| Tort Damages |
| #1 |
What types of tort damages are money damages to make up, or compensate, for harm caused, like direct damages, lost wages, or “pain and suffering”? |
Compensatory Damages |
| #2 |
What types of tort damages are intended to punish the defendant for his malicious, willful, or outrageous acts? |
Punitive Damages |
| #3 |
What types of tort damages are token damages, like $1? |
Nominal Damages |
| #4 |
In negligence actions in Massachusetts, if the plaintiff is 55% at fault, what is the result? |
Plaintiff cannot recover due his fault under Comparative Negligence |
| #5 |
In negligence actions in Massachusetts, if the plaintiff is 35% at fault, what is the result? |
Plaintiff's award will be reduced due to his own fault under Comparative Negligence to 65% |
| Duty & Breach |
| #1 |
In most cases, what is the general duty of care owed towards other people in society? |
Duty of reasonable care under the circumstances |
| #2 |
When someone fails to act according to his legal duty, what has occurred |
Breach of duty |
| #3 |
What is the general duty of care owed by a landowner towards guests on his property? |
Duty to warn of known dangers |
| #4 |
The duty to use reasonable care to eliminate dangerous conditions on the land under the doctrine of attractive nuisance exists to reduce the risk of injury to whom? |
Trespassing children |
| #5 |
Which five elements must a plaintiff in a negligence action prove? |
Duty, Breach, Actual Cause, Proximate Cause, Damages |
| Causation |
| #1 |
What is also known as a “but for” causation in negligence actions? |
Cause in Fact or Actual Cause |
| #2 |
What type of negligence causation considers foreseeability? |
Proximate Cause |
| #3 |
André is a wrestler. One day while he is wrestling at an arena, the roof collapses on his head. Can he recover damages for his injuries? |
André can recover if he can prove that the property owner breached his duty of reasonable care in failing to maintain his roof |
| #4 |
A is smoking a cigarette and flicks the lit cigarette into the mulch in front of a vacant building, which catches fire and is destroyed. B, the building owner sues A for negligence; can he recover and why? |
Yes because A breached her duty of reasonable care and the fire was foreseeable |
| #5 |
A is smoking a cigarette and flicks the lit cigarette into the mulch in front of a vacant building, which catches fire and is destroyed. The fire spreads and burns down 6-city blocks. Can the owners of all of the destroyed buildings recover in negligence against A and why? |
No because although A breached her duty of reasonable care, the burning of half of the city was not foreseeable |
| Tort Defenses |
| #1 |
What tort defense occurs when the plaintiff agreed to the harmful conduct and gives up his right to sue later? |
Consent |
| #2 |
What tort defense is a justification for taking certain action in order to protect one’s safety? |
Necessity |
| #3 |
In negligence actions if the plaintiff voluntarily assumed a known risk or danger, what is the result? |
Assumption of the Risk |
| #4 |
Oliver is an off-duty doctor who just ended his shift. As he walked down the street he noticed a man choking on a piece of taffy. Tired and not wanting to be bothered, Oliver continued walking home without stopping. The man choked to death. Did Oliver have a duty to help the choking man, why or why not? |
No, Oliver had no duty towards the man, and therefore, cannot be held legally responsible for failing to act |
| #5 |
In self-defense, when may deadly force be used? |
To protect oneself only if it is reasonably believed that imminent death or serious bodily harm is certain to result |
| Intellectual Property |
| #1 |
What tort occurs when a person communicates or publishes a statement to a third party about another person that injures that person’s reputation, subjects him to ridicule, and causes him damages? |
Defamation |
| #2 |
What protects original inventions or designs, giving the inventor exclusive ownership for a period of time? |
Patent |
| #3 |
What protects a creative expression that is permanently fixed (written, recorded, painted, stored on computer, etc.), giving the owner exclusive rights to the expression? |
Copyright |
| #4 |
What protects a symbol or words legally registered or established by use, which represents a company or product and gives the owner exclusive right to use it? |
Trademark |
| #5 |
What is the legal term for written defamation? |
Libel |
