AIC301 TEST BANK QUESTIONS WITH CERTIFIED ANSWERS GRADED A+
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Course
AIC301
Institution
AIC301
AIC301 TEST BANK QUESTIONS WITH CERTIFIED ANSWERS GRADED A+
The use of civil or criminal procedures for a purpose for which they were not designed. - Answer-Malicious abuse of process
Unauthorized entry to another person's real property or forcible interference with another person's personal pr...
AIC301 TEST BANK QUESTIONS
WITH CERTIFIED ANSWERS
GRADED A+
The use of civil or criminal procedures for a purpose for which they were not
designed. - Answer-Malicious abuse of process
Unauthorized entry to another person's real property or forcible
interference with another person's personal property. - Answer-
Trespass
All tangible or intangible property that is not real property. - Answer-Personal
property
An unreasonable and unlawful interference with another's use or enjoyment
of his or her real property. - Answer-Private nuisance
An act, occupation, or structure that affects the public at large or a
substantial segment of the public, interfering with public enjoyment or
rights regarding property. - Answer- Public nuisance
Purposeful interference with another party's enjoyment of his or her property.
- Answer- Intentional nuisance
An act, occupation, or structure that is a nuisance at all times and under any
conditions, regardless of location or surroundings. - Answer-Nuisance per se
The unlawful exercise of control over another person's personal
property to the detriment of the owner. - Answer-Conversion
Tangible, movable personal property. - Answer-Chattel
Liability imposed by a court or by a statute in the absence of fault when
harm results from activities or conditions that are extremely dangerous,
unnatural, ultrahazardous, extraordinary, abnormal, or inappropriate. -
Answer-Strict liability (absolute liability)
An activity that is inherently dangerous; if harm results, the performer
may be held strictly liable. - Answer-Ultrahazardous activity (abnormally
dangerous activity)
A civil wrong arising from exposure to a toxic substance. - Answer-Toxic tort
,An explicit statement about a product by the seller that the buyer or other
user may rely on and that provides a remedy in the event the product does
not perform as claimed. - Answer-Express warranty
An obligation that the courts impose on a seller to warrant certain facts about
a product even though not expressly stated by the seller. - Answer-Implied
warranty
A plaintiff's voluntary use of a defective product with knowledge of the
potential danger resulting from the defect. - Answer-Active negligence
A plaintiff's failure to discover a product defect or to guard against a
possible defect. - Answer-Passive negligence
Two or more parties who act together to commit a tort or who commit
separate torts that combine to cause an injury or loss. - Answer-Joint
tortfeasors
An expanded liability concept requiring each member of an industry
responsible for manufacturing a harmful or defective product to share
liability when a manufacturer at fault cannot be identified. - Answer-
Enterprise liability (industry-wide liability)
An expanded liability concept that shifts the burden of proof to each of
several defendants in a tort case when there is uncertainty regarding which
defendant's action was the proximate cause of the harm. - Answer-
Alternative liability
An expanded liability concept that applies when a product that has harmed a
consumer cannot be traced to a single manufacturer; all manufacturers
responsible for a substantial share of the market are named in the lawsuit
and are liable for their proportional share of the judgment. - Answer-Market
share liability
An expanded liability concept that applies when all defendants acted together
or cooperatively. - Answer-Concert of action
An expanded liability concept that applies when two or more parties worked
together to commit an unlawful act. - Answer-Conspiracy
A legal responsibility that occurs when one party is held liable for the
actions of a subordinate or an associate because of the relationship
between the two parties. - Answer-Vicarious liability
The act of leaving a dangerous article with a person who the lender knows,
or should know, is likely to use it in an unreasonably risky manner. -
Answer-Negligent entrustment
A parent's failure to exercise reasonable control and supervision over his or
her child to prevent harm to others. - Answer-Negligent supervision
, A liability concept that holds the owner of an automobile kept for the family's
use vicariously liable for damages incurred by a family member while using
the automobile. - Answer-Family purpose doctrine
A statute providing that a person will not be liable for damages as a result
of rendering aid to an injured person, without compensation, at the scene
of an accident. - Answer- Good Samaritan law
A lawsuit in which one person or a small group of people represent the
interests of an entire class of people in litigation. - Answer-Class action (class
action lawsuit)
A class-action suit based on tort law rather than on contract law. - Answer-
Mass tort litigation
A payment awarded by a court to punish a defendant for a reckless,
malicious, or deceitful act to deter similar conduct; the award need not bear
any relation to a party's actual damages. - Answer-Punitive damages
(exemplary damages)
A form of compensatory damages that awards a sum of money for specific,
identifiable expenses associated with the injured person's loss, such as
medical expenses or lost wages. - Answer-Special damages
A monetary award to compensate a victim for losses, such as pain and
suffering, that do not involve specific, measurable expenses. - Answer-
General damages
A legal cause of action that exists for the survivor of the deceased. - Answer-
Wrongful death action
A statute that preserves the right of a person's estate to recover damages
that person sustained between the time of injury and death. - Answer-Survival
statute
A claim made in the complaint by the plaintiff, specifying what the plaintiff
expects to prove to obtain a judgment against the defendant. - Answer-
Allegation
The allegations made by a plaintiff in a lawsuit. - Answer-Complaint
A formal written statement of the facts and claims of each party to a lawsuit. -
Answer- Pleading
A formal request for the court to take a particular action. - Answer-Motion
A pretrial exchange of all relevant information between the plaintiff and
defendant. - Answer-discovery
A quality of evidence that is likely to prove or disprove an element of
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