Test #2 BLAW Miller Question and Answers
Torts
a civil wrong
Negligence
unintentional but legally careless conduct
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Elements of negligence
1. The wrongdoer...
Test #2 BLAW Miller Question and
Answers
Torts - answer a civil wrong
Negligence - answer unintentional but legally careless conduct
Elements of negligence - answer 1. The wrongdoer owed a duty to the injured party
2. The duty of care owed tot the injured party was breached through some act or
omission on the part of the wrongdoer
3. A casual connection exists between the wrongdoers negligent conduct and the
resulting harm to the injured party
4. The injured party suffered actual harm or damage recognized as actionable by law as
a result of the negligent conduct
Due Care/Ordinary Care - answer the legal standard created
Reasonable Person Standard of Care - answer a hypothetical person would act a
certain way
Professional Standard - answer The standard for informed consent that requires that
a physician disclose what colleagues similarly situated would have disclosed in similar
circumstances.
Causation - answer for a party to have caused an injury to another and be held
negligent, the act must have been the cause of the other's injury
Res Ipsa Loquitur - answer A doctrine under which negligence may be inferred
simply because an event occurred, if it is the type of event that would not occur in the
absence of negligence. Literally, the term means "the facts speak for themselves."
cause in fact - answer an act or omission without which an event would not have
occurred. Courts express this in the form of a rule commonly referred to as the "but for"
rule: the injury to a person would not have happened but for the conduct of the
wrongdoer.
Proximate Cause - answer Legal cause; exists when the connection between an act
and an injury is strong enough to justify imposing liability.
Premises Liability - answer The liability of landowners and leaseholders for torts that
occur on their real property.
, Assumption of Risk - answer A defense against negligence that can be used when
the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that
danger.
exculpatory clause - answer A clause that releases a contractual party from liability
in the event of monetary or physical injury, no matter who is at fault.
Comparative Negligence - answer A theory in tort law under which the liability for
injuries resulting from negligent acts is shared by all parties who were negligent
(including the injured party), on the basis of each person's proportionate negligence.
51% rule for contributory negligence - answer the plaintiff must contribute at least 51
% of the negligence for no recovery to be allowed
intentional tort - answer A wrongful act knowingly committed.
What is "intent" - answer 1. What is the state of the mind of the defendant
2. The person knew or should know the possible consequences of the act
Assault - answer intentional conduct directed at a person that places the person in
fear of immediate bodily harm or offensive contact
Battery - answer unlawful touching, which is intentional physical contact without
consent
self-defense - answer a privilege based on the need to allow people who are
attacked to take steps to protect themselves
Consent - answer when the injured party gave permission to the alleged wrongdoer
to interfere with a personal right
False Imprisonment - answer the intentional holding, detaining, or confining of a
person that violates the protected interest in freedom from restraint of movement
Infliction of Emotional Distress - answer involves conduct that is so outrageous that it
creates severe mental or emotional distress in another person
Floodgate Argument - answer a legal principle which is sometimes applied by judges
to restrict or limit the right to make claims for damages because of a concern that
permitting a claimant to recover in such situations might open the metaphorical
"floodgates" to large numbers of claims and lawsuits.[1] The principle is most frequently
cited in common law jurisdictions, and in English tort law in particular.
Invasion of Privacy - answer a person's right to solitude and to be free from
unwarranted public exposure
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