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This legal standard asks whether an ordinary, prudent person in the same circumstances would have acted differently to avoid harm.
What is the reasonable person?
This intentional tort involves trespassing/tampering with someone’s personal property
What is trespass to chattels?
The three types of damages
What are (1) compensatory, (2) punitive, and (3) nominal damages?
These are the three main types of torts
What are (1) Intentional torts; (2) Negligence; and, (3) Strict Liability?
The four elements to Negligence
What is (1) Duty, (2) Breach, (3) Causation, and (4) Damages
Miranda swings her fist at Graham, but misses. Miranda might be liable for this type of tort.
What is assault?
This type of damage is awarded to compensate the plaintiff for medical bills, lost wages, or property damage.
What are compensatory damages?
This defense argues that the plaintiff voluntarily participated in a risky activity and should not be able to sue for injuries.
What is assumption of the risk?
When the plaintiff is also to blame for their injury
What is Contributory Negligence?
When someone’s outrageous conduct causes severe emotional distress to another, they may be liable for this tort.
What is intentional infliction of emotional distress?
The decision maker for awarding damages to the plaintiff in most civil cases
Unlike negligence or intentional torts, strict liability does not require proof of this.
What is intent or state of mind?
A doctor performing surgery on the wrong body part is an example of this kind of negligence.
What is medical malpractice?
When Bradley swings his arm at Sean AND makes contact with Sean's head
What is battery?
This type of damages is intended to punish the defendant and deter future bad behavior.
What are punitive damages?
Mark sets off fireworks near Thomas’s raccoon farm. The noise terrifies the raccoons, and they bite Thomas. Even though Mark didn’t mean to cause harm, the law automatically holds him responsible. This type of dangerous activity is what led to Mark being strictly liable.
What is setting off fireworks/TNT?
Elissa goes swimming in Isabella's pool with Isabella's permission. Isabella knows, but forgets to tell Elissa that she put electric eels in the water earlier that week. Though she did nothing, Isabella might be liable for negligence due to ....
What is an omission or failure to act?
Carolyn decided to lock Katherine in the janitor's closet after she believed Katherine stole Mr. Lee's awesome Lana Del Rey American Flag. In other words, this tort involves unlawful confinement without consent.
What is False Imprisonment?
Taylor Swift sued a Colorado DJ for battery and assault, asking for $1 in damages. This type of damages is awarded when the plaintiff suffered no significant loss but wants to prove a point.
What are nominal damages?
This former football star was found not guilty in his criminal trial for murder but was later found liable in a wrongful death lawsuit.
Bonus Points ($100): The two standards of proof that distinguish criminal law and civil law.
Who is OJ Simpson?
Bonus: What are "Beyond a Reasonable Doubt" and "Preponderance of the Evidence?"