POLS 3301

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POLS 3301
2010-05-03 14:23:11
Modern day Tort

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  1. The 19th century was about___ the 20th century was about
    fault/ compensation
  2. What are the 3 big areas of modern day torts
    • 1. automobiles
    • 2. products liabilty
    • 3. medical malpractice
  3. What is about defective products harming you
    products liability
  4. Under the old rule to sue over product liablity you could only sue ___
    person selling product
  5. Now you can sue __ for products liability
  6. Which case allows people to sue manufactor instead of distributor
    Macpherson v. Buick Motor Company
  7. Which cases are now strict liability in modern day torts
    product liability
  8. Contribitory negligence changed to ____ negligence in the 20th century
  9. if you are only 20 % at fault what happens in modern day torts
    compartive negligence 20% gets deducted from award
  10. What are the 4 different types of torts
    • 1. intentional
    • 2. reckless torts
    • 3. negligence (vast majority of cases)
    • 4. strict liabity torts
  11. Torts against person- assault and battery is what type of tort
  12. False imprisonment is what type of tort
    intentional tort
  13. intentional affliction of emotional distress is what type of tort
  14. property trespass, converting property is what type of torts
    intentional torts
  15. Slander, liablity, defamation is what type of tort
    intentional torts
  16. Economic torts/fraud are what types of torts
  17. interferrence with business contracts are what type of torst
  18. What is intangible harm to a person's reputation
    slander, liablity, defamation
  19. What is the smallest category of torts
    reckless torts
  20. Which type of tort must have puniable damages
    reckless torts
  21. Liable/slander is under intentional torts but may also be under ___
    reckless torts
  22. In order to recover from slander/liable under reckless torts it must be___ and show___ ___ ___ ___ and must show ____.
    false, harm to your reputation, negligent
  23. What is the largest category of torts
  24. What are the 4 elements under negligence torts
    • 1. did you have duty of care
    • 2. Did you breach that duty of care
    • 3. Were their damages
    • 4. were the damages proximately caused by breach of care
  25. In order to see if you had a duty of care court would compare you to a ___ ___
    reasonable man
  26. To be a reasonable man you would be compared to an average man of the same__ ___
    able body
  27. In negligence torts can mental disabilities be an excuse (what case)
    no- vaughn v. menlove
  28. Reasonalbe care can be examined under the ___ ____
    hand formula
  29. What case applied the Hand formula
    US v. Carroll Towing
  30. Which case was about a man leaving his barge and it sinking from a storm
    US v. Carroll Towing
  31. What did Hand say you must look at for negligence torts
    probability x harm < > burden of acting
  32. In general are you expected to act a certain way under negligence torts
  33. What are the 2 exception about breaching a duty of care
    • 1. if you entered a course of conduct you must help
    • 2. therapist must intervene
  34. What are the ways to see if action is reasonable (3)
    • 1. customary to act in certain way
    • 2. statute- if passed to make someone act (speeding breaks negligence per se)
    • 3. Res Ipsa Locquitar- the thing speaks for itself
  35. What case says therapist must act
  36. Auto wrecks if you are speeding break ___ under ____
    negligence per se, negligence
  37. What 3 types of damages can their be from negligence torts
    • 1. economic- medical bills
    • 2. pain and suffering
    • 3. puninative damages
  38. What can economic damages be
    medical bills or lost earnings
  39. What is considered diminished quality of life
    pain and suffering
  40. What are puninative damages
    punishing damages
  41. adding reckless or intent to negligence torts adds____
    puninative damages
  42. What the 2 ways to see if damages are proximate
    • 1. but for
    • 2. proximate damages
  43. What do you look for to see if damages are proximate
    intervening causes
  44. Which case was about proximate damages
    Plasgraff v. Long Island RR
  45. What was Plasgraff v. Long Island RR about
    lady waiting on train being injured by events several miles down RR
  46. For Proximate causation, accourding to Cardosa injury must be ___
  47. What are the 2 defenses for negligence cases
    • 1. assumption of risks
    • 2. compartive negligence (looks at who is most at fault)
  48. What case was a strict liability torts
    Rylands v. Fletcher
  49. What ____ ____ are considered strict liabilty
    ultrahazardous activities
  50. Owning wild animals or housing explosives are considered
    ultra hazardous activities
  51. dangerous or unusual =
  52. ___ liabilty is also strict liability
  53. Who wants tort reform
  54. What 2 things do conservatives want with tort reform
    • 1. cap on damages
    • 2. loser pay laws
  55. What is an example of tort horror stories