V184 Exam 3
Torts -(correct answer)--wrongful acts for which an injured party has the right to sue (how
people sue each other) --civil wrong that causes harm to person or property Torts include
-(correct answer)1) civil and criminal matters 2) verifiable harm 3) dispute over rights of person
or property of gov Negligence elements -(correct answer)1) Degree of Duty 2) Standard of
Care 3) Proximate Cause Duty ==> Breach ==> Damages Degree of Duty -(correct
answer)risk of injury; foreseeable to cause harm Standard of Care -(correct answer)exercise
reasonable care Proximate Cause -(correct answer)compensable injury Tort Reform -(correct
answer)limit on what you can sue for and how much; proposed judicial change to reduce tort
litigation or damages 2 kinds of Damages -(correct answer)Compensatory & Punitive
Compensatory Damages -(correct answer)provide plaintiff w/ the monetary amount necessary
to replace what was lost, nothing more Punitive Damages -(correct answer)additional
damages that defendant pays for actions deemed grossly improper, ie. gross negligence
(plaintiff gets 25% and state gets 75%) Strict Liability -(correct answer)liability without fault;
narrow area of tort (usually used against manufacturers) Gross Negligence -(correct
answer)voluntary disregard of reasonable care, likely to cause injury Negligence Per Se
-(correct answer)a category of offenses involving the violation of a statute that is designed to
protect the public from a specific type of harm Escola V. Coca Cola -(correct answer)Escola
got a gash from a Coke bottle, Coke was found liable, Escola won using res ipsa loquitor Res
Ipsa Loquitur -(correct answer)"the thing speaks for itself"; the doctrine that suggests
negligence can be presumed if an event happens that would not ordinarily happen unless
someone was negligent Are manufacturers more likely to be responsible for damages? Why?
-(correct answer)Yes, they are in a better position to compensate and consumers can't check
everything Palsgraf v. Long -(correct answer)Palsgraf was on a railroad track when another
man carrying a brief case full of fireworks was pulled onto the train by an employee, the brief
case exploded and hurt Palsgraf who tried to sue the train station, the court found the station
not negligent because it was not forseeable Cause-in-fact -(correct answer)determined by the
"but for" test: But for the action, the result would not have happened Proximate cause -(correct
answer)the legal connection between unreasonable conduct and the resulting harm;
foresee-ability and harm within the risk Foresee-ability -(correct answer)could the harm be
reasonably predicted? Schafer v. Hoffman -(correct answer)Schafer hit Hoffman's with a car
and got sued, Schafer appealed saying he had preexisting conditions so her injuries now
wouldn't be as bad, court found Schafer liable for all injuries, eggshell rule Egg Shell Rule
-(correct answer)can't escape liability due to pre-existing conditions Defamation (two elements)
-(correct answer)False statement about someones reputation; Libel or Slander Libel -(correct
answer)written defamation Slander -(correct answer)spoken defamation Respondeat Superior
-(correct answer)"let the master answer"; makes an employer liable for the actions of
employees, within the scope of employment When is scope outside of employment? -(correct
answer)when an employee substantially departs from work routine solely for their own benefit
Torts -(correct answer)--wrongful acts for which an injured party has the right to sue (how
people sue each other) --civil wrong that causes harm to person or property Torts include
-(correct answer)1) civil and criminal matters 2) verifiable harm 3) dispute over rights of person
or property of gov Negligence elements -(correct answer)1) Degree of Duty 2) Standard of
Care 3) Proximate Cause Duty ==> Breach ==> Damages Degree of Duty -(correct
answer)risk of injury; foreseeable to cause harm Standard of Care -(correct answer)exercise
reasonable care Proximate Cause -(correct answer)compensable injury Tort Reform -(correct
answer)limit on what you can sue for and how much; proposed judicial change to reduce tort
litigation or damages 2 kinds of Damages -(correct answer)Compensatory & Punitive
Compensatory Damages -(correct answer)provide plaintiff w/ the monetary amount necessary
to replace what was lost, nothing more Punitive Damages -(correct answer)additional
damages that defendant pays for actions deemed grossly improper, ie. gross negligence
(plaintiff gets 25% and state gets 75%) Strict Liability -(correct answer)liability without fault;
narrow area of tort (usually used against manufacturers) Gross Negligence -(correct
answer)voluntary disregard of reasonable care, likely to cause injury Negligence Per Se
-(correct answer)a category of offenses involving the violation of a statute that is designed to
protect the public from a specific type of harm Escola V. Coca Cola -(correct answer)Escola
got a gash from a Coke bottle, Coke was found liable, Escola won using res ipsa loquitor Res
Ipsa Loquitur -(correct answer)"the thing speaks for itself"; the doctrine that suggests
negligence can be presumed if an event happens that would not ordinarily happen unless
someone was negligent Are manufacturers more likely to be responsible for damages? Why?
-(correct answer)Yes, they are in a better position to compensate and consumers can't check
everything Palsgraf v. Long -(correct answer)Palsgraf was on a railroad track when another
man carrying a brief case full of fireworks was pulled onto the train by an employee, the brief
case exploded and hurt Palsgraf who tried to sue the train station, the court found the station
not negligent because it was not forseeable Cause-in-fact -(correct answer)determined by the
"but for" test: But for the action, the result would not have happened Proximate cause -(correct
answer)the legal connection between unreasonable conduct and the resulting harm;
foresee-ability and harm within the risk Foresee-ability -(correct answer)could the harm be
reasonably predicted? Schafer v. Hoffman -(correct answer)Schafer hit Hoffman's with a car
and got sued, Schafer appealed saying he had preexisting conditions so her injuries now
wouldn't be as bad, court found Schafer liable for all injuries, eggshell rule Egg Shell Rule
-(correct answer)can't escape liability due to pre-existing conditions Defamation (two elements)
-(correct answer)False statement about someones reputation; Libel or Slander Libel -(correct
answer)written defamation Slander -(correct answer)spoken defamation Respondeat Superior
-(correct answer)"let the master answer"; makes an employer liable for the actions of
employees, within the scope of employment When is scope outside of employment? -(correct
answer)when an employee substantially departs from work routine solely for their own benefit
