Tort Law
Can a single action be both a tort and a crime.
What is YES.
Anything that interferes with the enjoyment of life or property.
What is a nuisance.
Injury that is caused by a person's mere carelessness.
What is negligence.
The easiest way people can defend themselves in a negligence suit.
What is eliminate one of the four elements.
Milton pointed a gun at Jane and said to her, "I hate you and I'm going to shoot you!" This an example of what tort.
What is assault.
Unlike a crime which is against the public at large; a tort is this: committed by one person against another.
What is a private wrong.
The person who committed the tort is known as this.
What is a tortfeasor.
The test that courts apply to determine proximate cause.
What is the foreseeability test.
Many states no longer follow this doctrine because it is unfair to plaintiffs who may have been only slightly negligent.
What is contributory negligence.
Ed entered a vacant house without the permission of the owner. The house was owned by Don. Ed was caught by Don who claimed he had the right to bring a lawsuit against Ed.
What is trespass.
Criminal law calls upon the government to punish the wrongdoer where as tort law will lead the wronged party to try and what.
What is recover money as compensation for loss or injury suffered.
The relationship between the torts of trespass and conversion.
What is: taking personal property = trespass
keeping/retaining it = conversion
The failure to use the degree of care required under the circumstances.
What is a breach of duty.
According to this doctrine, the people engaged in ultrahazardous activities will be held liable regardless of how careful they were and regardless of their intent.
What is strict liability.
James wanted to remove some tree stumps on his property. He was very careful in setting the explosive charges. Nevertheless, some of the debris from the explosion damaged Harry's car. Why will James have to reimburse Harry.
What is because of the doctrine of strict liability.
Difference between compensatory and punitive damages.
What is compensatory: amount injured person is granted for incurred injuries to restore them back to where they were; punitive: goes above & beyond- designed to punish the wrongdoer or to make an example.
The two categories of defamation and their differences.
What are slander: which is false statements made orally to a 3rd party & libel: which is false statements in written or printed form which injures another's reputation.
The three examples of actual harm.
What are physical injuries, property damage, and financial loss.
Baseball clubs have successfully used this defense when sued by spectators injured by baseballs hit into the stands.
What is assumption of risk.
Wendy discovered a car parked on the side of the road with keys left in it. Seeing no one around, she got in the car, started it up, and drove it away. She abandoned the car about two hours later when it ran out of gas. This is an example of what tort.
What is conversion.
Three of the four main rights all people are entitled to.
What are: the right to be free from bodily harm, the right to enjoy a good reputation, the right to conduct business without unwarranted interference, and the right to own property free from damage or tresspass.
Initiating a lawsuit without probable cause.
What is frivolous litigation.
The four elements of negligence.
What are legal duty, breach of duty, proximate cause, and actual harm.
Comparative negligence states:
What is the amount of the plaintiff's recovery is reduced by the percent of his or her negligence.
Peter negligently drove his speed boat into a group of swimmers. The swimmers, however, were in a place that they were not supposed to be. The jury found that Peter was negligent and assessed the damages at $50,000. However, it also found that the swimmers were 20% negligent. Under comparative negligence guidelines, this is the amount the swimmers will be able to recover.
What is 80% of $50,000; which is $40,000.