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LEB 323 Exam 2024-Questions with 100% Correct Answers| Verified
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LEB 323 Exam 2024-Questions with 100% Correct Answers| Verified
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LEB 323 Exam 2024-Questions with 100%Correct Answers| Verified
3 Bystander Test -✔✔1. Whether plaintiff was located near the scene of the accident
2. Whether the emotional shock resulted from a contemporaneous perception of the accident
(as opposed to hearing about it later)
3. whether plaintiff and victim were closely related
Are punitive damages awarded in negligence based lawsuits? -✔✔No. Defendant is guilty of
mere carelessness so punitive damages are viewed as inappropriate
In _______ torts, punitive damages are available to plaintiffs -✔✔intentional
Texas Wrongful Death Statute -✔✔allows a surviving spouse, children, and parents to sue
the perpetrator for their damages, including emotional damages
3 types of defenses -✔✔1. contributory negligence
2. comparative fault
3. texas statute: p can recover from d the percentage of damages caused by p unless ps fault
exceeds 50%
statute of limitations usually ____ years in negligence cases -✔✔2
statute of limitations - typically tolled until ____________ -✔✔knows or should have known
of the injury
The Law of Torts is grounded in -✔✔the concept of rights
,Tort law governs the interplay between -✔✔rights and duties
Assault definition: -✔✔threat of immediate bodily injury arousing apprehension
Assault - interest protected? -✔✔right to freedom from fear
Battery definition -✔✔rude, inordinate physical contact with the person of another
Batter - interest protected? -✔✔freedom from unpermitted contacts
Elements of battery and assault (3) -✔✔1. affirmative conduct by D
2. Intent
3. Actual harm to P
assault - apprehension
battery - rude contact
The law of torts is grounded in the concept of -✔✔rights
Tort Law governs the interplay between -✔✔rights and duties
Privilege of self-defense (and defense of others) general rule -✔✔you can use reasonable
force under the circumstances
Define: Defamation -✔✔a false communication that tends to lower P's esteem in the eyes of
others
2 Types of Defamation -✔✔Slander
, Libel
Slander = ? -✔✔oral
Libel = ? -✔✔written
Defamation: interest protected -✔✔right to a good reputation
3 elements of defamation -✔✔1. D published a statement of fact
2. The statement referred to P
3. The statement was defamatory
2 components of "the statement was defamatory" -✔✔1. False statement
2. Tend to injure P's reputation (and thereby expose P to public hatred, contempt, ridicule, or
financial injury or to impeach P's honesty, integrity, virtue or reputation)
Business disparagement -✔✔company can sue for defamation if their reputations are injured
.....and for tort of business disparagement if their economic or commercial interests are injured
by false statements
Defense to defamation: Good faith mistake -✔✔the burden is on P to prove that D acted
with malice if D raises a good faith mistake defense
What if a defendant speaks or writes about public officials and public figures -✔✔first
amendment protects D, unless they speak with "malice"
they knew or should have known that what they said was false
Amendment that protects you from speaking or writing about public officials and figures -
✔✔first
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