Harmful or offensive contact; to Plaintiff's person; intent; causation.
What is a Battery
100
to act as a reasonably prudent person under the same or similar circumstances
What is Duty
100
Truth is a complete defense to....
What is Defamation
100
this has been abolished in FL
What is joint and several liability
100
Plaintiff must be within the "zone of danger" and suffer physical symptoms from distress
What is NIED - negligent infliction of emotional distress
200
It was my purpose or knowledge to create in a reasonable person an imminent knowledge or fear with more than my mere words a harmful or offensive contact and I actually caused such.
What is an Assault
200
sometimes shown by statute; this falls short of the level required by the applicable standard of care owed
What is Breach of Duty
200
Damages are presumed
What is Libel or Slander Per Se
200
This says you can sue but your damages are capped at $200,000 per person and $300,000 per claim from this one accident
What is Sovereign Immunity
200
when a product emerges from a manufacturing process different from other products and more dangerous than if it had been made the way it should've
What is manufacturing defect
300
an act or omission that does something or something to a something area; with intent and causation
What is False Imprisonment
300
If you can prove the Defendant's conduct was the cause in fact of your harm then you can satisfied this test
What is "But For" test of Actual Causation
300
When a matter involves public concern, a public official or public figure must show _______ _______, and even a private person can show ________ ______
What is actual malice
300
Only applicable if the proper relationship exist and the tortious acts were committed within the scope of this relationship *name both names*
What is Respondeat Superior/Vicarious Liability
300
What is a design defect?
When all the products of a line are made identically according to manufacturing specifications, but have dangerous propensities
400
(1) an act ... (2) purpose, knowledge, or recklessness (3) ... (4) ... (5) physical impact or physical manifestation of psychological trauma not required
What is IIED - intentional infliction of emotional distress
400
This is also called "legal" and the P will argue the harm was this and the D will argue the harm was not this
What is Proximate Causation
400
1. a statement of fact. 2. ________ 3. identification of the P as the subject. 4. _________ 5. compensable damages to the plaintiff 6. __________ 7. required level of fault by the D
What is defamatory, publication to 3rd person, falsity of the statement
400
In _____ ____________ ______________ the percentage of fault of both parties is calculated and the damage award will be reduced by the ___________ share of fault
What is Pure Comparative Negligence, Plaintiff's
400
This comes with every product sold?
This comes if the seller knows or has reason to know?
What is Implied Warranty of Merchantability and warranty for a particular purpose
500
A serious enough _________ ___ ________ will warrant the ____ to ___ ___ _____ value and is called a __________
What is "trespass to chattels" "defendant" "pay the full" "conversion"
500
Last Element to be proven includes:
1.________
a._______
b._______
2.__________
What is Compensatory, economic, non economic, punitive
500
The 4 branches to the invasion of right to privacy
1. Appropriation of Name or Picture
2. Intrusion upon Seclusion or Affairs
3. Publication of Facts Placing P in False Light
4. Public Disclosure of Private Facts
500
5 Major Defenses to Torts
Consent, Self Defense, Defense of Others, Defense of Property, Necessity (public and private)
500
Strict liability is when a ______ ______ or _____ puts into the stream of commerce a ___________ ________ that is __________ ________ to the user or consumer and it reaches the user or consumer in _________ ______ _______
What is "commercial seller" "supplier" "defective product" "unreasonably dangerous" "substantially same condition"