The flashcards below were created by user
on FreezingBlue Flashcards.
What is a tort?
How many types of torts?
- Tort is a violation of a duty imposed by civil law.
- -Strict liability
What is defamation?
What are the types?
- Defamation is a false statements that harm someone's reputation.
- -Written defamation=libel
- -Oral defamation=slander(a fault spoken statement)
Give an example of public figure and public official.
- Public figure: movie star, celebrities...
- Public official: police officer, Mayor...
How do a public personality win?
Must prove 4 elements and also actual malice by defendant.
What are the 4 elelment of tort?
- -A defamatory statement of fact
- -That is false
- -and is communicated.
- -causing injury(lower reputation, embarassment, humiliation)
What is actual malice?
means the defendant knew the statement was false or acted with reckless disregard of the truth.
Define intentional tort.
- a violation of duty imposed by civil law was caused by a intended action(deliberate action)
- Note:the harm need not be intended, just the act.
Define absolute privilege, qualified privilege
- Absolute privilege: a witness testifying in a court or legislature may never be sued for defamation.
- Qualified privilege: exists between two people who have a legitimate need to exchange information.(in good faith)
Define false imprisonment
The intentional restraint of another person without reasonable cause and without consent.
Define Intentional infliction of emotional distress
Intentional infliction of emotional distress result from extreme and outrageous conduct that causes serious emotional harm.
What is battery?
Battery: intention of touching someone in a way that is unwanted/offensive without person's consent.
Defendant does some act that make a plantiff fear an imminent battery.
Injurying another person by deliberate deception.
what is compensatory damages?
the amount of money that will restore the plantiff to the position he was before the defendant's conduct caused an injury.
is to punish the defendant for conduct that is extremem and outrageous.(usually in intentional tort)
Punitive damages "guideposts"
- -the reprehensibility of the defendant's conduct
- -the ratio between the harm suffered and the award (generally should not exceed 9 times compensatory, but no set ration)
- -the difference between the punitive award and any civil penalties used in similar cases
- -defendant's wealth can't be excuse for unreasonably high award
5 element of negligence?
- -duty of due care
- -factual cause
- -foreseeable harm
What is breach of duty?
Failing to behave the way a reasonable person would under similar circumtances.
how a person commit a neglegence per se?
When a legislature stes a minimum standards of care for a particular activity, in order to protect a certain group of people, and a violation of the statue injury a member of that group, the defendant has commit negligence per se.
- Note: plantiff doesnot need to prove:
- duty breach of duty nor foreseeability
the type of harm must have been reasonably foreseeable.
what is Res Ipsa Loquitur?
"The thing speaks for itself"
What is Contributory negligence? compareative negligence?
- contributory negligence(only in few states). If plaintiff is even slightly negligent herself, no recovery against defendant.
- Comparative negligence. Plantiff may recover even if she is partially negligence.
what is defense of assumption of the ristk?
The defense: a person who voluntaril enters a situation that has an obvious danger cannot complain if he is injured.
What is strict liability?
Higher burden placed on certain dangerous activities.
The two conditions a store must meet if they want to detain a person suspected of shoplifting without becoming liable for false imprisonment
- have a reasonable basis for the suspicion
- detain them in a reasonable way, and for no longer than a reasonable time.