(H) US History 1 and Law - Law Unit 2 Quiz Review (Chapter 18 - Chapter 22)

Unit 2 Law: Chapter 18 to Chapter 22

The 2 sides of a tort

Plaintiff and Defendant

Tort

A civil wrong that causes harm or injury to another person or their property

What does a tort seek?

Damages (make up for harm done to plaintiff)

What are the two basic questions torts are asking?

1) Who should be liable or responsible for the harm caused by human activities?

2) How much should the liable person have to pay?

What is Liability?

Legal responsibility for harm caused by human activities

What does “Remedy” mean in tort law?

Something that makes up for the harm done (paying damages)

Settlement

When the two parties simply meet out of court and discuss how to compensate the injured person, the agreement they reach is called a

Intentional wrong

An action done with the intent of injuring a person, his or her property, or both

Strict liability

When a person is legally responsible for harm, even if they were careful and had no intent to cause it, usually occurs when a person is engaged in an activity so dangerous that there is a serious risk for harm

Compensatory damages

Money awarded to the plaintiff to compensate or make up for harm caused by the defendant

Nominal damages

A small amount of money awarded to the plaintiff to show a legal wrong occurred but no injury was caused

Punitive damages

Money awarded to the plaintiff by the court to punish the defendant and to warn others not to commit the same wrongful act

Assault

An intentional act that causes another person to fear or anticipate an immediate harmful or offensive contact, even if no physical contact actually occurs

Battery

An intentional harmful or offensive contact with another person (must be physical)

Shopkeeper’s Privilege

To temporarily detain a person suspected or seen committing a crime (shoplifting)

Infliction of emotional distress

When a person intentionally uses words, actions, or outrageous behaviors to cause someone emotional distress or extreme anxiety

False imprisonment

When a person wrongfully and unreasonably imprisons or confines another person against their will

Defamation

False statements that harm the reputation of a person, includes slander and libel

Slander

Spoken statements that harm reputation

Libel

Written statements that harm reputation

Real property

Land and items attached to it (such as houses, crops, and fences)

Personal property

Property that can be moved (such as cars, clothing, and appliances)

Intellectual property

Ownership of ideas and creative works

Trespass

When a person enters another person’s property without permission

Nuisance

Something that unreasonably interferes with a person’s ability to use or enjoy their property

Conversion

When a person unlawfully exercises control over another person’s personal property

Attractive nuisance

A dangerous condition on a landowner’s property that may attract children and pose as a risk to their safety, landowner will be liable for any resulting injuries or damage

Injunction

A court ordering a person to do or not do a specific action

Patent

Legal ownership right given to an inventor that prevents others from making, using, or selling the invention

Copyright

Gives ownership and protection of creative works

Infringement

When a person uses work with a patent or copyright on it, commits this tort of

Defense: Consent

Plaintiff consented to the harmful behavior, thus gave up the right to sue later

Defense: Privilege

Allows a person to engage in behavior that would be considered a tort, without responsibility for injuries or damages, because they had a reason to do that behavior

Defense: Self-Defense

Best known privilege, allows a person to use reasonable force to defend and protect themselves

Defense: Defense of Property

Allows a person to use reasonable force to defend and protect their homes or property

Negligence

An unintentional tort, occurs when a person’s failure to use responsible care causes harm to others

The 4 elements to prove negligence

Duty, Breach of Duty, Causation, and Damages

Duty

The defendant owed a legal duty to the plaintiff to act with reasonable care

Breach of Duty

The defendant breached that duty by failing to be careful

Causation

The defendant’s breach caused the plaintiff’s injury, includes two parts

Causation: Cause in Fact

The harm occurred because of the defendant’s actions

Causation: Proximate Cause

The injury was a foreseeable result of the defendant’s actions

Damages

The plaintiff suffered actual injuries or losses

Defenses to Negligence: Contributory Negligence

Plaintiff cannot recover damages from the defendant if their own actions contributed in any way to the harm they suffered

Defenses to Negligence: Comparative Negligence

Plaintiff and Defendant are both at fault; divides loss between the amount each are at fault

Defenses to Negligence: Assumption of Risk

Plaintiff voluntarily encounters a known danger and decides to accept the risk of that danger