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Elements of a Tort
Intentional Torts
Negligence
Civil Procedure
Case Studies
100
A legal obligation to do or not to do something.
What is Duty
100
Intentional breach of the duty to refrain from harmful or offensive touching of another.
What is Battery
100
Requires that we act with care, prudence, and good judgment as to not cause injury.
What is Reasonable-person standard
100
A monetary award to the injured party to compensate for loss.
What are Damages
100
Spencer, a 22 year old LCCC student, thought Wills had swindled him. Spencer told Wills that he was going to "beat your face to a pulp."
What is Assault
200
A harm that is recognized by the law.
What is Injury
200
When a person is handcuffed; locked in a room, car, or jail; told in a threatening way to stay in one place; or otherwise deprived of freedom of movement.
What is False Imprisonment
200
This occurs when the plaintiff's own negligence was a partial cause of the injury.
What is Contributory negligence
200
Lawyers will often handle a civil base for a percentage of the recovery.
What is Contingency Fee
200
A large manufacturing company commits an intentional tort, the damages could run into the tens of millions.
What are Punitive damages
300
A violation of the duty
What is Breach
300
False statements about people that ruin their reputations.
What is Defamation
300
This applies when a plaintiff in a negligence action is partially at fault. The plaintiff's damages are reduced in proportion to their own negligence.
What is Comparative negligence
300
Damages awarded to place the injured party in the same financial position as if the tort never occurred.
What is Compensatory damages
300
Jones, the owner of a restaurant, and Jackson, the editor of the town newspaper, lived right next to each other. The two became enemies and Jackson printed a story in the newspaper about a drug problem in the town. He identified Jones as a "drug dealer".
What is Defamation
400
Proof that the breach caused the injury
What is Causation
400
The unwelcome and unlawful intrusion into one's private life so as to cause outrage, mental suffering, or humiliation.
What is Invasion of Privacy
400
The plaintiff is aware of the danger but decide to subject themselves to the risk.
What is Assumption of the risk
400
Consists of statements made by witnesses under oath.
What is Testimony
400
Hunt was taking riding lessons from Patterson. Patterson negligently lost control of the horse that Hunt was riding and, as a result, Hunt was thrown to the ground and injured.
What is Vicarious liability
500
When the amount of causation is great enough for it to be recognized by the law.
What is Proximate Cause
500
Entry onto the property of another without the owner's consent.
What is Trespass to land
500
The most common tort; intent is not required, only carelessness.
What is Negligence
500
A written order by the judge commanding a witness to appear in court to give testimony.
What is Subpoena
500
Mrs. Lamm went to a grocery store and placed a carton of carbonated soft-drinks in her shopping cart. One of the bottles exploded and the broken glass cut her leg.
What is Strict liability