Torts Intro Deck Flashcards
1
Q
A (i) _______ is when someone (ii) _____ to (iii) ______ another with either (iv) ______ _______ or (v) _____ _____
A
(i) tort; (ii) act; (iii) harm; (iv) needed culpability; (v) strict liability
2
Q
A tort act is either a (i) ______ _____ ______ or (ii) _____ (if the law requires (iii) _______)
A
(i) voluntary bodily movement; (ii) inaction; (iii) action
3
Q
Tort intent is the (i) ______ ________ to do something (or cause a result) or (ii) ______ _____ of causing a result.
A
(i) conscious objective; (ii) substantial certainty
4
Q
(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
A
(i) intent; (ii) transfers
5
Q
Anyone who can (i) ____ ______ can generate (ii) _____, including (iii) _____, _______, and _______ people
A
(i) form thoughts; (ii) intent; (iii) children, incompetents, and insane people
6
Q
(i) __________ is (ii) _______ ________ an unreasonably high risk of result
A
(i) recklessness; (ii) consciously disregarding
7
Q
(i) ________ is (ii) _________ carelessness
A
(i) negligence; (ii) unreasonable
8
Q
The intentional torts against persons include (i) _____, (ii) _______, (iii) ______ _______ and (iv) intentional _______ of _______ _______.
A
(i) battery; (ii) assault; (iii) false imprisonment; (iv) intentional infliction of emotional assault
9
Q
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) _______ _______
A
(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
10
Q
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 ______.
A
(i) intentionally; (ii) act; (iii) reasonable apprehension of imminent battery; (iv) reasonable believe; (v) perform the battery
11
Q
For False Imprisonment, the actor (i) _________ (ii) ____ the victim to a (iii) _____- ______, and the victim is (iv) ______ of or _______ by the (v) ________.
A
(i) intentionally (ii) confines; (ii) bounded-area; (iv) aware of or harmed by; (v) confinement
12
Q
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.
A
(i) confinement; (ii) freedom of movement; (iii) appreciable time; (iv) physical restraints; (v) threats or duress; (v) false pretense of lawful authority
13
Q
A tort of false imprisonment must be without ____ _____ or _____-
A
legal authority or privilege (e.g., lawful arrest)
14
Q
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) ________ ______.
A
(i) shopkeepers’ (ii) exception; (iii) shopkeeper; (iv) reasonably believes; (v) shoplifting; (vi) detain; (vii) reasonable time; (viii) reasonable manner
15
Q
Per the Shopkeeper’s privilege (false imprisonment), a reasonable time of detention may only last as long as (i) ______ __ _________ _______ or until (ii) ___ ______ ______
A
(i) necessary to confirm shoplifting; (ii) the police arrive
16
Q
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 ______.
A
(i) reasonably necessary force; (ii) cause unnecessary humiliation or discomfort
17
Q
(i) _________ fails if the victim has a (ii) ________ means of (ii) _________ and is or should be aware of it.
A
(i) confinement; (ii) reasonable; (iii) escape
18
Q
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) _______ _______ _______
A
(i) engages; (ii) extreme and outrageous; (iii) intentionally or recklessly; (iv) extreme emotional distress
19
Q
(i) ______, __________ _______ exceeds common (ii) ______ or _________, and (iii) ______ the bounds of (iv) _______ _______.
A
(i) extreme, outrageous conduct; (ii) insults or trivialities; (iii) transcends; (iv) civilized decency.
20
Q
(i) _______ _______ ________ is greater than a (ii) _____ ________ of (iii) _______ ________ could endure under the circumstances, usually (iv) _________ ________ (weeping, gesticulation, etc.)
A
(i) severe emotional distress; (ii) reasonable person; (iii) ordinary firmness; (iv) manifesting objectively.
21
Q
The intentional torts to property includes (i) ____ to _____, (ii) _______, (iii) _______ of _______, and (iv) _____ to ______.
A
(i) trespass to land; (ii) nuisance; (iii) conversion of chattel; and (iv) trespass to chattel.
22
Q
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.
A
(i) intentionally; (ii) unlawfully; (ii) consent or privilege; (iv) physical entry
23
Q
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) _____ ________.
A
(i) interferes; (ii) generally public; (iii) public peace, safety, comfort, or convenience; (iv) private individual; (v) particularized, significant; (v) government representative; (vi) property rights.
24
Q
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) _____ _____ __ _____.
A
(i) intentionally; (ii) unreasonably; (iii) interferes; (iv) in the victim’s possession; (v) intent, recklessness, or negligence; (vi) possessory interest in land.
25
Significant interference (private nuisance) transcends (i) ____ ________, being (ii) ______ or ______ to the _____ ______ in the community.
(i) minor annoyance; (ii) offensive or intolerable; (iii) average person
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 ________.
(i) unreasonable; (ii) reasonable possessor; utility; (iv) neighborhood's; (v) social; (vi) magnitude, frequency, or duration.
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.
(i) intentionally exercises control; (ii) another's possession; (iii) interferes; (iv) superior rights; (v) full value.
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.
(i) intentionally perform; (ii) interfere; (iii) superior rights
29
Interference with chattel entails using the chattel _______ with the victim's rights.
inconsistently
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 ______.
(i) deprivation; (ii) destruction; (iii) serious usurpation; (iv) extent and duration; (v) deliberate or knowing; (vi) damage, inconvenience, or expense.
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.
(i) intentionally; (ii) interfere; (iii) superior right; (iv) seriously; (v) full payment; (vi) depriving; (vii) appreciable (brief) time; (vii) materially impairing.
32
The defense to intentional torts include: (i) _____, (ii) ______ of person, (iii) public ______, (iv) private ______, (v) _____, _________ or property, (vi) ______ of property; or (vii) _____ ________.
(i) consent; (ii) defense; (iii) necessity; (iv) necessity; (v) recapture, reclamation, (vi) defense; (vii) mistake insufficient.
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 _______ ______
(i) express or implied consent; (ii) consent; (iii) consent; (iv) material; (v) consent without duress or coercion; (vi) underage; (vii) mental defect
34
An actor may use (i) ____ _____ against persons insofar as the actor (ii) _______ ________ it is (iii) ________ to defend himself against (iv) _________, ________ force.
(i) physical force; (ii) reasonably believes; (iii) necessary, (iv) imminent, unlawful.
35
Retaliation and preemptive strikes to threats of physical force are ________
forbidden.
36
If an actor defense himself with physical force, the force must not be (i) ________ ________ than what the actor (ii) _______ ________ _________
(i) significantly greater; (ii) reasonably believes necessary
37
An actor can defend with (i) ________ ________ if he (ii) _________ _________ it is (iii) ____________ to prevent (iv) _________ death or serious bodily injury
(i) deadly force; (ii) reasonably believes; (iii) necessary; (iv) imminent
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.
(i) uses excessive force; (ii) uses force; (iii) clearly communicated intent
39
The tort defense of public necessity is available if the actor (i) ________ _________ that (ii) __________ with (iii) ________'s ___________ is (iv) _________ to avoid (v) _______ ________.
(i) reasonably believes; (ii) interfering; (iii) another's property; (iv) necessary; (v) public disaster
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 ________.
(i) reasonably believes; (ii) interring; (iii) another's property; (iv) necessary; (v) serious harm; (vi) persons or property.
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.
(i) enter another's land; (ii) reasonably necessary; (iii) reclaim property; (iv) entry; (v) time; (vi) manner, (vii) breach of the peace; (viii) force
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) _______.
(i) chattel; (ii) currency; (iii) pursue; (iv) reasonably, non-deadly force; (v) chattel
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) _______.
(i) reasonable, non-deadly; (ii) land or chattel; (iii) demand; (iv) stop
44
(i) _________ insufficient means that in order to use (ii) ________ to defend or recapture (iii) ________, the real (iv) ___________ must (v) __________. (vi) ________ ______ is insufficient.
(i) Mistake; (ii) force; (iii) property; (iv) circumstance; (v) exist; (vi) reasonable belief
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) ________.
(i) owes; (ii) duty to conform; (iii) standard of care; (iv) breaches; (v) duty, (vi) actually; (vii) proximately; (viii) causing; (ix) harm
46
In order for a negligence tor to exist, the actor must (i) _____ the victim a (ii) ________ __ _____.
(i) owe; (ii) duty of care
47
For a negligence tort, a (i) _______ arises if the actor should (ii) ________ ________ that his conduct creates an (iii) _______ _______ of (iv) ________ ___ _______
(i) duty; (ii) reasonably foresee; (iii) unreasonable risk; (iv) harm to another
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) ______.
(i) foreseeable risk; (ii) Cardozo; (iii); (iv) foreseeable risk; (v) position; (vi) duty.
49
The (i) _________ view of (ii) _______ ________ is that if the actor's conduct could (iii) _______ ______ ______ someone, a (iv) ______ flows to (v) _________ harmed.
(i) Andrew's; (ii) foreseeable risk; (iii) reasonably foreseeably harm; (iv) duty; (v) anyone
50
In general, (i) ________ are also (ii) __________ victims who may be injured trying to help someone imperiled by the (iii) __________.
(i) rescuers; (ii) foreseeable; (iii) negligence
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.
(i) firefighter's rule; (ii) public-safety officers; (iii) intent, recklessness, or negligence
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.
(i) duty; (ii) reason to know; (iii) exposed the victim; (iv) harm; (v) duty; (vi) reasonable care; (vii) foreseeable future
53
The actor owes a (i) ________ to anyone he (ii) _______ _______ to _________, with or without (iii) __________, or who (iv) __________ _________ on his promise.
(i) duty; (ii) voluntarily undertakes to assist; (iii) compensation; (iv) reasonable relies.
54
There is no duty to (i) ________, but if one attempts a (ii) _________, he must use (iii) ________ ______ to avoid inuring the person assisted.
(i) rescue; (ii) rescue; (iii) reasonable care
55
If someone has an established (i) ______, he must follow the (ii) ________ of _______ to avoid (iii) _______.
(i) duty; (ii) standard of care; (iii) liability
56
An (i) _______ must exercise the (ii) _______ of a _____ _______ under the circumstances to avoid causing (iii) _______ _______ ________.
(i) adult; (ii) care of a reasonable person; (iii) reasonably foreseeable harm.
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) _______ _________.
(i) reasonable person; (ii) sane; (iii) average intelligence; (iv) knowledge, foresight, and experience; (v) community member; (vi) physical characteristics.
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).
(i) minor; (ii) child; (iii) age; (iv) adult; (v) children; (vi) inherent risk; (vii) grave injury; (viii) reasonable adult's
59
(i) _____ _________ owe a (ii) _______ of ______ to some occupants.
(i) Land Possessors; (ii) duty of care.
60
A (i) ______ _______ owes most occupants a (ii) _____ to use (iii) __________ ____ in conducting on-premise activities to avoid injury them.
(i) land possessor; (ii) duty; (iii) reasonable care
61
Generally, a (i) _____ ______ owes no (ii) _____ if the (ii) _______ is (iv) _______ and ______.
(i) land possessor; (ii) duty; (iii) risk; (iv) open and obvious
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) ________ ________.
(i) invitee; (ii) premise; (iii) permission; (iv) business dealings; (v) premises; (v) publicly open
63
An (i) _________ must remain within the (ii) ________'s time and space limitations, or else become a (iii) _______ or a (iv) _________.
(i) invitee; (ii) invitations; (iii) licensee; (iv) trespasser
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.
(i) land possessor; (ii) remedy or warn; (iii) inviteee; (iv) unreasonably dangerous; (v) artificial; (vi) land possessor knows; (vii) reasonable inspection.
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.
(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
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) __________.
(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.
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) _______ _________.
(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.
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) ______ ___.
(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.
69
With exceptions, a person generally has no (i) ___ to protect another from (ii) ______ ______.
(i) duty; (ii) third parties.
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.
(i) reasonable care; (ii) voluntarily undertakes; (iii) knows or should know; (iv) unreasonable risk; (v) harm
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.
(i) custody; (ii) control; (iii) reasonable care; (iv) harming; (v) harming
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)
(i) therapist; (ii) patient; (iii) danger of violence; (iv) therapist; (v) reasonable care
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) _____.
(i) doctor; (ii) patient; (iii) unreasonable risk of harm; (iv) physical limitation; (v) disease; (vi) patient; (vii) reasonable steps; (viii) risk.
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.
(i) police; (ii) voluntarily: (iii) affirmative act; (iv) reasonably induces; (v) reliance
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) _______.
(i) general practitioner; (ii) ordinarily careful; (iii) skillful; (iv) prudent; (v) locality, (vi) localities; (vii) circumstances (including locality)
76
A (i) ______ _______ must behave like a (ii) _______ ______, (iii) ________, (iv) ________, and (v) ______ (vi) ________ in the same (vii) ________ under the same (viii) __________.
(i) medical specialist; (ii) reasonably carefully; (iii) skillful, (iv) knowledgeable, (v) prudent (vi) specialist; (vii) discipline; (viii) circumstances
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.
(i) physician; (ii) rescuer; (iii) recklessness; (iv) medical emergency; (v) pre-existing
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) _______.
(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.
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) ___ ___.
(i) standard of care; (ii) mandatory, specific; (iii) penal; (iv) protect; (v) class of individuals; (vi) victim; (vii) accident; (viii) per se
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) ________.
(i) per se; (ii) dangerous; (iii) unable to comply; (iv) reasonable efforts; (v) reasonably ignorant; (vi) confronted; (vii) emergency; (viii) fault.
81
An actor (i) ________ a (ii) _______ by not following the (iii) ________ of ______
(i) breaches; (ii) duty; (iii) standard of care.
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.
(i) alternative, reasonable; (ii) prevented or mitigated; (iii) injury; (iv) likelihood and magnitude; (v) harm; (vi) social utility; (vii) alternative's burden
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) ___ _____ _______.
(i) prima facie; (ii) accident; (iii) ordinary; (iv) negligence, (v) injurious instrumentality; (vi) other factors; (viii) res ipsa loquitur
84
(i) _______ _________ requires that the breach must (ii) ________ cause the harm.
(i) actual causation; (ii) actually
85
The (i) ___-____ test of an (ii) ______ ________ says that the harm would not have transpired without it.
(i) but-for; (ii) actual cause
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.
(i) common-causes; (ii) but-for; (iii) actual cause; (iv) no one force alone
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.
(i) substantial-factor; (ii) actual cause; (iii) multiple factors; (iv) combined simultaneously; (v) could have; (vi) force; (vii) impossible; (viii) substantial-factor
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 _______.
(i) alternative-causes; (ii) negligent actors; (iii) impossible; (iv) not cause the harm; (v) liable.
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) _________.
(i) liable; (ii) general type; (iii) reasonably foreseeable risk; (iv) proximate causation; (v) full extent; (vi) exacerbated; (viii) vulnerability
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)
(i) intervening force; (ii) harm; (iii) proximate cause; (iv) foreseeable; (v) intervening forces; (vi) natural responses; (vii) negligence.
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) _________.
(i) unforeseeable intervening force; (ii) superseding cause; (iii) crimes; (iv) intentional torts; (v) unforeseeable; (vi) liable; (vii) unforeseeable.
92
An actor is (i) ___ ______ for a harm by an (ii) _____ ______ arising after the (iii) ___________ _______ of harm from the breach has (iv) ________.
(i) not liable; (ii) intervening force; (iii) foreseeable risk; (iv) abated.
93
_____ is loss or detriment.
Harm.
94
(i) ______ _________ and (ii) _______ ________ are always recoverable in tort.
(i) personal injury; (ii) property damage
95
(i) ________ harm is recoverable if (ii) ________ to (iii) _____ harm or (iv) _______ or __________ (v) _______ of _________ _________.
(i) emotional; (ii) traceable; (iii); (iv) intentional or negligence; (v) inflection of emotional distress.
96
(i) __________ _________ of _______ _______ allows recovery for (ii) ___________ harm *not* (iii) _________ to any physical harm.
(i) negligent infliction of emotional distress; (ii) emotional; (iii) traceable
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.
(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.
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.
(i) impact rule; (ii) near miss; (iii) negligent infliction of emotional distress; (iv) physical
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.
(i) zone-of-danger; (ii) near miss; (iii) negligent infliction of emotional distress; (iv) foreseeable risk; (v) imminent; (vi) actually; (vii) symptoms.
100
A (i) __________ may recover for (ii) ______ ________ of _____ _____ if she suffer from (iii) _____ ______ by watching the actor (iv) ________ injure another party.
(i) bystander; (ii) negligent infliction of emotional distress; (ii) emotional distress; (iv) negligently
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 _____
(i) bystander; (ii) negligent infliction of emotional distress; (iii) bystander; (iv) closely related; (v) blood or marriage
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)
(i) bystander; (ii) negligent infliction of emotional distress; (iii) bystander; (iv) present; (v) perceive
103
Defenses to negligence include (i) ________ negligence, (ii) _________ _______, and (iii) ______ of _______
(i) contributory; (ii) comparative fault; (iii) assumption of risk
104
In (i) _________ _______ jurisdictions, the defendant is (ii) _________ _______ if the plaintiff's negligence (iii) ________ and _________ caused the injury.
(i) contributory negligence; (ii) completely absolved; (iii) actually and proximately.
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) ________.
(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.
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 _______.
(i) rescue; (ii) contributory negligence; (iii) plaintiff; (iv) rescue; (v) defendant's negligence
107
In most jurisdictions, the (i) ______'s _______ will reduce recovery. This is the idea of (ii) _________ ________.
(i) plaintiff's negligence; (ii) comparative fault
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.
(i) pure comparative fault; (ii) fact finder; (iii) percentage; (iv) recovery; (v) percentage
109
(i) _______ ________ _______ is the same as (ii) ______ ________ ________, except that the plaintiff cannot recover if his percentage of faults equal or exceeds (iii) ___ _______.
(i) modified comparative fault; (ii) pure comparative fault; (iii) 50 percent
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.
(i) negligent or reckless; (ii) liable; (iii) unreasonable risk; (iv) negligence or recklessness; (v) voluntarily.
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.
(i) express; (ii) assumes; (iii) contractual agreement; (iv) affirmative manifestation.
112
In (i) _____ assumption of risk, the victim (ii) ________, ________ participates in (iii) _________ _______ activities, or (iv) _________ proceeds despite danger created by the (v) ________'s ___________.
(i) implied; (ii) knowingly, voluntarily; (iii) inherently risky; (iv) knowingly; (v) defendant's negligence
113
A plaintiff may recover damages from a (i) ________ defendant
(i) liable
114
Liability must be (i) _________ among the parties
(i) apportioned
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.
(i) independently; (ii) injury; (iii) causal apportionment; (iv) impossible; (v) injury; (vi) fact finder
116
If multiple tortfeasors (i) __________ acted in (ii) _______, each is (iii) ________ and _______ liable for 100% of the harm attribute to the tortfeasor's misconduct.
(i) knowingly; (ii) concert; (iii) jointly and severally
117
If responsibility is allocated on (i) ______, recovery depends whether the jurisdiction imposes (ii) _____ or (iii) _______ and _______ liability.
(i) fault; (ii) several; (iii) joint and several
118
(i) ______ liability is the idea that for a given (ii) _______, the plaintiff may recover only that (iii) __________'s share of the award.
(i) several; (ii) tortfeasor; (iii) tortfeasor's
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.
(i) joint and several; (ii) tortfeasor; (iii) share; (iv) excess.
120
(i) _______ and ____ liability holds that the plaintiff may (ii) ______ the total award from one, some, or all (iii) _________, regardless of (iv) ________.
(i) joint and several; (ii) recover; (iii) tortfeasors; (iv) allocation.
121
The (i) ____-_______ rule holds that the plaintiff may recover up to (ii) _____ percent of the award.
(i) one-satisfaction; (ii) 100
122
One party may be (i) _______ liable due to a (ii) _______ _______ with the primary tortfeasor
(i) vicariously; (ii) special relationship
123
A plaintiff may recover from the (i) _________ ________ party to the same extent and on the same terms as the primary tortfeasor.
(i) vicariously liable.
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 ________.
(i) Respondeat Superior; (ii) employer; (iii) master-servant; (iv) committed; (v) scope; (vi) employment
125
A (i) _______-______ relationship generally means the employer has the power to control both the (ii) ___ _____ and the (iii) _______ and ______ of performing the work.
(i) master-servant; (ii) end results; (iii) manner and means
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 ________.
(i) employee's; (ii) scope of employment; (iii) substantially; (iv) authorized time and space limitations; (v) motivated; (vi) serve the employer.
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.
(i) employee's; (ii) scope of employment; (iii) liable; (iv) commute
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.
(i) employee's; (ii) scope of employment; (iii) frolic; (iv) scope of employment; (v) frolic; (vi) significantly; (vii) without substantial motivation
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.
(i) employee's; (ii) scope of employment; (iii) detour; (iv) scope of employment; (v) detour; (vi) deviation; (vii) substantially motivated.
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 _______ _______.
(i) strict liability; (ii) abnormally; (iii) inherent, high risk; (iv) anyone's; (v) reasonable care; (vi) unusual; (vii) community; (viii) injury; (ix) dangerous aspect.
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.
(i) farm animals; (ii) strictly liable; (iii) natural, probable; (iv) farm animal's
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.
(i) species; (ii) strictly liable; (iii) injury; (iv) discrete animal; (v) dangerous propensity; (vi) propensity
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.
(i) strictly liable; (ii) dangerous species; (iii) wild characteristics
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.
(i) strict liability; (ii) knowingly and unreasonably; (iii) voluntarily; (iv) contact or proximity; (v) secure a benefit; (vi) willfully
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.
(i) products-liability; (ii) product defect; (iii) liable
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 ________.
(i) manufacturing; (ii) defect; (iii) unreasonably dangerous; (iv) intended design; (v) unreasonably dangerous; (vi) reasonable consumer; (vii) used or mis-used.
137
A product (i) _____ _______ exists if the product is (ii) _____ ________, though it did not depart from its (iii) _____ ________.
(i) design defect; (ii) unreasonably danger; (iii) intended design
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 _______.
(i) product; (ii) consumer-expectation; (iii) unreasonably dangerous; (iv) reasonable consumer; (v) used or mis-used
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.
(i) product; (ii) risk-utility; (iii) unreasonably dangerous; (iv) risk; (v) utility; (vi) reasonable alternative; (vii) safer; (viii) substantially decreasing; (ix) technically; (x) economically
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.
(i) informational; (ii) defect; (iii) unreadable dangerous; (iv) warning; (v) existence, nature, and scope; (vi) avoid; (vii) headed the warning; (viii) headed; (ix) reasonable
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.
(i) liability; (ii) culpability; (iii) strict product liability; (iv) commerce; (v) defective; (vi) condition; (vii) significantly change
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.
(i) defect; (ii) intervening change; (iii) inferred; (iv) typically; (v) defect; (vi) solely
143
Every (i) _____ ________ in the chain of (ii) ______ can be (iii) _______ liable.
(i) commercial supplier; (ii) distribution; (iii) strictly
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.
(i) manufacture; (ii) negligence; (iii) reasonable care; (iv) manufacturing; (v) testing; (vi) manufacturing defect; (vii) manufacturer's
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) ___ ____ _______.
(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.
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) ______ ______.
(i) manufacture; (ii) negligence; (iii) design or information; (iv) marketplace; (v) reasonable care; (vi) reasonable warnings
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)
(i) intermediate seller; (ii) defective; (iii) reasonably inspect; (iv) reasonable steps
148
A (i) ___________ tort involves (ii) ____________ harm or (iii) ________ invasion.
(i) dignitary; (ii) reputation; (iii) privacy
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) __________.
(i) defamation; (ii) publication; (iii) defamatory; (iv) harms; (v) reputation
150
For (i) _________ (ii) ___________, the actor must (iii) ______ or _________ use the statement to be communicated to a third party who perceives and comprehends it,
(i) defamation; (ii) publication; (iii) negligently or intentionally
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
(i) repeats; (ii) liable; (iii) attributes; (iv) publisher; (v) liable; (vi) republication; (vii) secondary publisher
152
A plaintiff must prove the (i) ____ of the statement as part of his defamation claim.
(i) falsity
153
A (i) _____ ________ tends to harm the victim's reputation, at least in a (ii) __________ _______ of the community or with (iii) ________ or ___________ associates
(i) defamatory statement; (ii) substantial minority; (iii) social or professional
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 _____.
(i) objective; (ii) true or false
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) ____ ______.
(i) recipient; (ii) reasonably determine; (iii) group; (iv) each member
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.
(i) reputation; (ii) reputation; (iii) libel; (iv) slander per se; (v) economic consequences
157
A defamatory statement is (i) ____ if the communication (mass communication) is (ii) ________ in (iii) ______ form (e.g., print)
(i) libel: (ii) embodied; (iii) visible
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.
(i) sander per say; (ii) spoken words; (iii) crime; (iv) loathsome disease; (v) trade, business, or office; (vi) sexual misconduct
159
Under the (i) ______ amendment, to recover for (ii) _______, a public figure must prove the traditional (iii) ________ elements, (iv) ____________, and (v) _____ _____.
(i) first; (ii) defamation; (iii) defamation; (iv) falsity; (v) actual malice
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.
(i) public figure; (ii) public official; (iii) pervasive, general notoriety; (iv) notoriety
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.
(i) actual malice; (ii) false; (iii) publishes; (iv) reckless disregard; (v) deliberately avoids
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.
(i) matter of public concern; (ii) falsity; (iii) negligence
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) ______.
(i) public figure; (ii) public concern; (iii) actual malice; (iv) damages
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).
(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
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)
(i) qualified privilege; (ii) abuse
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.
(i) qualified privilege; (ii) fair reporting; (iii) fair, accurate; (iv) complete recording; (v) official action; (vi) public meeting; (vii) public concern
167
The (i) ______ ________ of (ii) ________ in the (iii) ____ _________ defends against defamation claims where the stamens is made to (iv) ____ ______ about matters implicating their duties.
(i) qualified privilege; (ii) statements in the (ii) public interest; (iv) public official.
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.
(i) qualified privilege; (ii) fair comment; (iii) opinion or criticism; (iv) public; (v) known; (vi) true
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.
(i) qualified privilege; (ii) other's interest; (iii) sufficiently important; (iv) reasonably; (v) comports
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.
(i) qualified privilege; (ii) common-interest; (iii) common business; (iv) professional
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.
(i) qualified privilege; (ii) self-vindication; (iii) sufficiently important; (iv) reasonably believes
172
The (i) _______ ___________ against defamation absolve liability for defamation or false light even if the privilege is abused.
(i) absolute privilege
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) ________.
(i) legislators; (ii) legislative; (iii) executive-branch; (iv) reasonably relates; (v) attorney; (vi) reasonably relates; (vii) spouses; (viii) transmit; (ix) censorship
