Questions and CORRECT Answers
Compensatory Damages - CORRECT ANSWER A monetary award equivalent to the actual
value of injuries or damage sustained by the aggrieved party.
Punitive Damages - CORRECT ANSWER Monetary damages that may be awarded to a
plaintiff to punish the defendant and deter similar conduct in the future.
Tortfeasor - CORRECT ANSWER one who commits a tort
Assault - CORRECT ANSWER occurs when an individual threatens to harm an innocent
person using words, gestures, or both.
Battery - CORRECT ANSWER unlawful touching of another person without consent
Recklessness - CORRECT ANSWER "willful and wanton conduct" a conscious indifference
to a known and substantial risk of harm created by ones behavior
Intentional Infliction of Emotional Distress - CORRECT ANSWER an intentional tort in
which the harm results from extreme and outrageous conduct that causes serious emotional harm
Defamation - CORRECT ANSWER Act of harming or ruining another's reputation
4 elements of defamation - CORRECT ANSWER 1) a false statement purporting to be fact
2) publication or communication of that statement to a third person
3) fault amounting to at least negligence
4) damages, or some harm caused to the reputation of the person or entity who is the subject of
the statement. (Clear and convincing)
, Libel - CORRECT ANSWER written defamation
Slander - CORRECT ANSWER spoken defamation
invasion of privacy - CORRECT ANSWER revealing personal information about an
individual without his or her consent
4 elements of invasion of privacy - CORRECT ANSWER 1) intrusion on a person's seclusion
or solitude
2) public disclosure of embarrassing private facts about a person
3) publicity that places a person in a false light in the public eye
4) appropriation, for the defendant's advantage, of the person's name or likeness.
fraud - CORRECT ANSWER wrongful or criminal deception intended to result in financial or
personal gain
Malicious Prosecution - CORRECT ANSWER A tort in which one person wrongfully
subjects another to criminal or civil litigation for the sole purpose of causing problems for that
other person, often in retaliation for previous litigation between the two.
Business Tort - CORRECT ANSWER wrongful interference with another's business rights
and relationships
Attractive Nuisance - CORRECT ANSWER A dangerous place, condition, or object that is
particularly attractive to children
Trespass to Land - CORRECT ANSWER The entry onto, above, or below the surface of land
owned by another without the owner's permission or legal authorization.