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52 Cards in this Set
- Front
- Back
Actions taken to deliberately harm another person or their property are called ...
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Intentional Torts
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What are the 2 types of Intentrional torts?
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1. Intentional torts causing injury to persons
2. Intentional torts causing harm or damage to property |
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What do we call damages a court requires a defendant to pay to compensate a person for harm caused (either financial loss, or pain and suffering)?
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Compensatory Damages
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What do we call damages paid to a plaintiff that are only a small or token amount of money to show that the claim was justified?
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Nominal Damages
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What do we call damages awarded to a plaintiff to punish the defendant for malicious, willful, or outrageous acts?
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Punitive damages
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What are the 5 most common torts causing injury to a person?
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1. Battery
2. Assault 3. Infliction of Emotional Distress 4. False Imprisonment 5. Defamation |
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What do we call the intentional tort that occurs when a person intentionally causes a harmful or offensive contact with another person?
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Battery
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What do we call the intentional tort that occurs when a person goes beyond mere words and intentionally makes someone fear an immediate harmful or offensive act?
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Assault
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This type of tort is committed when a person intentionally uses words or actions that are menat to cause extreme anxiety or emotional distress
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Infliction of Emotional Distress
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This type of tort occurs when a person intentionally and wrongfully confines another person against his or her will.
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False Imprisonment
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This type of tort includes actions that harm a person's reputation and can be classified as oral or written.
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Defamation
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What type of tort is an oral statement that harms another person's reputation?
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Slander
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What type of tort is an written statement that harms another person's reputation?
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Libel
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What 2 ways does tort law protect your property?
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1. Protects against interference with the owner's exclusive right use of property.
2. Protects against property being taken or damaged. |
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What are the 3 types of property protected by tort law?
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1. Real property
2. Personal property 3. Intellectual property |
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What type of property includes land and the items attached to it such as houses, crops, and fences?
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Real Property
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What type of property includes property that can be moved such as cars, clothing, and appliances?
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Personal Property
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What type of property includes the ownership interest in creations of a person's mind?
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Intelletual Property
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What is the name of the tort that occurs when a person enters another person's property without permission?
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Trespass
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A doctrine that says if a person keeps something on his or her premises that is likely to attract children,that person must take reasonable steps to protect children against dangers the condition might cause.
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Attractive Nuisance doctrine
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Are most people who enter your house trespassers?
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No, most are guests, business people (repairmen), and customers
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Does the law impose a higher responsibility on business owners for the safety of people who enter their property?
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Yes, they must inspect their property to make sure it is safe for visitors as often as is necessary.
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A _____________ occurs when there is an unreasonable interference with your ability to use and enjoy your property without anyone physically entering your property.
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Nuisance - (playing basketball at 1 a.m.)
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Do you have a right to be free from all interference to your property?
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NO! only from unreasonable interference. If your neighbors are holding a graduation party on a Sunday afternoon and you can hear hear the crowd or the music, it's not a nuisance
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What do we call a court order that requires a defendant to stop an activity that is considered a nuisance
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Injunction
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This occurs when someone unlawfully takes control of your property for a long period of time and acts as if they own it.
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Conversion
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Are you allowed to use reasonable force to protect your property.
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Yes, however deadly force can never be used to protect property
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What type of propery describes the creations of people's minds such as music, art, software, etc.?
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Intellectual Property
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A _________ recognizes your ownership of an invention.
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Patent
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A _________ recognizes your ownership of creative expression such as music, movies, songs, and software.
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Copyright
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What do we call the tort when someone uses patented or copyrighted work without permission?
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Infringement
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How long does a patent protect an invention?
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20 years
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How long is a copyrighted work protected for?
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For the life of the author plus 70 years
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_____________ means that once the copyright owner sells a copy of his work, the lawful owner of that particular piece may resell it.
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First sale
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What are the 3 types of defenses to intentional torts?
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1. Consent
2. Privilege 3. Self-defense |
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This defense allows conduct that would otherwise be considered a tort because pubic policy is best served by permitting such behavior.
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Privilege (a police officer detaining someone while arresting them with an arrest warrant)
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This defense to a tort means that the plaintiff agreed to the harmful conduct and gives up the right to sue later.
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Consent
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This defense to a tort allows someone to use reasonable force to defend themselves
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Self-defense
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Does "Self-defense" allow you to come to the rescue of another person?
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Yes
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This defense allows people to use reasonable force to defend their homes and property.
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Defense of Property
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May someone use deadly force to protect their property?
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No
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What is the name of the tort that affects a large group of people? (ex, lights at Wrigley Field)
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Public Nuisance
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What are the 3 types of land users?
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1. Trespassers
2.Licensees 3. Invitees |
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A land user who enters the property of another without permission
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Trespasser
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Policemen, firefighters, and door to door salesmen are examples of this type of land user
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Licensees
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One’s persons interference with another’s rights either through intent, negligence, or strict liability
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Tort
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a person who commits a tort
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Tortfeasor
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What are the 2 major groups of torts?
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1. Intentional torts
2. Unintentional torts |
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an individual is responsible for all injuries they cause even if a pre-existing condition exists that they did not know about
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Eggshell plaintiff rule
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Can "intent" be transferred from one victim to another?
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Yes - If you intend to hit one person and hit another person by mistake you will be charged with battery
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This occurs when a statement was made with the knowledge that it was false or with a reckless disregard for whether it was true or false
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Actual Malice
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What is another name for personal property?
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Chattel
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