LEB 320F Exam with 100% correct Answers
Tort - Answer -Civil wrongs recognized by law as grounds for lawsuit primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms
Types of Tort Law - Answer -Intentional : did it on purpose Negligent : careless harm
Intentional Torts - Answer -Careless - speeding Reckless- DWI
Compensatory Damages - Answer -Payments that correspond to the severity of the damage Provide a plaintiff with the monetary amount necessary to replace what was lost, and nothing more
Punitive Damages - Answer -Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is
intended to punish the wrongdoer.
Negligence per se - Answer -1. Show that the person you're suing broke a safety law and that led directly to your injury and they failed to live up to your duty of care: this gives you a much stronger position as a plaintiff because you dont have depend on the jury
2. Causation: The person you are suing caused your problem- use Cause in Fact
Cause in Fact - Answer -Idea that you are apart of a series of events that directly leads to someone being harmed, if you stayed in bed all day would it still have happened
Proximate Causation - Answer -Did the person cause forseeable harm?
Could they have forseen the harm? - If yes, then they are proximate cause
Intentional Tort Cases - Answer -Battery
Assault
Defamation
Battery Tort - Answer -Harmful or offensive bodily contact -This is vague for a reason: dont require juries to view it in the eyes of the plaintiff --> They are a reasonable onlooker
Defense Tort - Answer -...
Assault Tort - Answer -If you make someone afraid that they are about to be a victim of battery
Ex. Guy could pull out a knife but not actually hurt you
Defamation Tort - Answer -When someone lies to damage your reputation --> Has to be false and has to spread to more people
Types of Defamation - Answer -Slander
Libel
Slander - Answer -Spoken defamation (verbal)
Libel - Answer -Written defamation
Slander per se - Answer -Dont need proof of damages if spoken gossip in one of four categories of lies:
1. Lying about crimes
2. Lying about someone having a contagious disease 3. Lying about someones sexual behaviors
4. Lying about someones professional abilities
Elements of a Negligence Case - Answer -1. Duty
2. Breach of Duty
3. Cause in Fact
4. Proximate Cause
5. Damages
Duty of Care - Answer -General legal obligation that everyone owes to another person. Watching out for the general safety of others
3 Types of Guests - Answer -Trespassers: less of a duty of care to them Social: obligation to keep them safe from non obvious dangers Businesses: have an obligation to keep people safe from anything
Breach of Duty - Answer -How did they break the negligence per se doctrine?
Damages - Answer -Have to have measurable losses before you can win
Contributory Negligence Rule - Answer -You BOTH have equal share of blame
BOTH sides get 0
Tort - Answer -Civil wrongs recognized by law as grounds for lawsuit primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms
Types of Tort Law - Answer -Intentional : did it on purpose Negligent : careless harm
Intentional Torts - Answer -Careless - speeding Reckless- DWI
Compensatory Damages - Answer -Payments that correspond to the severity of the damage Provide a plaintiff with the monetary amount necessary to replace what was lost, and nothing more
Punitive Damages - Answer -Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is
intended to punish the wrongdoer.
Negligence per se - Answer -1. Show that the person you're suing broke a safety law and that led directly to your injury and they failed to live up to your duty of care: this gives you a much stronger position as a plaintiff because you dont have depend on the jury
2. Causation: The person you are suing caused your problem- use Cause in Fact
Cause in Fact - Answer -Idea that you are apart of a series of events that directly leads to someone being harmed, if you stayed in bed all day would it still have happened
Proximate Causation - Answer -Did the person cause forseeable harm?
Could they have forseen the harm? - If yes, then they are proximate cause
Intentional Tort Cases - Answer -Battery
Assault
Defamation
Battery Tort - Answer -Harmful or offensive bodily contact -This is vague for a reason: dont require juries to view it in the eyes of the plaintiff --> They are a reasonable onlooker
Defense Tort - Answer -...
Assault Tort - Answer -If you make someone afraid that they are about to be a victim of battery
Ex. Guy could pull out a knife but not actually hurt you
Defamation Tort - Answer -When someone lies to damage your reputation --> Has to be false and has to spread to more people
Types of Defamation - Answer -Slander
Libel
Slander - Answer -Spoken defamation (verbal)
Libel - Answer -Written defamation
Slander per se - Answer -Dont need proof of damages if spoken gossip in one of four categories of lies:
1. Lying about crimes
2. Lying about someone having a contagious disease 3. Lying about someones sexual behaviors
4. Lying about someones professional abilities
Elements of a Negligence Case - Answer -1. Duty
2. Breach of Duty
3. Cause in Fact
4. Proximate Cause
5. Damages
Duty of Care - Answer -General legal obligation that everyone owes to another person. Watching out for the general safety of others
3 Types of Guests - Answer -Trespassers: less of a duty of care to them Social: obligation to keep them safe from non obvious dangers Businesses: have an obligation to keep people safe from anything
Breach of Duty - Answer -How did they break the negligence per se doctrine?
Damages - Answer -Have to have measurable losses before you can win
Contributory Negligence Rule - Answer -You BOTH have equal share of blame
BOTH sides get 0
