Intentional Torts
Intentionally causing another fear or apprehension of a harmful or offensive contact is the tort of
Assault
Voluntary intoxication is a defense to this many torts
None
These are the 4 elements of a negligence claim
Duty
Breach
Causation
Damages
These are the types of damages that compensate Plaintiff's for harms with fixed numerical values
Special Damages or Economic Damages
You may only propound 35 of these, without a declaration for additional discovery
Special Interrogatories
The burden of proof in a Tort case is
Preponderance of the Evidence (more likely true than not true)
Children under this age are not considered to be responsible for their actions (under tort law)
7 years old
The objective standard used to analyze breach of duty is called the
Reasonable person standard
Defendants are liable for these types of harms (those that should be anticipated based on actions)
Foreseeable
The pleading that a Plaintiff files to initiate a case is called a
Complaint
To bring a bystander emotional distress claim, the claimant must be _____ in relation to the injured party
Family member
A defendant may be able to claim this defense when they are forced, threatened or intimidated, in such a way that their will is overcome and they act in a tortious manner
Duress
In a jurisdiction that practices this type of negligence "defense" a Plaintiff is barred from recovery if they are as little as 1% at fault
Pure Contributory Negligence
This type of equitable remedy demands or prohibits a certain action
Injunction
The legal document sent to a non-party witness compelling them to appear for a deposition
Subpoena
The intentional tort of trespass to chattel to turn into this tort if the tortfeasor appropriates the chattel as their own.
Conversion
The name for liability imposed on an employer for the actions of an employee in the course and scope of their employment
Respondeat Superior
The three classifications of those who enter another's land are
Trespasser
Invitee
Licensee
An event that breaks the chain of causation and replaces one act of negligence with another is a
Superseding cause
The "formal" name for jury selection is
Voir Dire
This tort occurs when an individual intentionally, unlawfully restrains another by use of force or threats
False Imprisonment
Deadly force is not authorized to defend this
Personal Property
A Res Ipsa Loquitur claim requires proving the following elements
Instrumentality that caused Plaintiff's injury was under the exclusive control of Deft.
Event that occurred is one that would not normally occur without negligence
Event was not caused, even in part, by Plaintiff's negligence
This rule prevents the introduction of evidence of other sources of a Plaintiff's compensation (i.e. disability or worker's comp)
Collateral Source Rule
The standard of care in a medical negligence case is most often established by
Experts / Expert evidence