Vocab

Question 1

tort

Answer 1

wrongful act/rights infringement leading to civil legal liability

Question 2

restatement of the law of torts, second

Answer 2

Treatise issued by ALI, summarizes general principles of common law US tort law

Question 3

assault

Answer 3

physical attack

Question 4

battery

Answer 4

tort of intentionally, voluntarily bringing about an unconsented harmful, offensive contact with a person or personal property

Question 5

false imprisonment

Answer 5

imprisonment with no legal authority

Question 6

defamation

Answer 6

the act of damaging a good reputation

Question 7

invasion of privacy (4 aspects)

Answer 7

intrusion of solitude, public disclosure of private facts, appropriation of name or likeness, false light (falsely portraying something in a negative way)

Question 8

negligence per se

Answer 8

when an act is considered negligent because it violates a statute or regulation

Question 9

res ispa loquitur

Answer 9

the principal that the occurrence of an accident implies negligence

Question 10

actual cause

Answer 10

a cause or factor without which the event couldn’t have occurred

Question 11

proximate cause

Answer 11

an event related to an injury, sufficiently related to the injury so as to be a cause of it

Question 12

contributory negligence

Answer 12

failure of an injured plaintiff to act in a way so as to avoid injury, considering their capabilities, in a dangerous situation

Question 13

comparative negligence

Answer 13

an analysis of the degree to which the plaintiff’s own actions caused an injury to occur from a given situation; can be used to reduce the amount recovered from the defendant

Question 14

assumption of the risk

Answer 14

A defense in the law of torts, which reduces the plaintiff’s rights to recovery against a negligent tortfeaser if it can be established that the defendant acted with preemptive knowledge of the risk at hand

Question 15

exculpatory clause

Answer 15

A contract provision that prevents one party from being sued if the other party acquires an injury during execution of the contract

Question 16

strict liability

Answer 16

Liability that does not depend on actual negligence or intent to harm

Question 17

products liability

Answer 17

Area of the law where manufacturer’s are held liable for the injuries their products produce

Question 18

product misuse

Answer 18

A defense asserted in many product liability cases that conjectures intentional misuse of the product by the plaintiff in a way that produced a clearly anticipated injury

Question 19

respondeat superior

Answer 19

Holds an employer responsible for the wrongful acts of an employee or agency, if they occur within the scope of the employer/agency’s advisements to that employee’s actions

Question 20

Tortfeaser

Answer 20

The committer of the tort in a civil case