| Civil Law |
| #1 |
Which party files a civil lawsuit? |
Plaintiff |
| #2 |
What is a mutual agreement between two sides in a civil lawsuit that ends the dispute? |
Settlement |
| #3 |
What is usually the goal of the party that files a civil lawsuit? |
That the other side will be found liable and owe money damages (sometimes an injunction) |
| #4 |
What is the standard of proof in civil cases? |
Preponderance of the evidence |
| #5 |
What type of responsibility best describes the idea of liability? |
Legal responsibility for harm |
| Tort Basics |
| #1 |
Which type of tort occurs when a person acts with the intent of injuring a person, his property, or both? |
Intentional Tort |
| #2 |
Which type of tort occurs as a result of a person’s failure to use “reasonable care” that causes harm to another? |
Negligence |
| #3 |
Which type of tort occurs if an injury results from an activity so dangerous that there is a serious risk of harm even if a person acts with the utmost care? |
Strict Liability |
| #4 |
What tort doctrine occurs when a person intends to harm one person but actually harms another? |
Transferred Intent |
| #5 |
What tort doctrine occurs when a person with extreme physical susceptibility is harmed in tort by another, which would not have caused harm against a person without such a susceptibility? |
Thin Skull Doctrine (Take your victim as he exists) |
| Intentional Torts Against Persons |
| #1 |
What tort has occurred if a person intends to make contact with another and acts in a way that causes harmful or offensive contact against her? |
Battery |
| #2 |
What tort has occurred if a person threatens to make contact with another and acts in a way that causes her to fear that harmful or offensive contact will occur? |
Assault |
| #3 |
What tort has occurred if a person releases his violent pit bull on a neighbor, trapping him in his car for an extended period of time, and causing him to miss an important business meeting? |
False Imprisonment |
| #4 |
What tort has occurred if A plays a joke on B and tells B that a loved one was killed in a violent car crash and then shows pictures of an unrecognizable dead body, causing B to suffer a heart attack? |
Intentional Infliction of Emotional Distress |
| #5 |
What tort has occurred if a store manager stops a shoplifter from leaving his store by blocking the doorway until the police arrive to arrest him 10-minutes later? |
No Tort (Shop Keeper's Privilege to False Imprisonment) |
| Intentional Torts Against Property |
| #1 |
What tort occurs when a person intentionally enters onto the land owned by another person without permission? |
Trespass to Land |
| #2 |
What tort occurs when a person’s intentional action causes substantial and unreasonable interference with another person’s use and enjoyment of his real property? |
Nuisance |
| #3 |
What tort occurs when a police officer, investigating a suspicious persons call, enters the property of another without permission? |
No tort- the police officer had a privilege to enter the property |
| #4 |
What tort occurs when a person permanently deprives another of his property and then materially alters the property, requiring a forced sale? |
Conversion |
| #5 |
What tort occurs when a person intentionally moves someone else’s personal property to temporarily deprive him of the use of his property? |
Trespass to Chattels |
| Tort Hypos |
| #1 |
Has the tort of battery occurred if Oliver taps Evan on the shoulder to inform him that he dropped his wallet? |
No because a reasonable person would not have found the contact offensive |
| #2 |
Jake ran an automotive garage near Ned’s property, where he farmed three acres of land in order to sell his produce at a local farm stand. One day Ned found out that oil had been leaking from Jake’s garage onto his land and that it would be unsafe for him to continue farming on his property until the contamination is remediated. The cost of the remediation would be $135,000. Which tort(s), if any, have occurred? |
Private Nuisance |
| #3 |
Donald stepped onto his neighbor Stanley’s property without receiving permission and picked 23 tomatoes from Stanley’s garden. He then used the tomatoes to make marinara sauce. Which tort(s), if any, have occurred? |
Trespass to Land and Conversion |
| #4 |
Donald stepped onto his neighbor Stanley’s property to tend to Stanley’s garden. Stanley paid Donald $10 per day to water, weed, and tend to his garden. While there, Donald took it upon himself to pick 23 tomatoes from Stanley’s garden in order to make marinara sauce to give to Stanley as a surprise birthday present. Stanley was furious that Donald did this without his permission. Which tort(s), if any, have occurred? |
Conversion |
| #5 |
Scott owned land near an old lead mine. The mine shaft openings were located near the center of his property and consisted of five square holes in the ground. On several occasions he chased small children away from the area, yelling: “the mine shafts are unsafe and not a playground.” Despite this, the children continue to go onto his land and play near, and sometimes in, the mine shafts. What duty, if any, does Scott have towards the kids? |
This is an Attractive Nuisance so Scott must use reasonable care to eliminate the dangerous conditions on his property |
