Section 1
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Defenses to the tort of battery include
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Last updated
7 years ago
Date created
Mar 1, 2020
Cards (74)
Section 1
(50 cards)
Defenses to the tort of battery include
Unintentional conduct, consent, defense of the self
The Erin Andrews case discussed in class involved which of the following
Intrusion
Which of the following is NOT a defense to the tort of negligence
consent
Proximate cause deals with
Reasonably foreseeable causation
The most likely defense to a frivolous lawsuit would be a counterclaim for
Abuse of process
Appropriation is
A tort that is typically reserved for celebrities and other public figures
What duty is owed to a stranger in peril?
None
Strict liability is typically seen in
Dog
Trespass to property
involves a minor interference with personal property of another
Self defense
Allows the use of lethal forces in some circumstances
Comparative negligence
A legal theory that reduces the plaintiffs recovery by their percentage of fault, up to 50%, beyond which point they recover nothing.
actual malice is required
In the tort of defamation when the plaintiff is a public figure
Assault requires
Placing someone in fear of an imminent harmful contact
When establishing a duty of care, how many of the above ways must be proven?
1
Assumption of the risk is
A defense involving inherently risky activities
In negligence action, the legal doctrine that allows a plaintiff to collect the entire judgement from any of the defendants (when there are more than one defendant) is known as
Joint and several liability
Negligence is an intentional tort
false
A battery can occur
With unintentional contact BUT intentional contact
Trespass to land
Involves the trespass onto realestate of another
In order to prove the tort of negligence, the plaintiff must
Show that the defendant breached a duty of care
Defamation is a tort that
can be either spoken or written
The "castle rule"
Is an exception to the rule that one must first exhaust their means of escape before they can defend themselves
Joint and several liability is
A theory where each defendant is responsible for the entire judgement
Assault is a tort that is
An intentional tort
In contact sports, the defense most likely used against a battery would be
Consent
Negligence serves the purposes of tort law by
Compensating the plaintiff, punishing the defendant, deterring wrongful conduct
How many different types of causation are there in a negligence case?
2
Intentional inlfiction of emotional distress
Requires proof of extreme and outrageous conduct, requires severe emotional distress, typically requires emotional distress be proven with medical testimony
How many elements are there to the tort of negligence
4
Causation refers to
Legal causation, "but for" causation, proximate causation
Battery is a tort
that requires contact
Fraud requires
the defendants knowledge that the statement is false
The shopkeeper's privilege is a defense to which of the following
False imprisonment
Contributory negligence is
A defense to the tort of negligence
Conversion is a tort that
Involves a major interference with personal property of another
Defenses to the tort of defamation include
opinion vs fact
The standard used to evaluate whether an assault has occurred is
An objective standard
A battery can
Occur by itself or with an assault
How many must be be established to prevail in a negligence case
2
Trespass to land
Is a property tort that is broader than simply realstate
A duty of care can be created by
voluntary conduct
Contributory negligence is
a defense that negates a plaintiffs recover totally if the plaintiff is even the slightest bit at fault
A duty of care can be established how many different ways?
3
Strict liability is
A legal theory where a defendant is automatically liable in certain situations
Negligence is a
unintentional tort
How many elements of the tort of negligence must be proven in order to prevail in a negligence case
4
Slander is typically
harder to prove than libel
The defense used in question above gets negated when
The contact is not reasonably foreseeable
Assumption of the risk is
A defense to the tort of negligence
The Standard of care in a negligence case is
Objective
Section 2
(24 cards)