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Law Exam 1
Torts
| Term | Definition |
|---|---|
| Assault | Intentionally placing someone in a situation where they feel like they are in danger or threatened. Does not include actually harming them physically. |
| Battery | An illegal touching of another with intent. |
| Conversion | Wrongfully exercising power or control over another’s property. |
| Defamation | Publication of untrue statements about another that uphold someone’s character or reputation with the intent to ridicule. |
| Invasion of privacy | The invasion of someone's personal interest. Such as public disclosure of personal information or using someone’s image for advertisement. |
| False imprisonment/Malicious Prosecution | Unjustified confinement of a nonconsenting individual, and arrests without a warrant or proper grounds. |
| Intentional Infliction of emotional distress | Intentional conduct that has the potential to cause emotional distress. |
| Infliction of business affairs | Intentional acts that interfere with an existing or potential business relations. |
| Trespass | To enter another’s land without consent or refusal to leave after being asked. |
| Fraud | Misrepresentation of material fact that is justifiably relied upon by someone for their injury. |
| Intentional torts | Actions that intend to cause harm or injury to another. |
| Negligence | When someone has a duty to act reasonably but instead acts artlessly and causes harm to another. |
| Duty of care | An individual has a legal duty to apply reasonable care to avoid harm. |
| unreasonable behavior-breach of duty | Unreasonable actions that breach their duty or care that is owed to another and then cause harm. |
| Causation in Fact | In a negligence case the plaintiff must prove the defendant actually caused the injury through negligent action. |
| Proximate Causation | The action must have had a foreseeable risk to the defendant. |
| Actual Injury | There has to be actual harm or injury. |
| Assumption of Risk | If the plaintiff willingly undertook an activity made dangerous by the negligence of another. |
| Contributory/ Comparative negligence | This bars the defendant from any liability if the Plaintiff's own actions contributed to the injury. |
| Strict Liability | The legal responsibility for an action that causes injury that is neither negligent nor intentional |
| Strict Product Liability | Any retailer or manufacturer who sells a product that is unreasonably dangerous or defective in the event of an injury. |
| Ultrahazardous Activity | The court may use this if they dream the action Ultrahazardous like transporting explosives or other dangerous material that caused the injury |
| Dram Shop Acts | Applies to assaults or harm done by inebriated individuals. And those who over serve or serve minors. |
| Damages | The remedy that the Plaintiffs asks the court to award in order to make the injured party whole. |
| Compensatory Damages | To make the Plaintiff whole through financial compensation. Includes: Past and future medical expanses, Past and future economic loss, and Past and Future pain and suffering. |
| Punitive damages | Imposes Deterrence and punishment, used when the action was malicious, fraudulent or evil. An example would be increased insurance premiums. |
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