What is a tort?
A kind of cake.
A civil wrong.
A type of law.
A sanction for unethical attorneys.
The injury involved in a tort can be a physical injury, emotional distress, or damage to one’s reputation or business. It can also be property damage.
Check all that relate to punitive damages.
Involve jail time.
Intended to punish the tortfeasor for the wrongdoing.
Are very minimal.
Also known as exemplary damages.
There are four different types of torts.
What is a cause of action?
The underlying causation of the accident.
A legally recognized right to relief or damages.
The type of injury suffered by the plaintiff.
The action that caused the injury.
Check all that apply to intentional torts.
Tort in which the party committing the tort intends to do the act, knowing it will cause an injury.
Did not exist at common law.
Common law examples include: assault, battery, false imprisonment, defamation, invasion of privacy, intentional infliction of emotional distress, misrepresentation, conversion, and trespass.
Statutory examples include: sexual harassment, civil rights violations, and a series of business torts.
Are never also considered crimes.
False imprisonment occurs when a plaintiff is convicted and jailed but later found to be innocent.
A false arrest is a type of false imprisonment in which the confinement or restraint is done by one claiming the authority to make a lawful arrest.
The shopkeeper’s privilege means that a business can make a reasonable detention and investigation if they have reasonable grounds to believe that someone has shoplifted.
Libel and slander are really two different names for the same tort.
Invasion of privacy is a type of tort.
Check all that apply to the Intentional infliction of emotional distress.
Intentional and outrageous conduct that causes mental suffering.
No damages are ever awarded for this.
Courts have always been reluctant to recognize this tort, primarily because of the possibility of abuse and false claims.
Requires outrageous conduct that is intentional or at least reckless.
Associated with the mental suffering resulting from intentional mishandling of dead bodies, outrageous and cruel collection tactics, and insurance company tactics in refusing to pay benefits that are due, and most recently, with harassment in the workplace because of sex, age, race, or sexual orientation.
Malicious prosecution can apply to both criminal and civil prosecutions.
What are some business torts? (Check all that apply)
Slander of title
intentional infliction of emotional distress
inducing a breach of contract
interference with prospective economic advantage
Trespass is a tort against personal property, whereas conversion is a tort against real property.
Intellectual property means the information is protected by the attorney-client privilege.
Improper interference in the intellectual property rights of another.
What is "annoying"?
What is "infringement"?
What is "stealing"?
What is "larceny"?
Is fraud a contract issue or a tort issue?
Fraud requires (Check all that apply):
that the misrepresentation be as to a matter of fact, not opinion
that the victim is angered by the fraud
that the victim is a minor
that the statement be knowingly false and be made with the intent to deceive.
that he person to whom the misrepresentation is made justifiably relies on the statement.
What are the two major defenses to intentional torts? (Check all that apply)
Negligence is: 1) the name given to a tort and 2) also used in its everyday meaning of “carelessness.”
Negligence consists of the following:
1. The tortfeasor was under a duty to use due care.
2. The tortfeasor breached that duty of due care.
3. The tortfeasor’s act was the actual cause of injuries or damages.
4. The tortfeasor’s act was the proximate cause of injuries or damages.
5. Damages were incurred.
The breach of the duty of due care is the negligent or careless act.
Res ipsa loquitur means:
There was no negligence.
Anyone would know there was negligence or a breach of duty from the fact that the incident occurred.
There is a duty to act.
The thing speaks for itself.
When does negligence per se apply?
When the plaintiff is pro se.
If the tortfeasor’s act is also a violation of a statute
If the plaintiff only suffered a financial injury.
If the plaintiff only suffered a physical injury.
Damages: (Check all that apply)
Do not have to be based upon anything-can be arbitrary.
are a required element of the tort of negligence.
serve to compensate the tortfeasor.
can compensate for emotional injury.
Proving them often involves reviewing medical records and reports.
Check all that apply to the term "premises liability":
the negligent or careless maintenance of one’s real property.
slip and fall accidents
A business invitee is someone invited onto the property for a business purpose. A licensee is generally a social guest, even though he or she might be invited. A trespasser is one who is not legally on the premises. The highest duty of due care is owed to the trespasser and the lowest duty of due care to the business invitee.
Lawyers can never face liability for professional negligence.
The term product liability is used to describe lawsuits based on defective products.
Loss of consortium is never the basis of a negligence action.
What are some defenses to negligence? (Check all that apply)
assumption of the risk
The activities that give rise to strict liability are (1) maintaining a dangerous animal, (2) engaging in an abnormally dangerous activity, and (3) manufacturing or distributing a defective product.
Dynamiting is an example of an abnormally dangerous activity in which people are sometimes injured, even when the person engaging in the activity is very careful. In imposing liability in these circumstances, the law shows that compensating injured persons is simply a cost of doing business.