WGU C713 Study Guide (V.3) Unit 3 exam questions and answers 2024

What is the difference between a tort and a crime? Tort is a civil wrong that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortuous act. A crime is a wrongful act that the state or federal government has identified as a crime. How would you describe an intentional tort? the 'tortfeasor' intended the consequences of his act or knew with some certainty that consequences would result from the act. What is the difference between the tort of 'assault' and the tort of 'battery'? Battery: intentional infliction of harmful or offensive contact. Assault:giving someone the reasonable belief that they are about to be touched. How would you describe false imprisonment? confines someone against their will, definite physical boundaries, threats of harm if they do leave. What is defamation? damaging to a person's reputation What is the difference between Slander and Libel? Slander: Spoken Libel:written What are the four interests associated with a person's right to privacy? 1. The right to control the appropriation of your name and picture for commercial purposes 2. the right to be free of intrusion on your 'personal space'. 3.Freedom from public disclosure of embarrassing and intimate facts of your personal life. 4. the right to not be presented in a 'false light' When does 'trespass to land' occur? Whenever someone enters onto,above or below the surface of lands owned by someone else without the owners permission. How would you describe 'attractive nuisance'? a dangerous condition that is likely to attract children on someones property. How would you describe 'conversion'? intentional, substantial interference with the personal property that can be moved. Theft. How would you describe 'fraud' wrongful or criminal deception intended to result in financial or personal gain. How would you describe 'assumption of risk'? occurs when a person knowingly enters a situation that could be dangerous. How would you describe 'self defense'? when a person uses reasonable force as necessary to prevent an imminent and un-consented touching that is harmful, offensive or a confinement. What are compensatory damages? monetary awards that compensate the plaintiff for his or her direct losses What are punitive damages? monetary compensation awarded to an injured party that goes beyond what is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. How would you describe the doctrine of transferred intent? when a wrongdoer intends to injure one victim, but accidentally hurts another victim instead. What is the 'single recovery' doctrine? a principle that a plaintiff is entitled to only one recovery for a particular harm. How would you describe 'negligence'? a breach in the duty of 'due care' What are the elements of negligence? duty, breach, causation, damages how would you describe 'duty of care'? initiates when interacting with another individual. Use reasonable care to avoid causing harm to the person. What are special duties of professionals? For professionals, the standard of care is not that of a reasonable person but is instead the knowledge and skill of the minimally competent member of that professional community. What is a trespasser? Licensee? Invitee? Trespasser: a person is a trespasser if she or he intentionally enters upon someone else's land without permission. Licensees: people on private property with the consent of the owner. Invitees: are people allowed to come on the land to conduct business related to the owners or occupiers business. How would you describe the difference between actual cause and proximate cause? Actual cause: a cause or factor without which the event could not have occurred. Proximal:legally sufficient to result in liability. What is res ipsa loquitur? "The thing speaks for itself" the occurrence of an accident implies negligence. how would you describe the differences between contributory negligence and comparative negligence? Contributory: when a person is injured in part due to their own negligence. Comparative: a tort ru