Torts
An agreement that is made between two parties in a dispute instead of going to court.
What is a settlement?
Defamatory oral statements that harm another's reputation.
What is slander?
Everyone has a general ________or legal obligation to exercise reasonable care toward others and their property.
What is duty?
The legal responsibility for damage or injury even if you are not negligent?
What is strict liability?
This is the most common defense to many Intentional torts.
What is consent?
Tort law establishes a standard of care that society expects from people, this is based on...
What is the reasonable person standard?
Someone defamed you in an email chain to a number of your colleagues, you can sue for________
What is Libel?
A violation of the responsibility of care owed to others.
What is a breach of duty?
Manufacturers have this legal responsibility for the injuries caused by defective products.
What is product liability?
SCOTUS ruled 2 Live Crew did not infringe the copyright for Pretty Woman extending this defense.
What is Fair Use?
A jury finds you not legally responsible for a harm, this is your judgment.
What is not liable?
Tort where a defendant purposely engages in an action that causes extreme emotional harm to the plaintiff.
What is Infliction of emotional distress?
When Liebeck was awarded $2.9 Million for her hot coffee burns, Tort Reformers labeled the lawsuit this.
What is frivolous?
The elements necessary to prove in a strict liability tort.
What are causation and damages?
Matt, a 42 yr old man, tries to catch a foul ball and breaks his leg at Wrigley Field. Wrigley field could claim this as a defense.
What is Assumption of Risk?
Standard of proof required in a civil case.
What is preponderance of the evidence?
If your invention is truly novel you can apply for this to give you a monopoly for 20 years.
What is a patent?
It is reasonable that if one has a sexually transmitted disease they have a duty to __________ their STD.
What is disclose?
Companies conducting ___________ activities know that they are strictly liable for any harms they cause.
What is dangerous?
This divides losses based on the degree to which each person is at fault. Most states use this.
What is comparative negligence?
This remains the property of the creator for a lifetime plus 70 years.
What is a copyright?
One does not bear liability for a trespasser harmed on your property, unless the trespasser is
What is a child?
Cause in Fact and Proximate Cause are both parts of this element of Negligence.
What is causation?
These torts got their name from the deposal of hazardous materials into waterways which polluted and harmed many.
What are toxic torts?
This precludes plaintiff from recovering damages from a defendant because plaintiff is also at fault.
What is contributory negligence?
Money asked for or paid by court order to a plaintiff for injuries or losses suffered.
What are damages?
An employer can be held liable for the unlawful actions of an employee, such as harassment or discrimination in the workplace.
What is vicarious liability?
One of the four states that uses the contributory negligence defense (prohibiting a plaintiff from an award if they contributed 1% to their harm)
What are Alabama, Maryland, North Carolina, Virginia?
Strict liability defenses are rare but in a product liability case, the manufacturer can claim the consumer __________ the product.
What is misused the product as intended?
A plaintiff sues a defendant, the defendant then files this against the plaintiff.
What is a counterclaim?