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Terms in this set (37)
civil wrongs (not criminal wrongs) for which the victims have causes of action against the wrongdoers to recovery money judgments.
a token awarded simply to commemorate the plaintiff's vindication in court
to compensate plaintiff for losses caused by the tortious act
when the defendant's tortious conduct is especially outrageous and the court wants to punish to prevent future wrongdoings
wrongful death statutes
authorize recovery for health itself
authorize recovery for losses incurred by the victim between the time of injury and the subsequent death.
May a minor be held liable for battery if the intent was present?
operates to impose liability when a defendant has the intent to commit assault, battery, false imprisonment, trespass to land, or trespass to chattels and harm results to another person or property.
an actor is subject to liability to another for ____ if:
a. he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, AND
b. a harmful contact with the person of the other directly or indirectly results.
objective test for battery
in order that a conduct be offensive to a reasonable sense of personal dignity, it must be one which would offend the ordinary person and as such one not unduly sensitive as to his personal dignity. It is a contact that is unwarranted by the social usages prevalent at the time and place at which it was inflicted
someone who has a peculiar vulnerability to injury, the plaintiff may recover all his damages notwithstanding the lack of foreseeability of the ultimate injury
Is actual physical contact necessary to constitute a battery? (if it is close to your body, anything you are holding is connected to your body)
an actor is subject to liability of another for ____ if:
a. he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact AND
b. the other is thereby put in such imminent apprehension
an actor is subject to liability to another for _____ if:
a. he acts intending to confine the other or a third person within the boundaries fixed by the actor, and
b. his act directly or indirectly results in such a confinement of the other, and
c. the other is conscious of the confinement or is harmed by it.
common law rules and statutes give merchants special privileges to detain suspected shoplifters are pervasive throughout the United States. 1. a reasonable belief a person has stolen or is attempting to steal; 2. detention for a reasonable time; and 3. detention in a reasonable manner.
based on the first impression; accepted as correct until proved otherwise.
1. the conduct must be intentional or reckless; 2. the conduct must be extreme or outrageous; 3. there must be a causal connection between the wrongful conduct and the emotional distress; 4. the emotional distress must be severe.
defenses a defendant can use to escape liability for what would otherwise be a valid case for the defendant.
a type of privilege that 1. willingness in factor conduct to occur. it may be manifested by action or inaction and need not be communicated to the actor; 2. if words or conduct are reasonably understood by another to be intended as consent, they constitute apparent _____ and are as effective as ____ in fact.
______ through actions and behavior and is considered to be the same as actual/verbal agreement.
Can misrepresentations about collateral facts will not invalidate consent?
Can courts invalidate consent when someone is threatened or when consent is given to protect a loved one from harm?
a process for getting permission before conducting a healthcare intervention on a person.
The plaintiff must prove:
1. the defendant failed to inform the plaintiff about a material risk; 2. the plaintiff, would not have consented to the therapy utilized by the doctor if he/she had been told; and 3. the adverse consequences that would that were not made known actually occurred and the plaintiff was injured as a result of submitting to treatment.
reasonable patient test
the scope of a physician's communications must be measured by his patient's need to know enough to enable him to make an intelligent choice. Full disclosure of material risks incident to treatment.
reasonable doctor test
requires expert testimony by other doctors testifying of the success rate of the surgery and if the patient should have been informed.
a risk is _____ if it would be likely to affect the patient's decision
but for causation
she would not have consented but for she was informed of the material risks
reasonable person test (causation)
majority of states where it is up to the reasonable person whether if they had been informed they would/would not have had the procedure
subjective test (causation)
if the patient had been informed, the patient would not have consented to the procedure
when the actions of the employee transfer liability to the employer if the activities were in the scope of employment.
A. an actor is privileged to use reasonable force, not intended or likely to cause death or serious bodily harm, to defend himself against unprivileged harmful or offensive contact or other bodily harm which he reasonably believes that another is about to inflict intentionally upon him.
B. this is privileged under the conditions above, although the actor correctly or reasonable believes that he can avoid the necessity of so defending himself by either retreating or copying with a command.
a defendant, who is the initial aggressor, can lose the right to claim self defense unless the defendant abandons the fight and gives notice to his adversary that has done so
Can a person trying to protect their property use force calculated to cause death or serious bodily injury, except where there is also a threat of personal safety that justifies self defense.
self help privilege
a possessor may act promptly to recover chattel if it is still in hot pursuit, but once immediacy is lost, this privilege is gone; mistake is not available
affirmative defense and privilege to perform/commit a tort to protect oneself. It is different from self defense because it is a tort committed against an innocent third party to save oneself.
1. an intentional tort is being committed for protection or to prevent greater harm, AND
2. the intentional tort is being committed against an innocent third party
when someone commits tort against innocent third party in order to protect a group of people. If public, you don't have to pay for actual damage you have caused.
you do have to pay for actual damage you caused. The benefit is the legal right to do something to avoid greater harm.
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