Criminal Law and Tort Law
Intentional Torts
Unintentional Torts
Negligence
Intentional Torts (2)
100
An offense against the public at large and is therefore punishable by the government.
What is a crime?
100
A person knows and desires the consequences of his or her act.
What is intentional tort?
100
An accidental or unintentional tort, and the failure to exercise the degree of care that a reasonable person would have exercised in the same situation.
What is neglegence?
100
A determination that legal duty exists between parties must be made to establish liability through negligence. This is solely a question of whether the tortfeasor should have reasonably foreseen a risk of harm to the injured party.
What is legal duty?
100
Person who committed the tort, meant to commit harm.
What is tortfeasor?
200
A private wrong committed by one person against another.
What is a tort?
200
Threatening to strike or harm with a weapon or physical movement, resulting in fear.
What is assault?
200
An injury caused by an individual's participation in an ultra-hazardous activity; also, manufactures or supppliers are responsible for selling goods that are unreasonably dangerous.
What is strict liability?
200
The judge or the jury must determine whether the person accused of negligence has breached the duty owed to the victim. To determine if the alleged tortfeasor has met the appropriate standard of care, the court uses the reasonable person test.
What is breach of duty?
200
A wrongful damage to or interference with the property of another.
What is trespass?
300
True
A single action can be be both a tort and a crime?
300
Unlawful, unprivileged touching of another person.
What is battery?
300
The failure to use the degree of care required under the circumstances.
What is breach of duty?
300
The process by which the negligence of each party is compared and the amount of the plaintiff's recovery is reduced by the percent of his or her negligence.
What is comparative negligence?
300
Anything that interferes with the enjoyment of life or property.
What is nuisance?
400
Tortus
What is the latin word for tort?
400
False statement of deceptive practice done with intent to injure another.
What is deceit?
400
The legal connection between unreasonable conduct and the resulting harm.
What is proximate cause?
400
Defense in which the defendant shows that the plaintiff knew of the risk involved in an actively and still took the chance of being injured.
What is assumption of risk?
400
When the police arrest someone without probable cause or the proper warrant.
What is false imprisonment?
500
True
When people commit a crime, they harm not only specific individuals but also the general welfare.
500
Bringing of legal action with malice and without probable cause.
What is misuse of legal procedures?
500
Behavior by the plaintiff that helps cause his or her injuries.
What is contributory negligence?
500
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?
500
The wrongful act of injuring another's reputation by making false statements.
What is defamation?