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41 Cards in this Set
- Front
- Back
Chapter 6-1 Tort |
Private or civil wrong for which the law grants remedy |
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Chapter 6-1 Questions #1-9 1) A tort is considered to be an offense against society. |
False |
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2) A single act can be both a tort and a crime. |
True |
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3) Degree of causation of a tort great enough to be recognized by law is called- |
Proximate cause |
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4) In order to establish liability for a tort all of the following must be proved except- |
Unlawful touching |
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5) An insane person cannot be held liable for a tort |
False |
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6) When one party is held responsible for the tort of another the liability is called _______________ liability |
Vicarious |
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7) Which of the following types of torts are based on carelessness? |
Negligence |
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8) If you act recklessly but do not harm anyone there usually is no tort |
True |
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9) Parents generally held liable for the torts of their children |
False |
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Chapter 6-2 Intentional Torts |
Tort in which the defendant means to commit the injurious act |
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Assault |
Intentional threat to physically or offensively injure another |
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Battery |
Harmful or offensive touching |
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False imprisonment |
Depriving a person of freedom of movement without consent and without privilege |
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Defamation |
False statement that injures ones reputation |
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Invasion of privacy |
Unwelcome and unlawful intrusion into ones private life as to cause outrage, mental suffering and humiliation |
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Trespass to land |
To be on the land of another without right permission of the owner |
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Conversion |
Using property in a manner inconsistent with the owners rights |
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Negligence |
Most common tort based on carelessness |
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Interference with contractual relations |
Enticing or encouraging a person to break a contract |
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Fraud |
Intentional misrepresentation of an existing important fact |
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Strict liability |
Holding a defendant liable without showing of negligence |
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Questions 1-7 Chapter 6-2 1) An actual harmful or offensive touching is at the heart of the tort of assault |
False |
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2) A person who has consented to be detained by another cannot recover for the tort of false imprisonment |
True |
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3) Spoken defamation is- |
Slander |
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4) An unwelcome and unlawful intrusion into ones persons life so as to cause outrage, mental suffering, or humiliation is the tort of- |
Invasion of privacy |
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5) An innocent buyer of stolen goods cannot be liable for conversion since the buyer had no intent to keep the goods from their rightful owner |
False |
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6) Which of the following is not a defense to negligence? |
Self defense |
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7) Strict liability may exist even when a defendant was not negligence |
True |
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Chapter 6-3 Damages |
Monetary award to compensate for the loss caused by a tort |
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Evidence |
Materials presented to prove or disprove alleged facts |
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Testimony |
Statements by witnesses under oath |
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Witness |
Individuals with personal knowledge of important facts |
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Subpoena |
Written court order compelling a person to appear and testify |
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Verdict |
Jury's decision in a case |
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Judgement |
Final results of a trial |
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Questions 1-5 Chapter 6-3 1) Damages meant to punish the person who has committed a tort are called compensatory |
False |
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2) Compensatory damages are also referred to as ____________ damages |
Actual |
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3) A judge never determines a matter of fact |
True |
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4) In a civil case, the judge renders a judgement after hearing the jury's |
Verdict |
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5) Seizing a defendants's car to sell it to pay a damage award against him is know as |
Execution |