Legal Concepts: Tort Law and Property Rights

A collection of 100 flashcards based on legal concepts related to torts, property rights, and copyright law, aimed at assisting students in mastering the material for their exam.

Limits on Damages

Regulations that determine when it is appropriate to place a cap on damages awarded in legal cases.

Punitive Damages

Damages awarded in excess of actual losses to punish a wrongdoer.

Idaho Code Sec. 6-1604

Legal statute governing punitive damages in Idaho.

General Damages

Compensation for non-monetary losses such as pain and suffering.

Idaho Code Sec. 6-1603

Legal statute governing general damages in Idaho.

Special Damages

Compensation for specific, quantifiable losses.

Egg Shell Plaintiff Rule

Legal principle that a defendant is liable for a plaintiff's injury, even if the injury is more severe than what one would reasonably expect.

Intentional Torts

Torts that involve willful actions taken with the intent to cause harm.

Transferred Intent

Legal doctrine where intent is passed from one individual to another in torts.

Negligence

The failure to take reasonable care to avoid causing injury or losses.

Gross Negligence

A severe degree of negligence demonstrating a reckless disregard for the safety of others.

Recklessness

Conscious disregard of a known risk resulting in harm.

Strict Liability

Legal responsibility for damages or injury even if fault or negligence cannot be established.

Product Liability

Legal obligation of manufacturers or sellers to compensate for injury caused by defective products.

Misrepresentation

False statements that induce someone to enter into a contract or transaction.

Breach of Warranty

Failure to fulfill the terms of a promise regarding quality or performance of a product.

Copyright

Legal right that grants the creator of original work exclusive rights to its use and distribution.

Copyright Act of 1976

Statute that established the framework for copyright law in the United States.

Fixed in Durable Medium

Requirement for copyright protection that a work must be captured in a stable form.

Exclusive Rights

The sole entitlement to reproduce, distribute, and display a work.

Public Display

The act of showing a work in a place where the public can see it.

Easement

A legal right to use someone else's land for a specific purpose.

Profit a Prendre

A right to enter another person's land and take the natural resources from it.

Dominant Estate

The property that benefits from an easement.

Servient Estate

The property that is burdened or encumbered by an easement.

Easement Appurtenant

An easement that benefits the holder in relation to a specific piece of land.

Easement in Gross

An easement that benefits an individual rather than a piece of land.

License

A temporary permission to do something on someone else's property.

Deed

A legal document used to transfer title of real property.

Good Faith Interpretation

Approach to understanding claims that assumes honest intention.

Public Lands History

The historical background regarding ownership and management of public lands in the U.S.

Revolutionary War Land Grants

Territory awarded to the original 13 colonies post-war.

Central Government Land Conveyance

The transfer of land ownership from states to the federal government.

Federal Government Title

Ownership of land and property acquired by the federal government.

State Land Sales

The process by which states can sell or retain land after receiving it from the federal government.

Veterans' Land Grants

Land allocated to military veterans as a form of compensation.

Homesteaders

Individuals who settled land under the Homestead Act.

Land Title Clouding

Disputes or complications regarding the legal ownership of real property.

237 Million Acres

The original territory owned by the 13 colonies after the Revolutionary War.

1.6 Billion Acres

Land acquired by the federal government through various means.

1.3 Billion Acres

State land that was conveyed by the federal government to form new states.

Real Property Transfer

The process of changing ownership of real estate.

Legal Statutes

Written laws passed by legislative bodies.

Tort Law

The area of law dealing with civil wrongs, injuries, and damages.

Intent

The purpose or goal behind a person's actions.

Damage Cap

A legal limit on the amount of damages one can receive in a lawsuit.

Competing Claims

Disputes over land ownership among parties.

Examples of Torts

Illustrations of wrongful acts that cause harm to another person.

Land Use Rights

Legal permissions governing how land can be used.

Injury Requirement

The necessity of proving harm to claim damages.

Liability Insurance

Insurance that protects against claims resulting from injuries and damage to people or property.

Physical Harm

Actual bodily injury suffered by an individual.

Property Damage

Destruction or harm to someone's possessions.

Articulating Ideas

The ability to clearly express concepts and arguments.

Respect and Decorum

The importance of maintaining politeness and order in discussions.

Durable Medium

A form that preserves the original expression long enough for perception.

Federal Government Purchases

Acquisitions made by the federal government from states or other entities.

Communication Rights

Entitlements related to sharing and disseminating creative works.

Misrepresentation Types

Various forms of false information relating to a contract.

Negligence Types

Different classifications of negligence including ordinary and gross.

Ownership Duration

The length of time someone holds rights to a creation or a property.

Transfer of Title

Changing legal ownership from one entity to another.

Economic Interests

Financial stakes or claims in property or business.

Durable Rights

Long-lasting legal entitlements over property.

Recklessness Definition

A disregard for the safety of oneself or others.

Artistic Production

The process of creating art in various forms.

Written Agreements

Contracts documented in written form for legal enforcement.