Torts & Crim. Law
An offense against the public at large and is therefore punishable by the government.
What is a crime?
A person knows and desires the consequences of his or her act.
What is intentional tort?
An accident or unintentional tort occurs when someone fails to exercise the care a reasonable person would in similar circumstances.
What is negligence?
An issue whether the tortfeasor could have reasonably foreseen harm to the injured party.
What is legal duty?
Specialized terms of art—phrases or words that carry specific meaning in legal analysis. They are frequently used in judicial opinions, casebooks, classroom discussions to demonstrate mastery of the subject
What are Legal Buzzwords?
A private wrong committed by one person against another.
What is a tort?
Threatening to strike or harm with a weapon or physical movement, resulting in fear.
What is assault?
Injuries from ultra-hazardous activities or selling dangerously defective goods make individuals or manufacturers liable.
What is strict liability?
The judge or jury decides if the accused has breached their duty using the reasonable person test to assess the standard of care.
What is breach of duty?
“So outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency.”
What is Extreme and outrageous conduct?
A wrongful damage to or interference with the property of another.
What is trespass?
The harmful or offensive touching of another without consent or privilege.
What is battery?
The failure to use the degree of care required under the circumstances.
What is breach of duty?
The plaintiff's recovery is reduced by their percentage of negligence in comparison to the other party.
What is comparative negligence?
Latin for “at first sight”: Threshold Standard to describe the minimum evidence required for a case to proceed.
What is Prima facie?
The wrongful act of injuring another's reputation by making false statements.
What is defamation?
Anything that interferes with the enjoyment of life or property.
What is nuisance?
The legal connection between unreasonable conduct and the resulting harm.
What is proximate cause?
Where the plaintiff has knowledge and appreciation of a danger and voluntarily chooses to encounter it
What is assumption of risk?
The physical act that causes harm or offense and can be clearly demonstrated by evidence.
What is Overt act?
When the police arrest someone without probable cause or the proper warrant.
What is False Imprisonment?
A legal doctrine in which a person knows their actions will almost certainly cause a particular result, even if that result is not their main objective.
What is Substantial certainty?
Behavior by the plaintiff that helps cause his or her injuries. objective.
What is contributory negligence?
An injury caused by an individual's participation in an ultra- hazardous activity; also, manufactures or suppliers are responsible for selling goods that are unreasonably dangerous.
What is strict liability?
This is the most crucial aspect of preparing for law school or bar exams. It plays a key role in your success and is vital for truly understanding legal concepts, honing analytical skills, and excelling on exams.
What is Practice?
(Practice makes permanent – and passing!)
Consistent practice