Tort Question
What is nuisance?
Anything that interferes with the enjoyment of life or property.
What is a Tortfeasor?
The person who committed the tort.
What is a crime?
An act against the public good.
Who/what is the prosecution?
The government attorney who presents the case against the defendant.
What is motive’s influence in a criminal case?
None but to help sway a jury.
What is intentional infliction of emotional distress?
To recklessly cause emotional/mental suffering.
What is the difference between Intentional Tort and Unintentional Tort?
Intentional is when there is actual malice, and a knowledge of the consequences. Unintentional is when the tort is committed because of carelessness
What are the two elements of a crime and their definitions?
Criminal act (voluntary conduct) and the
required state of mind (insanity, intention).
What is treason?
The crime of betraying one's country, especially by attempting to kill the sovereign or overthrow the government.
What is the difference between a crime and a tort?
A crime is an act against not only a specific individual, but the general welfare as well. A tort is a private wrong by one person against another
What constitutes a breach of duty?
When a reasonable person would use a level of care that you did not.
What are the four things that you need to have a tort case?
Duty of care, breach of duty, proximate cause, actual harm.
What term means that a crime was committed with a deadly weapon?
Aggravated.
Describe the state criminal justice system.
It has its own police power and ability to make laws to protect health, safety, welfare, and moral.
What is the M'naghten Rule concerning the defence of insanity?
the defendant must prove to suffer from an illness so great that they did not know the nature or moral inappro[raties of the action at the time it was committed.
What is the difference between assault and battery?
Assault is when someone deliberately leads another to believe that they are going to cause them harm.
Battery is actual harm done.
What are your three rights under tort law?
To be free from bodily harm
Enjoy a good reputation
Conduct business without interferen
Prosecution or plaintiff?
Prosecution
Describe the federal criminal justice system
No police power, federal criminal law must involved interstate activity , must have jurisdiction to make a criminal law
What is the rule from the american law institute concerning the defence of insanity?
a person is not responsible for their action if they were ill enough to commit the crime without the necessary state of mind
What is the difference between libel and slander?
Libel is written defamation. Slander is spoken defamation
What are the four defenses against a tort claim?
Assumption of risk, contributory negligence, comparative negligence, strict liability.
What are the two classifications of crimes of crimes and their definitions?
Felony: major crime punishable by imprisonment or death
Misdemeanor:less serious crime with a less serious penalty
What are the four defences to a crime?
Self defence
Entrapment
Insanity
Defense of a family membe
What are the three ways one can be entrapped?
Duress: theaters, violence, constraints, any other reason to make someone commit something against their will
Extortion: obtaining something through force or threats.
Blackmail: the action of demanding money in return for not revealing