful life - lawsuits for wrongfiil birth of child
    a. relatively new tort; usually involves child with birth defects from mother’s illness during pregnancy and bad advice from doctor about illness or other medical malpractice
    b. Damages are generally for expenses during pregnancy and delivery and sometimes cost of raising child if child has health problems
68
Q
  1. Tort Immunities
    a. Sovereign Immunity aka Governmental Immunity
    (1) government’s immunity from liability for torts committed by their employees
    (2) origins from rule by kings where at common law the view was “the king can do no wrong”
    (3) American courts often determine if immunity applies by looldng at the function of the government
    (a) Governmental functions: Was employee engaged in a governmental function when tort was coiTuaitted? If yes, then get immunity, (e.g. police, fire, public medical services)
    (b) Proprietary functioas: was the employee engaged in a business-like activity in which the govemmeists engage? If yes, then no immunity.
    i. It is considered proprietary if the FEE STANDARD test applies i.e. is the governmental activity resulting in user fees? if yes then proprietary and no immumty;
    ii. best example of government engaging in proprietary function is in providing utility services b. Immunity for
A
  1. Tort Immunities
    a. Sovereign Immunity aka Governmental Immunity
    (1) government’s immunity from liability for torts committed by their employees
    (2) origins from rule by kings where at common law the view was “the king can do no wrong”
    (3) American courts often determine if immunity applies by looldng at the function of the government
    (a) Governmental functions: Was employee engaged in a governmental function when tort was coiTuaitted? If yes, then get immunity, (e.g. police, fire, public medical services)
    (b) Proprietary functioas: was the employee engaged in a business-like activity in which the govemmeists engage? If yes, then no immunity.
    i. It is considered proprietary if the FEE STANDARD test applies i.e. is the governmental activity resulting in user fees? if yes then proprietary and no immumty;
    ii. best example of government engaging in proprietary function is in providing utility services b. Immunity for
69
Q

Defenses to Negligence Claims

Name the ?#? defenses:

A

4 defenses:

Contributory
Comparative
Assumption of the Risk
Statute of Limitations

70
Q
  1. Case investigations
    a. can be done by&raquo_space;>,&raquo_space;>,&raquo_space;>, etc.
    b. need to know&raquo_space;>,&raquo_space;»,&raquo_space;»,&raquo_space;»>, and&raquo_space;>
A
  1. Case investigations
    a. can be done by attorney, investigator, paralegal, etc.
    b. need to know who, what, when, where, and why
71
Q

Intentional Torts 1 - 5

A 
assault
battery
false imprisonment
intentional infliction of emotional distress
fraud
72
Q

Defenses to Intentional Torts 1 - 5

NOT: privilige, necessity, immunity for legal process enforcement, statute of limitations, worker’s compensation

A
  • consent
  • self defense
  • defense of persons or property
  • rightful possession
  • mistake
73
Q

Defenses to Intentional Torts 6 - 5

NOT: consent, self defense, defense of persons or property, rightful possession, mistake

A
  • privilige
  • necessity
  • immunity for legal process enforcement
  • statute of limitations
  • worker’s compensation
74
Q

Intentional Torts to Property

Name all ?#? types:

A

4 types:

Trespass to Land
Toxic Torts
Trespass to Chattel
Conversion

Paralegal Torts Study Guide (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions