Tort Law Final Exam Graded A+ (Verified)
absolute immunity - Answers-complete defense from liability
absolute privilege - Answers-privilege that cannot be lost
abuse of process - Answers-use of civil or criminal proceedings for an improper purpose
or for an ulterior motive
actual malice - Answers-requirement that a defamatory statement be made knowing
that it is false or with reckless disregard to its truth or falsity
affirmative defense - Answers-defense to a claim that goes beyond the complaint made
by P and sets out new facts and arguments for why D should win the case or have his
liability reduced
assault - Answers-purposeful act that causes an apprehension of harmful or offensive
contact
attractive nuisance doctrine - Answers-doctrine stating a DOC is owed to trespassing
children who cannot fully appreciate certain dangers and who may be attracted to
artificial conditions or dangerous activities on the premises
automobile consent statutes - Answers-legislative acts that make the owners of
automobiles vicariously liable for negligence of any person to whom auto is entrusted
avoidable consequences doctrine - Answers-where a P is held responsible for any
further injury or harm that, thru his actions, he could have reasonably avoided after
being injured by D's negligence
battery - Answers-purposeful and unwanted harmful or offensive contact with another
person
binding authority - Answers-legal authority that a court must follow in deciding issue at
hand
breach of duty of care - Answers-failure to use reasonable care under the
circumstances, judged by reasonable person standard
breach of warranty - Answers-legal failure to fulfill assurances made in a warranty
case on point - Answers-a previous court decision involving similar facts and legal
issues
causation - Answers-essential element of negligence that limits negligence liability to
harm caused by one's unreasonable acts or omissions
, cause in fact - Answers-"actual cause"; part of causation brought about by an act or
omission without which an event would not have occurred (TWO TESTS: "but for" test
and substantial factor test)
civil law - Answers-system of law dealing with definition and enforcement of all
private/public rights
collateral source rule - Answers-legal doctrine that prohibits D from avoiding liability for
injuries caused to P but compensated for by collateral sources
compensatory damages - Answers-damages intended to make restitution to the injured
party
consent - Answers-P's voluntary willingness to let D's conduct occur and to accept its
consequences
contribution - Answers-the right of a joint tortfeasor who has paid a judgment in full to be
proportionally reimbursed by other joint tortfeasors for their share of the harm
conversion - Answers-intentional exercise of domain and control over another's
personal property which seriously interferes with the owner's right to possession
course and scope of employment - Answers-conduct of an employee performed in the
interests of and on behalf of the employer
covenant not to sue - Answers-legally enforceable promise by P not to sue person in
whose favor the covenant is made
damages - Answers-essential element of negligence that requires a P to demonstrate
that she suffered a legally recognizable physical injury
danger invites rescue doctrine - Answers-legal doctrine under which rescuers who are
injured while coming to another's aid may recover damages from the person who
caused the danger (not victim)
defamation - Answers-published false statements of fact that cause injury to a person's
good name, character, and reputation
defense - Answers-legal reason why a claim should be denied or reduced
defense of others - Answers-right of a person to use reasonable force to prevent an
immediate harmful or offensive contact by another against someone other than himself
absolute immunity - Answers-complete defense from liability
absolute privilege - Answers-privilege that cannot be lost
abuse of process - Answers-use of civil or criminal proceedings for an improper purpose
or for an ulterior motive
actual malice - Answers-requirement that a defamatory statement be made knowing
that it is false or with reckless disregard to its truth or falsity
affirmative defense - Answers-defense to a claim that goes beyond the complaint made
by P and sets out new facts and arguments for why D should win the case or have his
liability reduced
assault - Answers-purposeful act that causes an apprehension of harmful or offensive
contact
attractive nuisance doctrine - Answers-doctrine stating a DOC is owed to trespassing
children who cannot fully appreciate certain dangers and who may be attracted to
artificial conditions or dangerous activities on the premises
automobile consent statutes - Answers-legislative acts that make the owners of
automobiles vicariously liable for negligence of any person to whom auto is entrusted
avoidable consequences doctrine - Answers-where a P is held responsible for any
further injury or harm that, thru his actions, he could have reasonably avoided after
being injured by D's negligence
battery - Answers-purposeful and unwanted harmful or offensive contact with another
person
binding authority - Answers-legal authority that a court must follow in deciding issue at
hand
breach of duty of care - Answers-failure to use reasonable care under the
circumstances, judged by reasonable person standard
breach of warranty - Answers-legal failure to fulfill assurances made in a warranty
case on point - Answers-a previous court decision involving similar facts and legal
issues
causation - Answers-essential element of negligence that limits negligence liability to
harm caused by one's unreasonable acts or omissions
, cause in fact - Answers-"actual cause"; part of causation brought about by an act or
omission without which an event would not have occurred (TWO TESTS: "but for" test
and substantial factor test)
civil law - Answers-system of law dealing with definition and enforcement of all
private/public rights
collateral source rule - Answers-legal doctrine that prohibits D from avoiding liability for
injuries caused to P but compensated for by collateral sources
compensatory damages - Answers-damages intended to make restitution to the injured
party
consent - Answers-P's voluntary willingness to let D's conduct occur and to accept its
consequences
contribution - Answers-the right of a joint tortfeasor who has paid a judgment in full to be
proportionally reimbursed by other joint tortfeasors for their share of the harm
conversion - Answers-intentional exercise of domain and control over another's
personal property which seriously interferes with the owner's right to possession
course and scope of employment - Answers-conduct of an employee performed in the
interests of and on behalf of the employer
covenant not to sue - Answers-legally enforceable promise by P not to sue person in
whose favor the covenant is made
damages - Answers-essential element of negligence that requires a P to demonstrate
that she suffered a legally recognizable physical injury
danger invites rescue doctrine - Answers-legal doctrine under which rescuers who are
injured while coming to another's aid may recover damages from the person who
caused the danger (not victim)
defamation - Answers-published false statements of fact that cause injury to a person's
good name, character, and reputation
defense - Answers-legal reason why a claim should be denied or reduced
defense of others - Answers-right of a person to use reasonable force to prevent an
immediate harmful or offensive contact by another against someone other than himself
