Term
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Definition
private or civil wrong
wrong against an individual |
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Term
| Name 4 elements of a tort |
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Definition
1. duty - a legal obligation to do or not do something
2. breach of duty - violation of the duty
3. injury - arecognized harm [can be reckless but without injury]
4. causation - proof that the breach caused the injury [proximate cause] |
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Term
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Definition
when the amount of causation is great enough for it to be recognized the law
exists when it is reasonably foreseeable that a breach of duty will result in an injury |
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Term
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Definition
| When one person is liable for the torts of another |
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Term
| What two groups are often held responsible for another torts? [vicarious liability] |
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Definition
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Term
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Definition
| Requires that the breach be intentiional [not just careless or negligent] |
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Term
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Definition
torts based on carelessness
[not intentional]
how would a reasonable person have acted under the circumstances |
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Term
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Definition
| if a plantiff [the person bringing the complaint] contributed to damages through a breach of duty |
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Term
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Definition
| both plantiff and defendant are at fault proportional to degree of negligence |
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Term
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Definition
| assume a risk that is posted...no damges to defendant |
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Term
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Definition
Encourages responsible behavior when engaging in dangerous activites
Defendant not negligent |
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Term
| Name two remedies available in a civil suit: |
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Definition
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Term
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Definition
| An award that places the injured party in the same financial position as if the injury had not occurred. |
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Term
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Definition
| Lawyers that handle a civil lawsuit for a percentage ofthe recovery |
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Term
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Definition
| the party that initiates the lawsuit by filing a complaint |
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Term
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Definition
| the party complained against in a criminal or civil proceeding |
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Term
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Definition
| the process by which a judgment for money is enforced |
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Term
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Definition
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Term
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Definition
final result of a civil trial [damages are awarded to the defendant
[unless there is an appeal] |
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Term
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Definition
A written order by the judge commanding a witness to appear and give testimoy.
Willful, unexpected failure to appear after receipt of such an order is contempt of court...punishable by a fine or being jailed without a trial. |
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Term
| Name five 'intentional' torts: |
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Definition
1. assault
2. battery
3. false imprisonment
4. defamation
5. slander
6. invasion of privacy
7. trespass to land
8. conversion
9. interference w/contracatual relations
10. fraud |
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Term
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Definition
To put someone in reasonaable fear of an offense or bodily harm
[words and/or gestures] |
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Term
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Definition
| harmful or offensive touching of another another |
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Term
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Definition
| intentional confinement of a person against the person's will and without lawful privilege |
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Term
| Name the two types of 'defamation' |
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Definition
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Term
| What three elements must be present for a statement to be 'defamatory'? |
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Definition
1. be false
2. communicated to a third person
3. bring the vitim into disrepute, contempt, or ridicule by others |
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Term
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Definition
| defamation that is spoken |
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Term
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Definition
| Defamation that is written or printed |
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Term
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Definition
| uninvited intrusion into an individual's personal relationships and activities |
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Term
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Definition
| entry onto the property of another without the owner's consent |
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Term
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Definition
| When a person's right to control their own possessions is violated when it is stolen, destroyed, or used in a manner inconsistent with the owner's rights |
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Term
| Is the innocent buyer of stolen goods a 'converter' [Yes | No] |
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Definition
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Term
| Interference with Contractual Relations |
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Definition
| When a third party encourages the breach of contract |
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Term
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Definition
| When there is an intentional misrepresentation of an existing important fact [lie...misrepresentation must be relied on and casue the victim to part with a legal right or something of value] [not just opinion] |
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Term
What is the most common type of tort: 1. Intentional
2. Negligence
3. Strict Liability |
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Definition
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