Flashcards
Personal Research Lecture - Comprehensive Review of Torts Concepts, Doctrines and Applications.
Flashcards do conjunto (77)
- 1Which sections of the Restatement (Second) of Torts govern false imprisonment?Restatement (Second) of Torts §§ 35–45A.
- 2Which Restatement sections cover proximate cause and legal limitations on liability?Restatement (Second) of Torts §§ 435 and 442–453.
- 3Which sections of the Restatement (Second) of Torts govern assault?Restatement (Second) of Torts §§ 21–34.
- 4Which Restatement section governs the doctrine of Attractive Nuisance?Restatement (Second) of Torts § 339.
- 5What is the primary subject matter governed by Restatement (Second) of Torts § 339?The Attractive Nuisance doctrine, establishing possessor liability for injuries to trespassing children.
- 6What test determines whether an injury is too remote to satisfy proximate cause?The Foreseeability Test: whether the injury was a reasonably foreseeable result of the defendant's conduct.
- 7If a surgical instrument is discovered inside a patient post-surgery, what doctrine allows a factfinder to infer negligence without direct testimony of the surgeon's misstep?Res ipsa loquitur
- 8What primary element distinguishes Battery from Assault?Battery requires actual harmful or offensive contact, whereas assault requires reasonable apprehension of imminent contact without requiring actual physical contact.
- 9Which Restatement section provides the core legal definition of intent?Restatement (Second) of Torts § 8A.
- 10What impact does fraud have on consent as a defense to intentional torts?Fraud invalidates consent, rendering it legally ineffective.
- 11Which section of the Restatement (Second) of Torts governs res ipsa loquitur?Restatement (Second) of Torts § 328D.
- 12Under what four conditions is consent rendered legally ineffective?When obtained through:
1. Fraud
2. Duress
3. Coercion
4. Incapacity - 13Which sections of the Restatement (Second) of Torts govern superseding causes?Restatement (Second) of Torts §§ 440–453.
- 14In addition to intentional conduct, what other mental state satisfies the second element of IIED?Recklessness.
- 15What are the five essential elements a plaintiff must prove to establish a prima facie case of negligence?1. Duty
2. Breach of Duty
3. Cause in Fact
4. Proximate Cause
5. Damages - 16Under Restatement (Second) of Torts §§ 463–496G, what legal defenses address a plaintiff's own failure to exercise reasonable care for their own safety?Contributory Negligence, Comparative Fault, and Assumption of Risk.
- 17Under Restatement (Second) of Torts § 120A, shopkeepers are privileged to detain suspected shoplifters only if the duration, manner, and basis of detention are _____.Reasonable
- 18Under Restatement (Second) of Torts § 283, what standard evaluates standard conduct?The reasonable person standard (how an ordinarily prudent person would behave under similar circumstances).
- 19Why does full compliance with a statute not automatically shield a defendant from negligence liability?Statutes set baseline legal minimums; reasonable care under specific circumstances may require precautions beyond statutory mandates.
- 20Under Restatement (Second) of Torts § 283C, how are physical disabilities factored into the reasonable person standard?The defendant's physical disabilities are taken into account, evaluating conduct against a reasonable person with that same physical disability.
- 21What evidentiary problem does the doctrine of res ipsa loquitur resolve for a plaintiff?It permits the factfinder to infer negligence when direct evidence of negligent conduct is unavailable.
- 22Why do ordinary insults, bad manners, and simple annoyances fail to establish IIED liability?They do not meet the legal standard of extreme and outrageous conduct.
- 23Unlike intentional torts, what mental state is NOT required to establish liability for negligence?A desire or intent to cause harm.
- 24What specific personal interests are protected by the intentional tort of battery?An individual's interest in bodily integrity and personal dignity.
- 25Which sections of the Restatement (Second) of Torts govern negligence per se?Restatement (Second) of Torts §§ 286–288C.
- 26How does consent operate as a defense to intentional torts under Restatement (Second) of Torts §§ 892–892D?A person who voluntarily agrees to conduct generally cannot recover damages for resulting harms.
- 27The Latin legal term meaning "the thing speaks for itself" is _____.Res ipsa loquitur
- 28Why does negligence law utilize an objective reasonable person standard rather than a subjective standard?To avoid subjective inquiries into what a specific defendant believed or intended, establishing a uniform benchmark that ensures predictability and fairness.
- 29What four elements are required to establish a claim for false imprisonment?1. Intentional confinement
2. Complete confinement
3. No reasonable means of escape
4. Awareness of confinement or resulting injury - 30What dual social functions does tort law perform in balancing individual freedom and social responsibility?Corrective functions (providing remedies and compensating injured parties) and preventative functions (deterring harmful conduct and promoting responsible behavior).
- 31What key principle regarding liability does the decision in *Palsgraf* demonstrate?Negligence in the abstract does not create liability; there must be a legally recognized relationship/duty between the defendant's conduct and the specific plaintiff.
- 32What renders a potential route of exit unviable, satisfying the "no reasonable means of escape" element in false imprisonment?An exit is not reasonable if it exposes the plaintiff to unreasonable risk of physical harm, danger, exposure, or humiliation.
- 33Under the foreseeability doctrine of proximate cause, for what consequences is a negligent defendant liable?Only reasonably foreseeable consequences of their conduct.
- 34What is the Extended Personality Doctrine in battery law?The legal principle holding that contact with items closely associated with a person (e.g., clothing, purse, cane) constitutes contact with the person.
- 35If a defendant forcibly snatches a handbag held in a victim's hand without touching the victim's skin, why can battery still be established?Under the Extended Personality Doctrine, contact with an object closely attached to or associated with a person constitutes contact with the person.
- 36In *Palsgraf v. Long Island Railroad Co.*, what legal rule did Judge Cardozo establish regarding scope of duty?Duty extends only to individuals within the reasonably foreseeable zone of danger.
- 37What primary function does proximate cause serve in negligence analysis?It acts as a legal limitation that restricts liability to harms bearing a sufficiently close connection to the defendant's conduct.
- 38What standard of conduct defines negligence liability?Failure to act with the level of care that a reasonably prudent person would exercise under similar circumstances.
- 39What three requirements must be met to invoke negligence per se?1. The defendant violated a statute.
2. The statute was designed to prevent the type of harm suffered.
3. The plaintiff belongs to the class of persons intended to be protected. - 40Why is defendant's control over the instrumentality a required element of res ipsa loquitur?It identifies the defendant as the specific party responsible for the negligence inferred from the accident.
- 41What privilege is granted to merchants under Restatement (Second) of Torts § 120A?The Shopkeeper's Privilege: merchants may temporarily detain suspected shoplifters when the detention is reasonable in duration, manner, and basis.
- 42Which sections of the Restatement (Second) of Torts establish the general definition and elements of negligence?Restatement (Second) of Torts §§ 281–282 and § 283.
- 43How do Cause in Fact and Proximate Cause differ in negligence analysis?Cause in fact determines whether the defendant's act physically brought about the harm ("but-for" causation), while proximate cause determines whether liability should be limited as a matter of policy and foreseeability.
- 44What personal interest does the intentional tort of assault protect?An individual's interest in freedom from apprehension of imminent harmful or offensive contact.
- 45How does Restatement (Second) of Torts § 299A modify the standard of care for professionals?Professionals are held to the standard of care of reasonably competent members of their profession, rather than an average layperson.
- 46What primary test determines cause in fact in standard negligence cases?The "But For" test: Would the injury have occurred but for the defendant's conduct?
- 47If no physical injury results, what must a plaintiff prove regarding awareness in a false imprisonment claim?The plaintiff must have been conscious or aware of the confinement at the time it occurred.
- 48In negligence law, what fundamental inquiry defines cause in fact?Whether the defendant's conduct actually produced the plaintiff's injury.
- 49Which sections of the Restatement (Second) of Torts address intervening causes?Restatement (Second) of Torts §§ 440–447.
- 50How does the reasonable person standard applied to a professional under § 299A differ from that applied to a layperson?A professional is evaluated against the heightened standard of reasonably competent peers in their specialized profession rather than an average reasonable layperson.
- 51What are the three essential elements of assault?1. Intent
2. Reasonable apprehension
3. Imminent harmful or offensive contact - 52Which Restatement sections govern Contributory Negligence, Comparative Fault, and Assumption of Risk?Restatement (Second) of Torts §§ 463–496G.
- 53Which sections of the Restatement (Second) of Torts govern battery?Restatement (Second) of Torts §§ 13–18.
- 54How do duties in tort law fundamentally differ from duties in contract law?Tort duties exist independently of consent or agreement, whereas contract duties arise from voluntary agreements between parties.
- 55How does tort law allocate loss when wrongful conduct causes injury?By shifting the financial burden of loss from the victim to the party responsible for the unreasonable or intentional wrongful conduct.
- 56Which section of the Restatement (Second) of Torts governs Trespass to Land?Restatement (Second) of Torts § 158.
- 57What three recognized judicial exceptions excuse a statutory violation in a negligence per se analysis?1. Compliance was impossible.
2. An emergency existed.
3. Compliance would have created greater danger. - 58What are the three essential elements of battery?1. Intent
2. Harmful or offensive contact
3. Causation - 59How does a superseding cause differ from a general intervening cause?A superseding cause is an unforeseeable, extraordinary intervening event that breaks the causal chain and relieves the defendant of liability.
- 60Which sections of the Restatement (Second) of Torts govern cause in fact?Restatement (Second) of Torts §§ 431–433.
- 61Which Restatement section governs Intentional Infliction of Emotional Distress (IIED)?Restatement (Second) of Torts § 46.
- 62Why do mere insults or threats of future harm generally fail to establish assault?They lack the required element of imminent contact.
- 63Under what condition does an intervening cause become a superseding cause?When the intervening cause is sufficiently extraordinary and unforeseeable that it breaks the causal chain.
- 64Under the doctrine of negligence per se, what legal effect does a statutory violation have on a negligence claim?It establishes breach of duty as a matter of law.
- 65The legal doctrine under which a statutory violation establishes breach of duty as a matter of law is called _____.Negligence per se
- 66What policy rationale underlies the doctrine of res ipsa loquitur?It prevents defendants from escaping liability merely because evidence explaining the accident remains within their exclusive control.
- 67What interest is protected by the tort of false imprisonment?Individual liberty, by prohibiting intentional confinement without lawful justification.
- 68If a driver operates a motor vehicle at night without required headlights in violation of a safety statute and causes a crash, what doctrine allows breach of duty to be established as a matter of law?Negligence per se
- 69What is an intervening cause in tort law?An event occurring after the defendant's negligence that contributes to the plaintiff's injury.
- 70What four elements are necessary to prove Intentional Infliction of Emotional Distress (IIED)?1. Extreme and outrageous conduct
2. Intent or recklessness
3. Severe emotional distress
4. Causation - 71In *Palsgraf v. Long Island Railroad Co.*, what concept defines the spatial or relational boundary within which a legal duty is owed?The reasonably foreseeable "zone of danger."
- 72What three foundational elements must be established to invoke res ipsa loquitur?1. The event ordinarily does not occur without negligence.
2. The instrumentality was under the defendant's control.
3. The plaintiff did not contribute to the injury. - 73What interest is protected by Intentional Infliction of Emotional Distress (IIED)?Psychological well-being from extreme and outrageous conduct.
- 74Under Restatement (Second) of Torts § 283A, how is the reasonable person standard modified for children?A child is judged according to the conduct of a reasonable child of similar age, intelligence, and experience.
- 75Which Restatement sections govern Trespass to Chattels and Conversion?Restatement (Second) of Torts §§ 217–222A.
- 76What degree of interference distinguishes Conversion from Trespass to Chattels under Restatement (Second) of Torts §§ 217–222A?Conversion involves major interference with or complete destruction of personal property requiring payment of full value, whereas Trespass to Chattels involves lesser interference.
- 77Is reasonable apprehension in an assault claim evaluated subjectively or objectively?Objectively: apprehension must be reasonable from the perspective of an ordinarily prudent person in the plaintiff's position.
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- Criado por Giovanna Minotta · 21 out 2026
- Copiado por Giovanna Minotta · 22 out 2026
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