AIC 301 EXAM: LATEST A+ QUESTIONS AND ANSWERS
BREAKDOWN
A lawsuit by or on behalf of a child with birth defects, alleging that, but for the doctor-defendant's
negligent advice, the parents would not have conceived the child or would have terminated the
pregnancy so as to avoid the pain and suffering resulting from the child's defects.
Wrongful-life action
A lawsuit by a parent for damages resulting from a pregnancy following a failed sterilization.
Wrongful-pregnancy action (wrongful-conception action)
The improper institution of legal proceedings against another.
Malicious prosecution
The use of civil or criminal procedures for a purpose for which they were not designed.
Malicious abuse of process
Unauthorized entry to another person's real property or forcible interference with another person's
personal property.
Trespass
All tangible or intangible property that is not real property.
Personal property
An unreasonable and unlawful interference with another's use or enjoyment of his or her real
property.
Private nuisance
An act, occupation, or structure that affects the public at large or a substantial segment of the public,
interfering with public enjoyment or rights regarding property.
Public nuisance
Purposeful interference with another party's enjoyment of his or her property.
Intentional nuisance
An act, occupation, or structure that is a nuisance at all times and under any conditions, regardless of
location or surroundings.
Nuisance per se
The unlawful exercise of control over another person's personal property to the detriment of the
owner.
Conversion
, Tangible, movable personal property.
Chattel
Liability imposed by a court or by a statute in the absence of fault when harm results from activities or
conditions that are extremely dangerous, unnatural, ultrahazardous, extraordinary, abnormal, or
inappropriate.
Strict liability (absolute liability)
An activity that is inherently dangerous; if harm results, the performer may be held strictly liable.
Ultrahazardous activity (abnormally dangerous activity)
A civil wrong arising from exposure to a toxic substance.
Toxic tort
The body of law that deals with the environment's maintenance and protection.
Environmental law
A manufacturer's or seller's liability for harm suffered by a buyer, user, or bystander as a result of a
product that has a dangerous manufacturing defect or design defect or that is not accompanied by a
warning of an inherent hidden danger.
Products liability
An explicit statement about a product by the seller that the buyer or other user may rely on and that
provides a remedy in the event the product does not perform as claimed.
Express warranty
An obligation that the courts impose on a seller to warrant certain facts about a product even though
not expressly stated by the seller.
Implied warranty
A plaintiff's voluntary use of a defective product with knowledge of the potential danger resulting
from the defect.
Active negligence
A plaintiff's failure to discover a product defect or to guard against a possible defect.
Passive negligence
Two or more parties who act together to commit a tort or who commit separate torts that combine to
cause an injury or loss.
Joint tortfeasors
An expanded liability concept requiring each member of an industry responsible for manufacturing a
harmful or defective product to share liability when a manufacturer at fault cannot be identified.
BREAKDOWN
A lawsuit by or on behalf of a child with birth defects, alleging that, but for the doctor-defendant's
negligent advice, the parents would not have conceived the child or would have terminated the
pregnancy so as to avoid the pain and suffering resulting from the child's defects.
Wrongful-life action
A lawsuit by a parent for damages resulting from a pregnancy following a failed sterilization.
Wrongful-pregnancy action (wrongful-conception action)
The improper institution of legal proceedings against another.
Malicious prosecution
The use of civil or criminal procedures for a purpose for which they were not designed.
Malicious abuse of process
Unauthorized entry to another person's real property or forcible interference with another person's
personal property.
Trespass
All tangible or intangible property that is not real property.
Personal property
An unreasonable and unlawful interference with another's use or enjoyment of his or her real
property.
Private nuisance
An act, occupation, or structure that affects the public at large or a substantial segment of the public,
interfering with public enjoyment or rights regarding property.
Public nuisance
Purposeful interference with another party's enjoyment of his or her property.
Intentional nuisance
An act, occupation, or structure that is a nuisance at all times and under any conditions, regardless of
location or surroundings.
Nuisance per se
The unlawful exercise of control over another person's personal property to the detriment of the
owner.
Conversion
, Tangible, movable personal property.
Chattel
Liability imposed by a court or by a statute in the absence of fault when harm results from activities or
conditions that are extremely dangerous, unnatural, ultrahazardous, extraordinary, abnormal, or
inappropriate.
Strict liability (absolute liability)
An activity that is inherently dangerous; if harm results, the performer may be held strictly liable.
Ultrahazardous activity (abnormally dangerous activity)
A civil wrong arising from exposure to a toxic substance.
Toxic tort
The body of law that deals with the environment's maintenance and protection.
Environmental law
A manufacturer's or seller's liability for harm suffered by a buyer, user, or bystander as a result of a
product that has a dangerous manufacturing defect or design defect or that is not accompanied by a
warning of an inherent hidden danger.
Products liability
An explicit statement about a product by the seller that the buyer or other user may rely on and that
provides a remedy in the event the product does not perform as claimed.
Express warranty
An obligation that the courts impose on a seller to warrant certain facts about a product even though
not expressly stated by the seller.
Implied warranty
A plaintiff's voluntary use of a defective product with knowledge of the potential danger resulting
from the defect.
Active negligence
A plaintiff's failure to discover a product defect or to guard against a possible defect.
Passive negligence
Two or more parties who act together to commit a tort or who commit separate torts that combine to
cause an injury or loss.
Joint tortfeasors
An expanded liability concept requiring each member of an industry responsible for manufacturing a
harmful or defective product to share liability when a manufacturer at fault cannot be identified.
