Tort - Answers Civil wrong other than breach of contract that causes harm.
Intentional Tort - Answers Requires intent to act + resulting harm (ex: assault, battery, false
imprisonment, defamation).
Negligence - Answers Failure to exercise reasonable care.
Elements of Negligence - Answers Duty, Breach, Causation, Damages.
Duty - Answers Legal obligation to act with reasonable care.
Breach - Answers Failure to meet the required standard of care.
Actual Cause (Cause in Fact) - Answers 'But for' test.
Proximate Cause - Answers Foreseeable result of the defendant's actions.
Compensatory Damages - Answers Money to compensate for actual loss.
Special Damages - Answers Economic losses (medical bills, lost wages).
General Damages - Answers Non-economic losses (pain and suffering).
Punitive Damages - Answers Punish and deter extreme misconduct.
Defenses to Torts - Answers Consent, Self-defense, Defense of others, Defense of property,
Necessity.
Contributory Negligence - Answers Plaintiff barred from recovery if even slightly at fault.
Comparative Negligence - Answers Damages reduced by plaintiff's percentage of fault.
Pure Comparative Negligence - Answers Plaintiff can recover even if mostly at fault.
50% Rule (Modified Comparative) - Answers Plaintiff barred if 50% or more at fault.
Landowner Duties - Answers Invitee - highest duty (inspect + warn), Licensee - warn of known
dangers, Trespasser - avoid intentional harm.
Professional Standard of Care - Answers Skill and knowledge normally possessed by members of that
profession.
Strict Liability - Answers Liability without proving negligence.
Abnormally Dangerous Activity - Answers High risk activity that cannot be made safe (ex: explosives).
Strict Product Liability - Answers Product was defective, Defect existed when it left defendant,
Product caused injury.
Misrepresentation - Answers False statement about product that causes harm.
Manufacturing Defect - Answers Product differs from intended design.
Design Defect - Answers Entire product line is unreasonably dangerous.
Failure to Warn - Answers Inadequate instructions or warnings.
Defenses in Product Liability - Answers Assumption of risk, Product misuse, Comparative negligence.
Intellectual Property - Answers Legal protection for creations of the mind.
Trademark - Answers Word, symbol, or design identifying source of goods.
Trademark Established By - Answers Use in commerce.
Trademark Infringement - Answers Unauthorized use causing likelihood of confusion.
Trademark Dilution - Answers Use that weakens a famous mark.
Factors for Infringement - Answers Similarity, Strength of mark, Actual confusion, Intent.
Trademark Registration Benefits - Answers Nationwide notice, Right to sue in federal court,
Presumption of ownership.
Patent - Answers Exclusive right to invention.
Patent Requirements - Answers Novel, Useful, Non-obvious.
Patent Protection Length - Answers 20 years (utility patent).
Patent Infringement - Answers Unauthorized making, using, or selling patented invention.
Copyright - Answers Protection for original works of authorship.
Copyright Established By - Answers Automatic upon fixation in tangible form.
Copyright Duration - Answers Life of author + 70 years.
Copyright Infringement - Answers Unauthorized copying of protected expression.
Fair Use Doctrine - Answers Limited use for criticism, news, teaching, research.
First Sale Doctrine - Answers Owner can resell lawfully purchased copy.
Trade Secret - Answers Confidential business information with economic value.
Trade Secret Misappropriation - Answers Improper acquisition or disclosure.
Felony - Answers Serious crime, punishment over 1 year.
Misdemeanor - Answers Less serious crime, punishment under 1 year.
Fourth Amendment - Answers Protection against unreasonable searches and seizures.