Torts
A tort is considered an offense against_______?
People or individual
Private or civil wrong for which the law grants a remedy.
Tort
Ashley has a pet boa constrictor named Paul. She keeps in an expensive escape-proof cage. Regardless the boa escaped and killed the neighbor's prized song bird, which was valued at more than $5,000. Who is liable?
Ashley
Final result of a trial
Judgement
Legal obligation to do or not to do something (element of tort)
Duty
The tort of depriving a person of freedom of movement without the person's consent and without privilege. (If they consent to be detained by another it is not a tort)
FALSE IMPRISONMENT
False statement that injures a person's reputation
Defamation
Betty was at a basketball game seated by a famous movie star. When Betty stood up to cheer, she was bumped, and fell into the lap of the movie star. He sued her for tort of assault. Who prevails? (Wins)
Betty
Person who gives testimony
Witness
The tort of _____________occurs when one person intentionally threatens to physically or offensively injure another. (The fear to hurt someone)
ASSAULT
Intentionally made threat to physically or offensively injure another
Assault
Failure to take proper care in doing something. (Being careless and causing injury)
Negligence
Angie borrowed John's truck to move some furniture. John game Angie permission on the condition that she only use it for that purpose and have it back to him that evening. After she finished moving, she and some friends used it to tow a boat to the lake. When Angie returned the truck the next day, Jonsh said he was suing her for which tort?
Conversion
In a civil case, the judge renders a judgement after hearing the jury's _________?
Verdict
When the defendant can be held liable if he or she merely engages in a particulary activity that resulted in an injury (regardless of whether he/she was negligent) such as owning a dangerous animal is known as what?________
Strict liability
An unwelcome and unlawful intrusion into one's personal life so as to cause outrage, mental sufferings, or humiliation is the tort of________
Invasion of privacy
What can be issed to prevent a tort?_____
Injunction
On a windy autumn day. Mason was burning dry leaves in his backyard. When he went inside to answer a telephone call, flames from the fire leaped to the next-door neighbor’s fence and then to a tool shed where a small can of gasoline exploded. Soon the neighbor’s house was ablaze, and it burned to the ground..Who is responsible for this tort? What will the judgement be? (what will it cost him/her)
Mason - He neighbor can obtain a judgement against Mason for the value of the lost from the fire.
Statements made by witnesses under oath.
Testimony
When one person may be liable for the actionable conduct of another based on the relationship between the two such as a corporation or parent is is defined as what?_____________
Vicarious liability
Spoken defamation is________?
Slander
What are the 2 types of defamation?_______
Slander and Libel
KC was a railroad engineer on a passenger train. He routinely sent text messages to member of a railroad hobby group while the train was in motion and invited guest into the driver's cab to let them run the train for short moments. His managers knew of his behavior, but did nothing to prevent it. One day while sending a text, he missed a red signal and crashed his train, resulting in 11 deaths. Who is liable and can be sued for the deaths? What can happen to the party(s)
KC and it's management (the company)
KC committed the crime of manslaughter (11 counts)
KC committed a tort by his negligence
The management can be held to be vicariously liable
Both KC and Railroad can be sued for damages
Written court order compelling a person to appear in court and to testify.
Subpoena
Type of damages meant to place the injured party in the position he or she was in prior to the injury or loss.
COMPENSATORY DAMAGES