Torts Intro Deck

Question 1

A (i) _______ is when someone (ii) _____ to (iii) ______ another with either (iv) ______ _______ or (v) _____ _____

Answer 1

(i) tort; (ii) act; (iii) harm; (iv) needed culpability; (v) strict liability

Question 2

A tort act is either a (i) ______ _____ ______ or (ii) _____ (if the law requires (iii) _______)

Answer 2

(i) voluntary bodily movement; (ii) inaction; (iii) action

Question 3

Tort intent is the (i) ______ ________ to do something (or cause a result) or (ii) ______ _____ of causing a result.

Answer 3

(i) conscious objective; (ii) substantial certainty

Question 4

(i) _______ to commit one intentional tort against one victim (ii) _______ to other tort victims, if the actor starts commencing one tort against one victim but commits a different tort against the same victim, the original tort against a different victim, or a different tort against a different victim

Answer 4

(i) intent; (ii) transfers

Question 5

Anyone who can (i) ____ ______ can generate (ii) _____, including (iii) _____, _______, and _______ people

Answer 5

(i) form thoughts; (ii) intent; (iii) children, incompetents, and insane people

Question 6

(i) __________ is (ii) _______ ________ an unreasonably high risk of result

Answer 6

(i) recklessness; (ii) consciously disregarding

Question 7

(i) ________ is (ii) _________ carelessness

Answer 7

(i) negligence; (ii) unreasonable

Question 8

The intentional torts against persons include (i) _____, (ii) _______, (iii) ______ _______ and (iv) intentional _______ of _______ _______.

Answer 8

(i) battery; (ii) assault; (iii) false imprisonment; (iv) intentional infliction of emotional assault

Question 9

For a battery tort, the actor (i) __________; (ii) causes the ________; (iii) _____ or _________ ______ ______. Harmful contact is (iv) ________ ______, ______, or ______. Contact is offensive if it a (v) _____ _____ of _____ _______ would find the contact offensive under the (vi) _______; or if the actor (vii) ______ ______ the victim’s (viii) _______ _______

Answer 9

(i) intentionally; (ii) victim; (iii) harm or offensive physical contact; (iv) physical impairment, pain, or illness; (v) reasonable person of ordinary firmness; (vi) circumstances; (vii) deliberately exploits; (viii) unusual sensitivity

Question 10

For an Assault, the actor (i) __________ and by (ii) ____ causes the victim (iii) ________ ___________ of _______ ________. The victim must (iv) _______ _____ the actor can and will (v) ________ the ______.

Answer 10

(i) intentionally; (ii) act; (iii) reasonable apprehension of imminent battery; (iv) reasonable believe; (v) perform the battery

Question 11

For False Imprisonment, the actor (i) _________ (ii) ____ the victim to a (iii) _____- ______, and the victim is (iv) ______ of or _______ by the (v) ________.

Answer 11

(i) intentionally (ii) confines; (ii) bounded-area; (iv) aware of or harmed by; (v) confinement

Question 12

For a tort of false imprisonment, the (i) ________ must limit (ii) ______ __ _______ in all directions for some (iii) _________ _____, using (iv) ________ ______, (v) _______ or ______, or (vi) _____ ________ of _____ _____ to which the victim submits.

Answer 12

(i) confinement; (ii) freedom of movement; (iii) appreciable time; (iv) physical restraints; (v) threats or duress; (v) false pretense of lawful authority

Question 13

A tort of false imprisonment must be without ____ _____ or _____-

Answer 13

legal authority or privilege (e.g., lawful arrest)

Question 14

The (i) ________’s (ii) ________ to the tort of false imprisonment excepts the (iii) _________ who (iv) ____ _______ _______ someone is (v) _________ to (vi) _____ that person for a (vii) __________ ______ in a (viii) ________ ______.

Answer 14

(i) shopkeepers’ (ii) exception; (iii) shopkeeper; (iv) reasonably believes; (v) shoplifting; (vi) detain; (vii) reasonable time; (viii) reasonable manner

Question 15

Per the Shopkeeper’s privilege (false imprisonment), a reasonable time of detention may only last as long as (i) ______ __ _________ _______ or until (ii) ___ ______ ______

Answer 15

(i) necessary to confirm shoplifting; (ii) the police arrive

Question 16

Per the Shopkeeper’s privilege (false imprisonment), a reasonable manner of detention may only include (i) _______ _______ ________ to detain the subject and must not (ii) _____ ________ ________ or ______.

Answer 16

(i) reasonably necessary force; (ii) cause unnecessary humiliation or discomfort

Question 17

(i) _________ fails if the victim has a (ii) ________ means of (ii) _________ and is or should be aware of it.

Answer 17

(i) confinement; (ii) reasonable; (iii) escape

Question 18

The tort of intentional infliction of emotional distress occurs when an actor (i) ________ in (ii) _______ and _______ conduct, and, so doing, (iii) ________ or __________ causes the victim; (iv) _______ _______ _______

Answer 18

(i) engages; (ii) extreme and outrageous; (iii) intentionally or recklessly; (iv) extreme emotional distress

Question 19

(i) ______, __________ _______ exceeds common (ii) ______ or _________, and (iii) ______ the bounds of (iv) _______ _______.

Answer 19

(i) extreme, outrageous conduct; (ii) insults or trivialities; (iii) transcends; (iv) civilized decency.

Question 20

(i) _______ _______ ________ is greater than a (ii) _____ ________ of (iii) _______ ________ could endure under the circumstances, usually (iv) _________ ________ (weeping, gesticulation, etc.)

Answer 20

(i) severe emotional distress; (ii) reasonable person; (iii) ordinary firmness; (iv) manifesting objectively.

Question 21

The intentional torts to property includes (i) ____ to _____, (ii) _______, (iii) _______ of _______, and (iv) _____ to ______.

Answer 21

(i) trespass to land; (ii) nuisance; (iii) conversion of chattel; and (iv) trespass to chattel.

Question 22

In the tort of trespass to land, the actor (i) _________ and (ii) ________ (without (iii) _______ or _______ ) (iv) causes ______ _____ by a person or object on the land in another’s possession. The actor need only to intend to commit some act that happens to cause physical entry and need not have reason to know about the victim’s possessory rights.

Answer 22

(i) intentionally; (ii) unlawfully; (ii) consent or privilege; (iv) physical entry

Question 23

In the tort of public nuisance, the actor (i) _______ with a right to use or enjoy land shared by the (ii) _________ _____ – a right involving the (iii) _______ ______, ____, ______, or _______. The plaintiff must be either a (iv) _____ _______ who suffered (v) _______, ______ harm or (vi) a ________ ________. The plaintiff need not have (vii) _____ ________.

Answer 23

(i) interferes; (ii) generally public; (iii) public peace, safety, comfort, or convenience; (iv) private individual; (v) particularized, significant; (v) government representative; (vi) property rights.

Question 24

In the tort of private nuisance, the actor (i) ____ and (ii) ______ (iii) _______ with the victim’s use and enjoyment of land (iv) __ ____ _____ _________, with (v) ____, ___________, or _______, or by conducting an abnormally dangerous activity. The plaintiff must have a (vi) _____ _____ __ _____.

Answer 24

(i) intentionally; (ii) unreasonably; (iii) interferes; (iv) in the victim’s possession; (v) intent, recklessness, or negligence; (vi) possessory interest in land.

Question 25

Significant interference (private nuisance) transcends (i) ____ ________, being (ii) ______ or ______ to the _____ ______ in the community.

Answer 25

(i) minor annoyance; (ii) offensive or intolerable; (iii) average person

Question 26

Interference is (i) ________ if no (ii) ________ ________ should have to endure it. Factors include the (iii) _____ of the possessors use, the (iv) _________’s character, (v) _________ expectations, and whether the nuisance is of unusual (vi) ________, ________, or ________.

Answer 26

(i) unreasonable; (ii) reasonable possessor; utility; (iv) neighborhood’s; (v) social; (vi) magnitude, frequency, or duration.

Question 27

In the tort of conversion of chattel, the actor (i) ______ ______ ________ over chattel (movable personal property) in (ii) ________ ________, and so doing, so seriously (iii) _______ with the victims (iv) _____ ____ in the chattel that it is fair to compel the actor to pay the chattel’s (v) _____ ______. Outright theft or destruction usually suffices, but is not necessary.

Answer 27

(i) intentionally exercises control; (ii) another’s possession; (iii) interferes; (iv) superior rights; (v) full value.

Question 28

To demonstration intent for conversion of chattel, the actor must (i) ________ __________ and act that happens to (ii) _____ with the victim’s (iii) ______ _______ in chattel. The Actor need not know or have reason to know of the victim’s rights.

Answer 28

(i) intentionally perform; (ii) interfere; (iii) superior rights

Question 29

Interference with chattel entails using the chattel _______ with the victim’s rights.

Answer 29

inconsistently

Question 30

Several factors support requiring the actor to pay the chattel’s full value: (i) __________ of full value (e.g, (ii) ________); (iii) ____ ______ of the victim’s rights; (iv) the _______ and _______ of the actor’s control; (v) the __________ or _______ interference; and (vi) substantial ______, ________, or ______.

Answer 30

(i) deprivation; (ii) destruction; (iii) serious usurpation; (iv) extent and duration; (v) deliberate or knowing; (vi) damage, inconvenience, or expense.

Question 31

In the tort of trespass to chattel, the actor (i) ________ does an act that happens to (ii) ________ with the victim’s (iii) ________ _______ to possess the chattel, but not (iv) _______ enough to justify requiring payment of its (v) ___ _____. Interferences includes (vi) ________ the victim of chattel’s use for a (vii) ______ _________ or (viii) ________ ________ it’s usefulness.

Answer 31

(i) intentionally; (ii) interfere; (iii) superior right; (iv) seriously; (v) full payment; (vi) depriving; (vii) appreciable (brief) time; (vii) materially impairing.

Question 32

The defense to intentional torts include: (i) _____, (ii) ______ of person, (iii) public ______, (iv) private ______, (v) _____, _________ or property, (vi) ______ of property; or (vii) _____ ________.

Answer 32

(i) consent; (ii) defense; (iii) necessity; (iv) necessity; (v) recapture, reclamation, (vi) defense; (vii) mistake insufficient.

Question 33

Effective (i) _______ or ________ _________ is a defense to all intentional torts, provided that the actors conduct remained within the scope of (ii) _________. To give effective (iii) ___________, a person must (iv) know all the _______ facts, (v) ________ without ______ or _______; (vi) not be ________; and (vii) suffer no _______ ______

Answer 33

(i) express or implied consent; (ii) consent; (iii) consent; (iv) material; (v) consent without duress or coercion; (vi) underage; (vii) mental defect

Question 34

An actor may use (i) ____ _____ against persons insofar as the actor (ii) _______ ________ it is (iii) ________ to defend himself against (iv) _________, ________ force.

Answer 34

(i) physical force; (ii) reasonably believes; (iii) necessary, (iv) imminent, unlawful.

Question 35

Retaliation and preemptive strikes to threats of physical force are ________

Answer 35

forbidden.

Question 36

If an actor defense himself with physical force, the force must not be (i) ________ ________ than what the actor (ii) _______ ________ _________

Answer 36

(i) significantly greater; (ii) reasonably believes necessary

Question 37

An actor can defend with (i) ________ ________ if he (ii) _________ _________ it is (iii) ____________ to prevent (iv) _________ death or serious bodily injury

Answer 37

(i) deadly force; (ii) reasonably believes; (iii) necessary; (iv) imminent

Question 38

The initial aggressor may use force in defense only if the target: (i) ______ _______ __________ or (ii) _______ __________ after the aggressor backs off, having (iii) (iii) ________ ______________ _________ to cease force.

Answer 38

(i) uses excessive force; (ii) uses force; (iii) clearly communicated intent

Question 39

The tort defense of public necessity is available if the actor (i) ________ _________ that (ii) __________ with (iii) ________’s ___________ is (iv) _________ to avoid (v) _______ ________.

Answer 39

(i) reasonably believes; (ii) interfering; (iii) another’s property; (iv) necessary; (v) public disaster

Question 40

The tort defense of private necessity is available if the actor (i) _________ _________ that (ii) ___________ with (iii) ________’s _________ is (iv) _________ to prevent (v) ________ __________ to (vi) __________ or ________.

Answer 40

(i) reasonably believes; (ii) interring; (iii) another’s property; (iv) necessary; (v) serious harm; (vi) persons or property.

Question 41

An actor may rely on the defense of recapture, reclamation of property if he (i) _______ ________’s _______ and remains there as long as (ii) _________ _________ to (iii) ______ __________, provided that (iv) _________ is at a (v) reasonable ______ , in a (vi) reasonable ________, and without (vii) ________ of the _______ or (viii) _______ against a person.

Answer 41

(i) enter another’s land; (ii) reasonably necessary; (iii) reclaim property; (iv) entry; (v) time; (vi) manner, (vii) breach of the peace; (viii) force

Question 42

If someone has taken (i) _________ wrongfully, an is (ii) __________ fleeing, and has not gotten away, the owner may (iii) ________ the taker and use (iv) ________, _______ ________ to reclaim the (v) _______.

Answer 42

(i) chattel; (ii) currency; (iii) pursue; (iv) reasonably, non-deadly force; (v) chattel

Question 43

In defense of property, the defender may use (i) _________ _________ force to defend (ii) _______ or _______. If reasonable, the defender must first (iii) ______ that the wrongdoer (iv) _______.

Answer 43

(i) reasonable, non-deadly; (ii) land or chattel; (iii) demand; (iv) stop

Question 44

(i) _________ insufficient means that in order to use (ii) ________ to defend or recapture (iii) ________, the real (iv) ___________ must (v) __________. (vi) ________ ______ is insufficient.

Answer 44

(i) Mistake; (ii) force; (iii) property; (iv) circumstance; (v) exist; (vi) reasonable belief

Question 45

Negligence torts occur because the actor (i) ______ the victim a (ii) _______ __ ________ to a (iii) _______ __ ________ and (iv) ________ that (v) _______, (vi) _______ and (vii) ___________, (viii) __________ the victim (ix) ________.

Answer 45

(i) owes; (ii) duty to conform; (iii) standard of care; (iv) breaches; (v) duty, (vi) actually; (vii) proximately; (viii) causing; (ix) harm

Question 46

In order for a negligence tor to exist, the actor must (i) _____ the victim a (ii) ________ __ _____.

Answer 46

(i) owe; (ii) duty of care

Question 47

For a negligence tort, a (i) _______ arises if the actor should (ii) ________ ________ that his conduct creates an (iii) _______ _______ of (iv) ________ ___ _______

Answer 47

(i) duty; (ii) reasonably foresee; (iii) unreasonable risk; (iv) harm to another

Question 48

The majority view of (i) ________ _____ is the (ii) ______ view, which imposes a (iii) ______ only insofar as the conduct creates a (iv) ________ _________ risk of harm to someone in the victim’s (v) __________. Others, though injured, are owed no (vi) ______.

Answer 48

(i) foreseeable risk; (ii) Cardozo; (iii); (iv) foreseeable risk; (v) position; (vi) duty.

Question 49

The (i) _________ view of (ii) _______ ________ is that if the actor’s conduct could (iii) _______ ______ ______ someone, a (iv) ______ flows to (v) _________ harmed.

Answer 49

(i) Andrew’s; (ii) foreseeable risk; (iii) reasonably foreseeably harm; (iv) duty; (v) anyone

Question 50

In general, (i) ________ are also (ii) __________ victims who may be injured trying to help someone imperiled by the (iii) __________.

Answer 50

(i) rescuers; (ii) foreseeable; (iii) negligence

Question 51

The (i) _________’s ______ says that an actor is generally not liable to harm of (ii) _______-________ ________ responding to an emergency caused by negligence, but the actor is liable for (iii) ____, ________, or __________ unrelated to the cause.

Answer 51

(i) firefighter’s rule; (ii) public-safety officers; (iii) intent, recklessness, or negligence

Question 52

An actor owes a (i) _______ if he has (ii) ______ to _____ that his conduct has (iii) _______ the ______ to the risk of (iv) ________; the (v) _______ requires (vi) ______ ________ to prevent (vii) _______ _______ harm.

Answer 52

(i) duty; (ii) reason to know; (iii) exposed the victim; (iv) harm; (v) duty; (vi) reasonable care; (vii) foreseeable future

Question 53

The actor owes a (i) ________ to anyone he (ii) _______ _______ to _________, with or without (iii) __________, or who (iv) __________ _________ on his promise.

Answer 53

(i) duty; (ii) voluntarily undertakes to assist; (iii) compensation; (iv) reasonable relies.

Question 54

There is no duty to (i) ________, but if one attempts a (ii) _________, he must use (iii) ________ ______ to avoid inuring the person assisted.

Answer 54

(i) rescue; (ii) rescue; (iii) reasonable care

Question 55

If someone has an established (i) ______, he must follow the (ii) ________ of _______ to avoid (iii) _______.

Answer 55

(i) duty; (ii) standard of care; (iii) liability

Question 56

An (i) _______ must exercise the (ii) _______ of a _____ _______ under the circumstances to avoid causing (iii) _______ _______ ________.

Answer 56

(i) adult; (ii) care of a reasonable person; (iii) reasonably foreseeable harm.

Question 57

A (i) _________ __________ is (ii) ____ and of (iii) ______ _________, with the (iv) ________, _________, and ___________ of an average (v) ______ ________ (plus the actor’s superior attributes) with the (vi) _______ _________.

Answer 57

(i) reasonable person; (ii) sane; (iii) average intelligence; (iv) knowledge, foresight, and experience; (v) community member; (vi) physical characteristics.

Question 58

A (i) _______ must behave reasonably for a (ii) ______ of his (iii) ______. The (iv) _______ standard of care applies to (v) _________ undertaking activities carrying (vi) _______ ________ of (vii) _____ _____ if not conducted with a (viii) ______ ______’s care and skill (e.g, driving a car).

Answer 58

(i) minor; (ii) child; (iii) age; (iv) adult; (v) children; (vi) inherent risk; (vii) grave injury; (viii) reasonable adult’s

Question 59

(i) _____ _________ owe a (ii) _______ of ______ to some occupants.

Answer 59

(i) Land Possessors; (ii) duty of care.

Question 60

A (i) ______ _______ owes most occupants a (ii) _____ to use (iii) __________ ____ in conducting on-premise activities to avoid injury them.

Answer 60

(i) land possessor; (ii) duty; (iii) reasonable care

Question 61

Generally, a (i) _____ ______ owes no (ii) _____ if the (ii) _______ is (iv) _______ and ______.

Answer 61

(i) land possessor; (ii) duty; (iii) risk; (iv) open and obvious

Question 62

An (i) _________ on the (ii) ________ with the possessor’s (iii) ___________ for either (iv) _________ ______ benefitting the possessor or for a purpose for which the (v) ________ are (vi) ________ ________.

Answer 62

(i) invitee; (ii) premise; (iii) permission; (iv) business dealings; (v) premises; (v) publicly open

Question 63

An (i) _________ must remain within the (ii) ________’s time and space limitations, or else become a (iii) _______ or a (iv) _________.

Answer 63

(i) invitee; (ii) invitations; (iii) licensee; (iv) trespasser

Question 64

The (i) _____ _______ must (ii) ______ or _______ any (iii) __________ about any (iv) ________ _________ natural or (v) _______ condition, if the (vi) _____ _______ ________ or if a (vii) _______ _______ would reveal them.

Answer 64

(i) land possessor; (ii) remedy or warn; (iii) inviteee; (iv) unreasonably dangerous; (v) artificial; (vi) land possessor knows; (vii) reasonable inspection.

Question 65

A (i) ___________ is on the premises by the (ii) ________’s (iii) ________ or ________. If the (iv) _________ goes beyond the scope of the (v) ______, he becomes a (vi) ___________. The possessor owes the (vii) _______ no duty of (viii) ________, but must take (ix) _______ steps to (x) _______ about or (xi) ________ any (xii) _______ ________ natural or artificial condition if the possessor (xiii) ________ of the condition and risk, and (xiv) ______ or should ________ that the licensee is (xv) ________ to _______ it.

Answer 65

(i) licensee; (ii) possessor’s; (iii) consent or privilege; (iv) licensee; (v) license; (vi) trespasser; (vii) licensee; (viii) inspection; (ix) reasonable; (x) warn; (xi) remedy; (xii) unreasonably dangerous; (xiii) knows; (xiv) knows or should know; (xv) unlikely to discover

Question 66

A (i) __________ is on the (ii) _________ without (iii) _______ or ________. If the possessor knows or has reason to know of the (iv) _________’s presence and knows that the (v) _________ is (vi) __________ a (viii) ________, (viii) ___________ condition posing (ix) _____ of (x) ____ ___ or ______, he must (xi) ______ the (xii) __________.

Answer 66

(i) trespasser; (ii) premises; (iii) consent or privilege; (iv) trespasser’s; (v) trespasser; (vi) approaching; (vii) non-obvious; (viii) artificial; (ix) risk; (x) serious injury or death; (xi) warn; (xii) trespasser.

Question 67

If the (i) ________ knows or should know that (ii) ______ will likely (iii) _______ upon a place where an (iv) _______ _________ poses (v) _______ of (vi) _______ or _____ _________ to them, the (vii) _________ must take (viii) _______ ______ to protect them, provided that the (ix) ____________ would be too (x) _______ to appreciate the (xi) _________ and the condition’s (xii) _________ and (xiii) _______ of ________ the risk are slight compared to the danger of the (xiv) _______ _________.

Answer 67

(i) possessor; (ii) children; (iii) trespass; (iv) artificial condition; (v) risk; (vi) death or serious harm; (viii) possessor; (viii) reasonable steps; (ix) children; (x) young; (xi) danger; (xii) utility; (xiii) burden of eliminating; (xiv) child trespassers.

Question 68

A (i) _______ has no duty to a (ii) _______ or his guests to (iii) ______ about or (iv) ________ defects on the premises, except insofar as: the (v) ________ (vi) ______ _______ or (vii) _____ ______ to repair; or (viii) _________ ______ over the premises (e.g., common areas); or (ix) ____ to ______ about or (x) ____ a (xi) ___ ______ not (xii) ______ _____ by the tenant; or leases the premises for (xiii) ______ ___.

Answer 68

(i) landlord; (ii) duty; (iii) warn; (iv) remedy; (v) landlord; (vi) contractually agrees; (vii) voluntarily undertakes; (viii) retains control; (ix) fails to warn; (x) fix; (xi) known defect; (xii) reasonably discoverable; (xiii) public use.

Question 69

With exceptions, a person generally has no (i) ___ to protect another from (ii) ______ ______.

Answer 69

(i) duty; (ii) third parties.

Question 70

An actor must use (i) _________ ____ to protect another from third parties if the actor (ii) ________ ________ to do so or if the actor (iii) _______ or ______ _______ he has placed someone at (iv) ______ ________ of (v) ____ by third parties.

Answer 70

(i) reasonable care; (ii) voluntarily undertakes; (iii) knows or should know; (iv) unreasonable risk; (v) harm

Question 71

An actor with (i) _______ or (ii) _______ one someone must use (iii) _____ _____ to prevent that person from (iv) _________ others and from others (v) ________ that person.

Answer 71

(i) custody; (ii) control; (iii) reasonable care; (iv) harming; (v) harming

Question 72

If a (i) ___________ determines or should determine that a (ii) __________ presents a serious (iii) ________ of _______, the (iv) _________ must use (v) ______ ____ to prevent the violence (e.g., warn the police)

Answer 72

(i) therapist; (ii) patient; (iii) danger of violence; (iv) therapist; (v) reasonable care

Question 73

If a (i) __________ has reason to believe a (ii) _______ poses an (iii) _________ _____ of _____ to others due to (iv) ________ ________ or (v) ________, he must warn the (vi) __________ to take (vii) _________ ______ to minimize the (viii) _____.

Answer 73

(i) doctor; (ii) patient; (iii) unreasonable risk of harm; (iv) physical limitation; (v) disease; (vi) patient; (vii) reasonable steps; (viii) risk.

Question 74

The (i) _______ owe no duty to protect one person, unless they (ii) __________ do so by (iii) ______ ____ that (iv) _______ ________ a person’s (v) _________ on the protection.

Answer 74

(i) police; (ii) voluntarily: (iii) affirmative act; (iv) reasonably induces; (v) reliance

Question 75

Depending on jurisdiction, a (i) ________ _______ must perform at the level of an (ii) ________ ______, (iii) _______, and (iv) ___________ practitioner in the same (v) ________, the same or similar (vi) _________ (majority rule), or the same or similar (vii) _______.

Answer 75

(i) general practitioner; (ii) ordinarily careful; (iii) skillful; (iv) prudent; (v) locality, (vi) localities; (vii) circumstances (including locality)

Question 76

A (i) ______ _______ must behave like a (ii) _______ ______, (iii) ________, (iv) ________, and (v) ______ (vi) ________ in the same (vii) ________ under the same (viii) __________.

Answer 76

(i) medical specialist; (ii) reasonably carefully; (iii) skillful, (iv) knowledgeable, (v) prudent (vi) specialist; (vii) discipline; (viii) circumstances

Question 77

A (i) _________ or other (ii) _________ may be immune from liability for negligence (not (iii) _________) assisting at the scene of a (iv) ______ _________ while under no (v) ___-________ duty to assist.

Answer 77

(i) physician; (ii) rescuer; (iii) recklessness; (iv) medical emergency; (v) pre-existing

Question 78

A (i) ________ may be liable for failing to obtain a (ii) _______’s (iii) _________ ________ to a (iv) _______ or ________, provided that the (v) _______ failed to disclose a (vi) _______ ______, the (vii) _________ would have (viii) ____________ the (ix) _________ or _________ upon proper (x) ___________, and the (xi) _____ caused the (xii) _______.

Answer 78

(i) doctor; (ii) patient’s; (iii) informed consent; (iv) treatment or procedure; (v) doctor; (vi) material risk, (vii) patient; (viii) rejected; (ix) treatment or procedure; (x) information; (xi) risk; (xii) injury.

Question 79

A law’s requirement may replace the general (i) _______ of _______ if the law contains a (ii) _______, ________ command; is (iii) ___________; and is meant to (iv) ________ a (v) _____ of _________ including the (vi) _______ from the type of (vii) ________. This is called negligence (viii) ___ ___.

Answer 79

(i) standard of care; (ii) mandatory, specific; (iii) penal; (iv) protect; (v) class of individuals; (vi) victim; (vii) accident; (viii) per se

Question 80

Negligence (i) __ ____ is inapplicable if obeying the law would be more (ii) _________ than disobeying, or if the actor is (iii) _______ to ________ despite (iv) _________ ______, or if he is (v) _________ _________ of the occasion to comply, or if he is (vi) _________ with an (vii) _________ that is not his (viii) ________.

Answer 80

(i) per se; (ii) dangerous; (iii) unable to comply; (iv) reasonable efforts; (v) reasonably ignorant; (vi) confronted; (vii) emergency; (viii) fault.

Question 81

An actor (i) ________ a (ii) _______ by not following the (iii) ________ of ______

Answer 81

(i) breaches; (ii) duty; (iii) standard of care.

Question 82

The tort plaintiff must show than an (i) ______, ________ course of conduct available to the defendant would have (ii) _________ or _________ the (iii) _______, balancing the (iv) _________ and _______ of (v) _______ against the (vi) ______ _________ of the defendant’s conduct and the (vii) ________’s __________, cost, and risk.

Answer 82

(i) alternative, reasonable; (ii) prevented or mitigated; (iii) injury; (iv) likelihood and magnitude; (v) harm; (vi) social utility; (vii) alternative’s burden

Question 83

The accident’s occurrence is (i) _______ ______ breach if (ii) the ________ would not (iii) __________ occur without (iv) __________, the (v) ________ _______ was under the actor’s primary control when the accident occurred, and (vi) _______ _______ likely did not cause the harm. This is the doctrine of (viii) ___ _____ _______.

Answer 83

(i) prima facie; (ii) accident; (iii) ordinary; (iv) negligence, (v) injurious instrumentality; (vi) other factors; (viii) res ipsa loquitur

Question 84

(i) _______ _________ requires that the breach must (ii) ________ cause the harm.

Answer 84

(i) actual causation; (ii) actually

Question 85

The (i) ___-____ test of an (ii) ______ ________ says that the harm would not have transpired without it.

Answer 85

(i) but-for; (ii) actual cause

Question 86

According to the (i) __________-_______ doctrine (a subset of the (ii) ____-____ test), the breach is an (iii) _______ ________ if multiple forces, including the breach, combine to cause the harm, and (iv) ___ ____ ______ ______ could have caused it.

Answer 86

(i) common-causes; (ii) but-for; (iii) actual cause; (iv) no one force alone

Question 87

According to the (i) ________-_____ test, the breach is an (ii) ______ _______ if (iii) _______ ________, including the breach (iv) ________ ___________ to cause the harm, any force alone (v) ______ ________ caused the harm; determining which (vi) _____ caused which portion of the harm is (vii) __________; and the breach was a (viii) _________ _______ in causing the harm.

Answer 87

(i) substantial-factor; (ii) actual cause; (iii) multiple factors; (iv) combined simultaneously; (v) could have; (vi) force; (vii) impossible; (viii) substantial-factor

Question 88

According to the (i) ________-________ doctrine, if one of multiple (ii) _____ _______ caused the harm, but proving which is responsible is (iii) ___________, each must show that her negligence did (iv) ___ ______ ___ _____, (v) or else be _______.

Answer 88

(i) alternative-causes; (ii) negligent actors; (iii) impossible; (iv) not cause the harm; (v) liable.

Question 89

An actor is (i) _______ only for harms of the same (ii) ____ ____ as the (iii) ___________ _________ _____ from the breach. This is the idea of (iv) ________ _______. But the actor is liable for the (v) _____ _____ of harm, even if (vi) _________ by the victim’s unforeseeable (vii) _________.

Answer 89

(i) liable; (ii) general type; (iii) reasonably foreseeable risk; (iv) proximate causation; (v) full extent; (vi) exacerbated; (viii) vulnerability

Question 90

An (i) ______ _______ combining with the breach and helping cause the (ii) _______ does not defeat (iii) _______ ________ if it is reasonably (iv) ________. Foreseeable (v) _______ __________ include third parties’ negligence and (vi) _____ _______ to the actor’s (vii)

Answer 90

(i) intervening force; (ii) harm; (iii) proximate cause; (iv) foreseeable; (v) intervening forces; (vi) natural responses; (vii) negligence.

Question 91

An (i) ________ __________ ______ is typically a (ii) ________ _____, which defeats proximate cause. Third parties’ (iii) ________ and (iv) _______ _______ are generally (v) _________, absent a legal duty to protect from third parties. One may be (vi) ________ if the type of harm is foreseeable, but the catalyst is (vii) _________.

Answer 91

(i) unforeseeable intervening force; (ii) superseding cause; (iii) crimes; (iv) intentional torts; (v) unforeseeable; (vi) liable; (vii) unforeseeable.

Question 92

An actor is (i) ___ ______ for a harm by an (ii) _____ ______ arising after the (iii) ___________ _______ of harm from the breach has (iv) ________.

Answer 92

(i) not liable; (ii) intervening force; (iii) foreseeable risk; (iv) abated.

Question 93

_____ is loss or detriment.

Answer 93

Harm.

Question 94

(i) ______ _________ and (ii) _______ ________ are always recoverable in tort.

Answer 94

(i) personal injury; (ii) property damage

Question 95

(i) ________ harm is recoverable if (ii) ________ to (iii) _____ harm or (iv) _______ or __________ (v) _______ of _________ _________.

Answer 95

(i) emotional; (ii) traceable; (iii); (iv) intentional or negligence; (v) inflection of emotional distress.

Question 96

(i) __________ _________ of _______ _______ allows recovery for (ii) ___________ harm not (iii) _________ to any physical harm.

Answer 96

(i) negligent infliction of emotional distress; (ii) emotional; (iii) traceable

Question 97

A (i) ____-_____ (ii) _______ ________ of _______ _______ action arises if the victim is (iii) __________ placed at (iv) _________, ___________ risk of (v) _________ physical injury that never (vi) __________, , and this causes the victim (vii) ________ _______ _______, and the (viii) impact ____-of-________ rule (depending on jurisdiction) is satisfied.

Answer 97

(i) near-miss; (ii) negligent infliction of emotional distress; (iii) foreseeably; (iv) significant, unreasonable; (v) imminent; (vi) materializes; (vii) severe emotional distress; (viii) zone-of-danger.

Question 98

The (i) _______ _______ of (ii) ___ _____ (iii) _____ ______ of _______ _________ says that the distress must arise from (iv) ___________ contact, even if slight, at the time of the tort.

Answer 98

(i) impact rule; (ii) near miss; (iii) negligent infliction of emotional distress; (iv) physical

Question 99

The (i) _____-of-_____ rule of (ii) ____ _____ (iii) ______ _______ of ______ _____ says that the breach must put the victim at (iv) _________ ______ risk of (v) _______ physical harm, and the victim must (vi) _________, reasonably fear for his own safety. Some jurisdictions also require some (vii) ________ like headaches or trouble sleeping.

Answer 99

(i) zone-of-danger; (ii) near miss; (iii) negligent infliction of emotional distress; (iv) foreseeable risk; (v) imminent; (vi) actually; (vii) symptoms.

Question 100

A (i) __________ may recover for (ii) ______ ________ of _____ _____ if she suffer from (iii) _____ ______ by watching the actor (iv) ________ injure another party.

Answer 100

(i) bystander; (ii) negligent infliction of emotional distress; (ii) emotional distress; (iv) negligently

Question 101

In order to qualify as a (i) __________ victim of (ii) ______ ______ of _______ ________, courts traditionally require that the (iii) ________ be (iv) _____ _______ to the primary victim by (v) ________ or _____

Answer 101

(i) bystander; (ii) negligent infliction of emotional distress; (iii) bystander; (iv) closely related; (v) blood or marriage

Question 102

In order to qualify as a (i) _________ victim of (ii) _______ _______ of ________ __________, the (iii) _____ must be (iv) _______ and (v) ________ the injury as it occurs (or in some jurisdiction, arrive shortly after, before conditions change)

Answer 102

(i) bystander; (ii) negligent infliction of emotional distress; (iii) bystander; (iv) present; (v) perceive

Question 103

Defenses to negligence include (i) ________ negligence, (ii) _________ _______, and (iii) ______ of _______

Answer 103

(i) contributory; (ii) comparative fault; (iii) assumption of risk

Question 104

In (i) _________ _______ jurisdictions, the defendant is (ii) _________ _______ if the plaintiff’s negligence (iii) ________ and _________ caused the injury.

Answer 104

(i) contributory negligence; (ii) completely absolved; (iii) actually and proximately.

Question 105

The (i) ______-______-______ doctrine says that (ii) _______ ________ is inapplicable if the defendant had the (iii) ______ ______ _______ to avoid harm by (iv) _______ ______. If the (v) _________’s __________ placed him in a position of (vi) _____ from which he could not (vii) _________ _______, then the (viii) ______ _____ ________ rule applies only if the (ix) ________ knew or reasonably should have known of the (x) ______. Otherwise, the (xi) _______-______-_______ doctrine applies only if the (xii) _________ actually know if the (xiii) ________.

Answer 105

(i) last-clear-chance; (ii) contributory negligence; (iii) last clear chance; (iv) reasonable care; (v) plaintiff’s negligence; (vi) peril; (vii) reasonably escape; (viii) lat clear chance; (ix) defendant; (x) peril; (xi) last-clear-chance; (xii) defendant; (xiii) peril.

Question 106

The (i) _______ doctrine says (ii) _________ _______ is inapplicable if the (iii) __________ negligently injures himself trying to (iv) _______ the defendant from a predicament resulting from the (v) _______’s _______.

Answer 106

(i) rescue; (ii) contributory negligence; (iii) plaintiff; (iv) rescue; (v) defendant’s negligence

Question 107

In most jurisdictions, the (i) ______’s _______ will reduce recovery. This is the idea of (ii) _________ ________.

Answer 107

(i) plaintiff’s negligence; (ii) comparative fault

Question 108

(i) _______ _________ _______ is when the (ii) ____ _____ determines each’s party’s (iii) ______ of fault for the accident, including the plaintiff’s. (iv) _______ is then reduced by the plaintiff’s (v) _________ of fault.

Answer 108

(i) pure comparative fault; (ii) fact finder; (iii) percentage; (iv) recovery; (v) percentage

Question 109

(i) _______ ________ _______ is the same as (ii) ______ ________ ________, except that the plaintiff cannot recover if his percentage of faults equal or exceeds (iii) ___ _______.

Answer 109

(i) modified comparative fault; (ii) pure comparative fault; (iii) 50 percent

Question 110

A (i) ______ or _____ actor is not (ii) ______ to a victim who is aware of an (iii) _______ ______ of harm from (iv) ________ or _______, but (v) ________ proceeds anyway.

Answer 110

(i) negligent or reckless; (ii) liable; (iii) unreasonable risk; (iv) negligence or recklessness; (v) voluntarily.

Question 111

In (i) _______ assumption of the risk, the victim (ii) ______ the risk by (iii) ___________ ________ or other (iv) ________ _______. Some risks, including medical practices, may not be assumed.

Answer 111

(i) express; (ii) assumes; (iii) contractual agreement; (iv) affirmative manifestation.

Question 112

In (i) _____ assumption of risk, the victim (ii) ________, ________ participates in (iii) _________ _______ activities, or (iv) _________ proceeds despite danger created by the (v) ________’s ___________.

Answer 112

(i) implied; (ii) knowingly, voluntarily; (iii) inherently risky; (iv) knowingly; (v) defendant’s negligence

Question 113

A plaintiff may recover damages from a (i) ________ defendant

Answer 113

(i) liable

Question 114

Liability must be (i) _________ among the parties

Answer 114

(i) apportioned

Question 115

When the responsible parties act (i) _______, each is responsible for the portion of the (ii) _______ that he caused, this is called (iii) _______ _________. If it is (iv) _______ to tell which party caused which portion of the (v) ________, then the (vi) _____ _______ will allocate percentages of fault.

Answer 115

(i) independently; (ii) injury; (iii) causal apportionment; (iv) impossible; (v) injury; (vi) fact finder

Question 116

If multiple tortfeasors (i) __________ acted in (ii) _______, each is (iii) ________ and _______ liable for 100% of the harm attribute to the tortfeasor’s misconduct.

Answer 116

(i) knowingly; (ii) concert; (iii) jointly and severally

Question 117

If responsibility is allocated on (i) ______, recovery depends whether the jurisdiction imposes (ii) _____ or (iii) _______ and _______ liability.

Answer 117

(i) fault; (ii) several; (iii) joint and several

Question 118

(i) ______ liability is the idea that for a given (ii) _______, the plaintiff may recover only that (iii) __________’s share of the award.

Answer 118

(i) several; (ii) tortfeasor; (iii) tortfeasor’s

Question 119

(i) _______ and _______ contribution is the idea that if a (ii) _______ paid more than his (iii) ______ of an award, he may recover the (iv) _______ from others.

Answer 119

(i) joint and several; (ii) tortfeasor; (iii) share; (iv) excess.

Question 120

(i) _______ and ____ liability holds that the plaintiff may (ii) ______ the total award from one, some, or all (iii) _________, regardless of (iv) ________.

Answer 120

(i) joint and several; (ii) recover; (iii) tortfeasors; (iv) allocation.

Question 121

The (i) ____-_______ rule holds that the plaintiff may recover up to (ii) _____ percent of the award.

Answer 121

(i) one-satisfaction; (ii) 100

Question 122

One party may be (i) _______ liable due to a (ii) _______ _______ with the primary tortfeasor

Answer 122

(i) vicariously; (ii) special relationship

Question 123

A plaintiff may recover from the (i) _________ ________ party to the same extent and on the same terms as the primary tortfeasor.

Answer 123

(i) vicariously liable.

Question 124

(i) _______ _________ is the idea that an employer is (ii) __________ liable for an employee’s tort if the (iii) ____-______ relationship between the employer and the employee exits at the time of the tort, and the tort is (iv) ______ within the (v) ________ of ________.

Answer 124

(i) Respondeat Superior; (ii) employer; (iii) master-servant; (iv) committed; (v) scope; (vi) employment

Question 125

A (i) _______-______ relationship generally means the employer has the power to control both the (ii) ___ _____ and the (iii) _______ and ______ of performing the work.

Answer 125

(i) master-servant; (ii) end results; (iii) manner and means

Question 126

Generally, an (i) _______’s conduct is within the (ii) ______ of _______ if the employee works for the employer (iii) _________ within the employer’s (iv) _______ ______ and ______ _________, and the conduct is (v) ______ (at least in part) by a desire to (vi) _____ the ________.

Answer 126

(i) employee’s; (ii) scope of employment; (iii) substantially; (iv) authorized time and space limitations; (v) motivated; (vi) serve the employer.

Question 127

Regarding an (i) ________’s (ii) _______ of ________, the employer is generally not (iii) ________ for an employee’s torts committed during a (iv) ________ to or from work.

Answer 127

(i) employee’s; (ii) scope of employment; (iii) liable; (iv) commute

Question 128

Regarding an (i) _______’s (ii) ________ of ________, a tort during (iii) _____ is not within the (iv) _______ of _______. A (v) ______ generally occurs when the employee (vi) ________ departs from the employer’s authorized time and space constraints or acts (vii) ______ _______ _______ to serve the employer.

Answer 128

(i) employee’s; (ii) scope of employment; (iii) frolic; (iv) scope of employment; (v) frolic; (vi) significantly; (vii) without substantial motivation

Question 129

Regarding an (i) _______’s (ii) _______ of ______, a tort during a mere (iii) ________ is within the (iv) ______ of ________. A mere (v) _______ is a minor (vi) ______ from the employer’s designated time, place, and business conduct otherwise (vii) ______ _______ to serving the employer.

Answer 129

(i) employee’s; (ii) scope of employment; (iii) detour; (iv) scope of employment; (v) detour; (vi) deviation; (vii) substantially motivated.

Question 130

(i) _______ __________ for (ii) _________ dangerous activities arises if the actor knows or should know that the activity carries (iii) _______, ____ _____ of great harm that cannot be remedied by (iv) _______’s (v) _______ ________; the activity is (vi) ________ in the (vii) ________; and the (viii) _____ flows from the (ix) activity’s _______ _______.

Answer 130

(i) strict liability; (ii) abnormally; (iii) inherent, high risk; (iv) anyone’s; (v) reasonable care; (vi) unusual; (vii) community; (viii) injury; (ix) dangerous aspect.

Question 131

Generally, an owner of (i) _____ _______ not traditionally kept as pets is (ii) ____ _____ for perusal injury or property damage that is (iii) _____, ________ consequence of a (iv) _____ _______’s trespass.

Answer 131

(i) farm animals; (ii) strictly liable; (iii) natural, probable; (iv) farm animal’s

Question 132

The owner of an animal whose (i) _______ is typically kept as pets is (ii) ______ _______ if: at the time of (iii) ______, the owner knows (or should know) that the (iv) _____ ______ has a (v) _____ _____ uncommon for the species, and the (vi) _______ foreseeably causes the harm.

Answer 132

(i) species; (ii) strictly liable; (iii) injury; (iv) discrete animal; (v) dangerous propensity; (vi) propensity

Question 133

An animal’s owner is (i) _____ _______ if the animal belongs to a (ii) _______ _______ not generally domesticated, and the (iii) _____ ________ of the species causes the harm. This applies even if the individual animal is harmless.

Answer 133

(i) strictly liable; (ii) dangerous species; (iii) wild characteristics

Question 134

(i) ______ _______ recovery may be diminished or barred if the victim: (i) _______ and _____ confronts a risk from the animal or abnormally dangerous activity; or (iii) _____ comes into (iv) _______ or ________ with the activity or animal to (v) ______ a ________; or (vi) _____ trespasses onto the actor’s property.

Answer 134

(i) strict liability; (ii) knowingly and unreasonably; (iii) voluntarily; (iv) contact or proximity; (v) secure a benefit; (vi) willfully

Question 135

To recover, a (i) ______-______ plaintiff must show that a (ii) _____ ______ actually and proximately caused the harm and that the defendant is (iii) ______ under one of the products-liability theories.

Answer 135

(i) products-liability; (ii) product defect; (iii) liable

Question 136

A (i) _________ product (ii) _____ exists if the product is (iii) ________ _________ because it physically departs from its (iv) ______ _______. An (v) ________ ________ product is more dangerous than a (vi) ____ _____ should expect it to be if reasonably foreseeable (vii) _____ or ________.

Answer 136

(i) manufacturing; (ii) defect; (iii) unreasonably dangerous; (iv) intended design; (v) unreasonably dangerous; (vi) reasonable consumer; (vii) used or mis-used.

Question 137

A product (i) _____ _______ exists if the product is (ii) _____ ________, though it did not depart from its (iii) _____ ________.

Answer 137

(i) design defect; (ii) unreasonably danger; (iii) intended design

Question 138

For (i) ______ liability, some jurisdictions use a (ii) ______-_____ test. The product is (iii) ________ _______ if the product, as designed, is more dangerous than a (iv) _____ _____ should expect it to be if reasonably foreseeable (v) ______ or _______.

Answer 138

(i) product; (ii) consumer-expectation; (iii) unreasonably dangerous; (iv) reasonable consumer; (v) used or mis-used

Question 139

For (i) ________ liability, some jurisdictions use a (ii) _____-_____ test. The product is (iii) ______ _______ if the (iv) _____ associated with using it outweighs the (v) _______, and there is a (vi) _______ _____ design that would make the product (vii) _____ in total without (viii) _______ _________ its usefulness and is (ix) _______ and (x) _________ feasible.

Answer 139

(i) product; (ii) risk-utility; (iii) unreasonably dangerous; (iv) risk; (v) utility; (vi) reasonable alternative; (vii) safer; (viii) substantially decreasing; (ix) technically; (x) economically

Question 140

An (i) __________ product (ii) _____ exists if the product is (iii) _______ ________ for lack of adequate (iv) ________ informing the average user about: the (v) ______, _______, and _______ of risks of foreseeable use or mis-use and how to (vi) ______ the danger, if possible . The plaintiff must show that he would have (vii) ________ the _______. Most courts rebuttable presume the plaintiff would have (viii) _______ a (ix) _______ warning.

Answer 140

(i) informational; (ii) defect; (iii) unreadable dangerous; (iv) warning; (v) existence, nature, and scope; (vi) avoid; (vii) headed the warning; (viii) headed; (ix) reasonable

Question 141

Product (i) _______ exists without (ii) _______ (called (iii) _______ product ________)) if the actor is a (iv) _____ supplier in the business of selling the product, the product was (v) _______ when it left the actor’s control, and the product’s (vi) _____ did not (vii) _____ _____ after leaving the actor’s control or before the harm.

Answer 141

(i) liability; (ii) culpability; (iii) strict product liability; (iv) commerce; (v) defective; (vi) condition; (vii) significantly change

Question 142

A (i) _______ existing when the product left the actor’s control and the lack of (ii) _______ ________ may be (iii) ______ if the accident (iv) _____ occurs only because of a (v) _____ and was not caused (vi) ______ by other factors.

Answer 142

(i) defect; (ii) intervening change; (iii) inferred; (iv) typically; (v) defect; (vi) solely

Question 143

Every (i) _____ ________ in the chain of (ii) ______ can be (iii) _______ liable.

Answer 143

(i) commercial supplier; (ii) distribution; (iii) strictly

Question 144

A (i) __________ is liable in (ii) _________ if due to his failure to use (iii) ____ ______ in (iv) _________ and handling the product or implement (v) reasonable __________ procedures, the product contained a (vi) _______ _______ upon leaving the (vii) _________’s control.

Answer 144

(i) manufacture; (ii) negligence; (iii) reasonable care; (iv) manufacturing; (v) testing; (vi) manufacturing defect; (vii) manufacturer’s

Question 145

The (i) _____ _______ may infer (ii) ________’s negligence if the accident would not have (iii) _______ ______ without the (iv) _______’s negligence; the product was under the (v) __________ _______ control when the negligence occurred or did not (vi) ______ _______ condition after leaving the (vii) ____________ control and before the accident; and other forces (viii) ______ ____ _____ cause the accident. This is the product liability application of (ix) ___ ____ _______.

Answer 145

(i) fact finder; (ii) manufacturer’s; (iii) ordinarily occurred; (iv) manufacture’s; (v) manufacture’s exclusive; (vi) substantially change; (vii) manufacture’s; (viii) likely did not; (ix) res ipsa loquitur.

Question 146

A (i) ______ is liable in (ii) ________ for a (iii) ______ or _____ defect if he knew or should have known about the defect and put the product into the (iv) ________ without (v) ____ _____ to fix the defect or provide (vi) ______ ______.

Answer 146

(i) manufacture; (ii) negligence; (iii) design or information; (iv) marketplace; (v) reasonable care; (vi) reasonable warnings

Question 147

If an (i) _____ _______ knows or has reason to know that a product is (ii) _______, he must (iii) _______ _______ for defects and take (iv) ________ _____ to avoid harm to foreseeable users (e.g., warnings)

Answer 147

(i) intermediate seller; (ii) defective; (iii) reasonably inspect; (iv) reasonable steps

Question 148

A (i) ___________ tort involves (ii) ____________ harm or (iii) ________ invasion.

Answer 148

(i) dignitary; (ii) reputation; (iii) privacy

Question 149

(i) _______ is a (ii) _________ to a third party, or a false, (iii) _______ statement of fact of and concerning the victim that (iv) ______ the victim’s (v) __________.

Answer 149

(i) defamation; (ii) publication; (iii) defamatory; (iv) harms; (v) reputation

Question 150

For (i) _________ (ii) ___________, the actor must (iii) ______ or _________ use the statement to be communicated to a third party who perceives and comprehends it,

Answer 150

(i) defamation; (ii) publication; (iii) negligently or intentionally

Question 151

Generally, someone (i) _________ a defamatory statement is (ii) _______ for defamation, even if he correctly (iii) ________ the statement to another. A secondary (iv) _____________ is not (v) ______ for (vi) __________ in the course of business, unless the (vii) ________ ____________ knows or has reason to know of the defamation

Answer 151

(i) repeats; (ii) liable; (iii) attributes; (iv) publisher; (v) liable; (vi) republication; (vii) secondary publisher

Question 152

A plaintiff must prove the (i) ____ of the statement as part of his defamation claim.

Answer 152

(i) falsity

Question 153

A (i) _____ ________ tends to harm the victim’s reputation, at least in a (ii) __________ _______ of the community or with (iii) ________ or ___________ associates

Answer 153

(i) defamatory statement; (ii) substantial minority; (iii) social or professional

Question 154

To be a statement of fact (for a defamation claim), the statement must state or imply (i) _________ information capable of being proven (ii) _____ or _____.

Answer 154

(i) objective; (ii) true or false

Question 155

For a defamation claim, it must be that the (i) _______ could (ii) _____ ______ that the statement refers to the victim, even if the actor does not intend to. A (iii) _____ generally cannot be defamed, unless it is so small that a reference to the group can be understand to include (iv) ____ ______.

Answer 155

(i) recipient; (ii) reasonably determine; (iii) group; (iv) each member

Question 156

The plaintiff must prove that the defamatory statement harmed his (i) _______. Harm to (ii) ________, or general damages, will be presumed in cases involving (iii) _____ or (iv) ______ __ ____. Otherwise, the plaintiff must prove (v) _____ ______ from the repetitional harm, or specific damages.

Answer 156

(i) reputation; (ii) reputation; (iii) libel; (iv) slander per se; (v) economic consequences

Question 157

A defamatory statement is (i) ____ if the communication (mass communication) is (ii) ________ in (iii) ______ form (e.g., print)

Answer 157

(i) libel: (ii) embodied; (iii) visible

Question 158

A defamatory statement is (i) ____ ___ ____ if the communication is (ii) ____ ______ that accuse the victim of (iii) _______, (iv) present affliction with a _______ _______, (v) traits incompatible with the victim’s ____, ____, or ____, or (vi) ______ ________ or impurity.

Answer 158

(i) sander per say; (ii) spoken words; (iii) crime; (iv) loathsome disease; (v) trade, business, or office; (vi) sexual misconduct

Question 159

Under the (i) ______ amendment, to recover for (ii) _______, a public figure must prove the traditional (iii) ________ elements, (iv) ____________, and (v) _____ _____.

Answer 159

(i) first; (ii) defamation; (iii) defamation; (iv) falsity; (v) actual malice

Question 160

For the purpose of defamation, a (i) ____ ______ is a (ii) _______ official, (iii) someone of ______, _______ ______; or someone with (iv) ________ regarding a public issue, who is a public figure only regarding that issue.

Answer 160

(i) public figure; (ii) public official; (iii) pervasive, general notoriety; (iv) notoriety

Question 161

(i) ____ ______, for public official defamation, means the actor knows the statement is (ii) ________, (iii) ______ the statement with (iv) _______ __________ for the truth or falsity, and (v) __________ ________ learning facts bearing on truth or falsity.

Answer 161

(i) actual malice; (ii) false; (iii) publishes; (iv) reckless disregard; (v) deliberately avoids

Question 162

If the plaintiff for defamation is a private figure, and the statement involves a (i) _______ of _______ ______, the plaintiff must prove (ii) ________ and at least (iii) ________. There are no significant constitutional limitation on a private figure’s suit over matters of private concern.

Answer 162

(i) matter of public concern; (ii) falsity; (iii) negligence

Question 163

In a defamation case involving a (i) ______-_____ plaintiff or a matter of (ii) ____ ______, the plaintiff must show (iii) ______ _____ to recover presumed or punitive (iv) ______.

Answer 163

(i) public figure; (ii) public concern; (iii) actual malice; (iv) damages

Question 164

An actor publicizes (i) ______ ______ significantly misrepresenting the victim’s (ii) ______, _______, or ______, and the false portrayal would be (iii) ____ _____ to a (iv) _____ _____. This is called (v) ______ _______. The statement need not harm reputation. Publicizing means communicating to the (vi) ______, so many persons that the statement is (vii) _______ _______ to become (viii) ____ __________, or a (ix) _____ whose opinion is important to the victim (e.g., colleague).

Answer 164

(i) false information; (ii) characteristics, conduct, or beliefs; (iii) highly offensive; (iv) reasonable person; (v) false light; (vi) public; (vii) substantially certain; (viii) public knowledge; (ix) group

Question 165

A (i) _____ ________ defeats liability for defamation or false light and may be lost through (ii) _______ (e.g., actual malice, excessive publication, or publication related to the interest the privilege protects)

Answer 165

(i) qualified privilege; (ii) abuse

Question 166

The (i) ______ _______ of (ii) _______ _______ defends against a defamation claim if the publication is (iii) _____, _______, and a (iv) _____ _______ of an (v) ____ ______ or proceeding or a (vi) ______ ______ dealing with a matter of (vii) _______ ______. Actual malice is not abused by this privilege.

Answer 166

(i) qualified privilege; (ii) fair reporting; (iii) fair, accurate; (iv) complete recording; (v) official action; (vi) public meeting; (vii) public concern

Question 167

The (i) ______ ________ of (ii) ________ in the (iii) ____ _________ defends against defamation claims where the stamens is made to (iv) ____ ______ about matters implicating their duties.

Answer 167

(i) qualified privilege; (ii) statements in the (ii) public interest; (iv) public official.

Question 168

The (i) _______ ________ of (ii) ____ ______ defends against a defamation claim where the statement is an (iii) _______ or _______ concerning a matter of legitimate (iv) _______ interest, and it is based on (v) _________ or generally known facts there (vi) ___, mutually assumed true by Toth ether speaker and recipient, or gleaned from a privileged prior statement.

Answer 168

(i) qualified privilege; (ii) fair comment; (iii) opinion or criticism; (iv) public; (v) known; (vi) true

Question 169

The (i) ________ ________ of statements in (ii) _____’s _______ defends against defamation where the statement relates to a (iii) _______ _________ interest of the recipient or third party, which the speaker (iv) ______ believes the statement necessary to protect, and (v) ______ with general standards of decency.

Answer 169

(i) qualified privilege; (ii) other’s interest; (iii) sufficiently important; (iv) reasonably; (v) comports

Question 170

The (i) ________ _______ of (ii) ____ _______ defends against a defamation claim where multiple people with (iii) _______ ___________ or pecuniary or (iv) _______ interest in a matter are privileged to exchange information with another, if the communication is reasonably related to protect the interest, and the speaker breaches no legal duty by communicating the information.

Answer 170

(i) qualified privilege; (ii) common-interest; (iii) common business; (iv) professional

Question 171

The (i) ______ _________ of (ii) ____-_______ defends against a defamation claim where the statement is to protect a (iii) _______ __________ interest of the spacer, and the speaker (iv) ____ ______ the statement will aid in lawfully protecting that interest.

Answer 171

(i) qualified privilege; (ii) self-vindication; (iii) sufficiently important; (iv) reasonably believes

Question 172

The (i) _______ ___________ against defamation absolve liability for defamation or false light even if the privilege is abused.

Answer 172

(i) absolute privilege

Question 173

Absolute privilege against a claim of defamation include any statement: by a (i) _________ performing (ii) ______ functions; by an (iii) ______-_____ official in the course of his public duties (if the statement (iv) ______ ______ to his duty); by an (v) _________, party, juror, witness, or judge in a judicial proceeding, if the statement (vi) ______ _______ to the subject matter; any statement between (vii) _________; an any statement the actor must legally facilitate, permit, or (viii) ________ without (ix) ________.

Answer 173

(i) legislators; (ii) legislative; (iii) executive-branch; (iv) reasonably relates; (v) attorney; (vi) reasonably relates; (vii) spouses; (viii) transmit; (ix) censorship