flashcards/Torts-Table 1.csv in hemlock-0.0.9 vs flashcards/Torts-Table 1.csv in hemlock-0.1.0
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-Elements of Negligence,"For a plaintiff to win a claim of negligence, he must prove that the following elements: 1) Duty, 2) Standard of Care, 3) Breach of Duty, 4) Actual Cause, 5) Proximate Cause, and 6) Damages."
-Benefit of the Bargain,"In a misrepresentation action, the plaintiff is entitled to damages measured by the difference of what the property was represented at vs. what the property was actually at."
-The 5 elements of intentional torts,"1) A voluntary act, 2) Intent, 3) Causation, 4) Harm or Injury, and 5) Defenses or Privileges"
-Popcans,"1) Privilege, 2) Defense of others, 3) defense of property, 4) consent, 5) authority, 6) Necessity, 7) self-defenses"
-Battery,Battery requires a showing that the defendant committed harmful or offensive contact to the plaintiff or something closely related to the plaintiff.
-Assault,Assault requires a showing that the defendant intentionally places the plaintiff in reasonable apprehension of an imminent battery.
Apprehension,understanding
-False Imprisonment,"False imprisonment is an act that intentionally confines the plaintiff to a bounded area, against the plaintiff’s will and the plaintiff knows of or is injured by the confinement."
-Trespass to Land,Trespass to Land requires a showing that there was physical invasion of the plaintiff’s land.
-Trespass to chattels,Trespass to chattels requires a showing that the defendant intentionally inter-meddles with the chattel of the plaintiff.
+Assault,Assault requires a showing that the defendant intentionally places the plaintiff in reasonable apprehension of an imminent battery.
+Attractive Nuisance,The attractive nuisance doctrine states that a landowner owes a duty to foreseeable minor trespassers.
+Battery,Battery requires a showing that the defendant committed harmful or offensive contact to the plaintiff or something closely related to the plaintiff.
+Benefit of the Bargain,"In a misrepresentation action, the plaintiff is entitled to damages measured by the difference of what the property was represented at vs. what the property was actually at."
+Breach,A breach of duty occurs when the defendant’s conduct is not within the proscribed standard.
+Bystander Liability,"If a plaintiff cannot make a full claim under IIED, he may still recover under the bystander liability doctrine. The bystander liability doctrine requires a showing of either the plaintiff was in the zone of danger, or the plaintiff 1) witnessed a person who is related by either blood or marriage 2) get injured by the defendant, 3) the defendant knew of the plaintiff’s presence and 4) the defendant knew of the close family relationship."
+COA,cause of action
Conversion,Conversion is a trespass to chattels action where the damages ensued require a full market-value replacement of the chattel
-Replevin,Replevin is a remedy that arises to get back personal property one has been dispossessed of.
-Misrepresentation,"1) Intentional, material representation, 2) of past or present fact, 3) made with scienter or knowledge of the misrepresentation, which 4) the plaintiff unjustifiably relies upon"
-Intentional interference with contracts,"1) Defendant know of specific economic advantage, 2) acted to interfere with that economic advantage with improper motives"
-IIED,"IIED is an act that is 1) an intentional or reckless act or omission, 2) so extreme and outrageous, 3) which causes emotional distress that damages the plaintiff."
-Invasion of Privacy,"1) defendant intentionally interferes with the plaintiff’s sphere of privacy, 2) does not require publication, 3) must be offensive to a reasonable person, 4) damages ensued for emotional distress with the potential for punitive damages"
+Defamation,"Defamation is 1) defamatory communication, which must be understood as truthful and reputation-harming, 2) that is directed at the plaintiff, 3) published to a third party."
+Constitutional Defamation,"A defamation cause of action may be limited by the constitution if it involves a public figure or a matter of public concern. A person is a public figure if they obtain pervasive fame or notoriety or if he voluntarily insert himself into a particular public controversy. A matter of public concern is a matter that the public needs to know about. If a matter is about a public figure or a public concern, the plaintiff must prove actual malice which is 1) reckless disregard to the truth or falsity of the statement or 2) knowledge of falsity. "
+Comparative Fault,"Nevada follows partial comparative fault, which states that as long as the plaintiff is not more than 50% liable for his injury, he can still recover."
Defenses to Negligence,"Comparative Negligence, Assumption of the risk, MBE is contributory negligence"
+Duty and Standard of Care,All drivers on the road owe a duty of care to drive reasonably. Reasonableness is judged by what a reasonably prudent person would do. Business owners owe a duty to all business invitees on their property.
+Elements of Negligence,"For a plaintiff to win a claim of negligence, he must prove that the following elements: 1) Duty, 2) Standard of Care, 3) Breach of Duty, 4) Actual Cause, 5) Proximate Cause, and 6) Damages."
+False Imprisonment,"False imprisonment is an act that intentionally confines the plaintiff to a bounded area, against the plaintiff’s will and the plaintiff knows of or is injured by the confinement."
+False light,False light applies when the defendant attributes to the plaintiff views the plaintiff does not hold or actions that the plaintiff does not take that are highly offensive to a reasonable person.
+IIED,"IIED is an act that is 1) an intentional or reckless act or omission, 2) so extreme and outrageous, 3) which causes emotional distress that damages the plaintiff."
Indemnification,When a defendant can collect all the proceeds from another defendant
-Standard of Care,"Business Invitee, Reasonably Prudent Person or Innkeeper"
-COA,cause of action
-NIED,A COA of NIED requires emotional distress with physical damages due to defendant’s negligence.
-Defamation,"Defamatory communication (must be understood as truthful and reputation-harming), directed at the plaintiff, published to a third party."
+Intentional interference with contracts,"1) Defendant know of specific economic advantage, 2) acted to interfere with that economic advantage with improper motives"
+Invasion of Privacy,"1) defendant intentionally interferes with the plaintiff’s sphere of privacy, 2) does not require publication, 3) must be offensive to a reasonable person, 4) damages ensued for emotional distress with the potential for punitive damages"
"Invasion of Privacy,",Where a defendant intentionally interfere’s with the plaintiff’s sphere of privacy
+Misrepresentation,"1) Intentional, material representation, 2) of past or present fact, 3) made with scienter or knowledge of the misrepresentation, which 4) the plaintiff unjustifiably relies upon"
Necessity,"A defendant is permitted to injure plaintiff’s property if it is reasonably necessary to avoid a substantially greater harm to the public, himself or his property."
+Necessity,Private Necessity requires as bowing that the defendant had to enter another person’s land to avoid a greater injury.
Negligence,"In order to win a claim of negligence, the plaintiff must prove a prima facie case that 1) the defendant had a duty with a standard of care, 2) the defendant breached that duty, 3) the breach was the cause-in-fact of the plaintiff’s damages, 4) the breach was the proximate cause of the plaintiff’s damages and 5) damages ensued from the breach. After proving a prima facie case, the plaintiff must then overcome any damages raised by the defendant."
-Duty and Standard of Care,All drivers on the road owe a duty of care to drive reasonably. Reasonableness is judged by what a reasonably prudent person would do. Business owners owe a duty to all business invitees on their property.
-Breach,A breach of duty occurs when the defendant’s conduct is not within the proscribed standard.
Negligence Per Se,"A plaintiff may prove a standard of care and breach via Negligence Per Se, which states that a defendant is automatically liable if he violates a law with conduct that the law was aimed at."
-Necessity,Private Necessity requires as bowing that the defendant had to enter another person’s land to avoid a greater injury.
Negligent Entrustment,Negligent Entrustment requires a showing that the defendant knew that the other party was negligent and he entrusted his chattel to him regardless.
-Bystander Liability,"If a plaintiff cannot make a full claim under IIED, he may still recover under the bystander liability doctrine. The bystander liability doctrine requires a showing of either the plaintiff was in the zone of danger, or the plaintiff 1) witnessed a person who is related by either blood or marriage 2) get injured by the defendant, 3) the defendant knew of the plaintiff’s presence and 4) the defendant knew of the close family relationship."
-Statute of Limitations,"In Nevada, personal injury claims must be brought within two years of the date of the accident/injury, otherwise they will be barred under the statute of limitations. If a minor is injured, he is exempted from the two-year requirement and can sue until two years after he reaches the age of majority, which is 18 in Nevada."
+NIED,A COA of NIED requires emotional distress with physical damages due to defendant’s negligence.
+Popcans,"1) Privilege, 2) Defense of others, 3) defense of property, 4) consent, 5) authority, 6) Necessity, 7) self-defenses"
+Replevin,Replevin is a remedy that arises to get back personal property one has been dispossessed of.
+Res Ipsa Loquitur,"Res Ipsa Loquitor is translated as ‘the act speaks for itself.’ It can be used in a tort cause of action proffered by the plaintiff to show defendant’s liability. It requires 1) the event which caused the plaintiff’s injury would not normally occur absent the defendant’s negligence, 2) it is more likely than not that the defendant’s negligence caused the plaintiff’s injury and 3) that the plaintiff was not responsible for the injury-causing event."
+Standard of Care,"Business Invitee, Reasonably Prudent Person or Innkeeper"
+Statute of Limitations,"In Nevada, personal injury claims must be brought within two years of the date of the accident/injury, otherwise they will be barred under the statute of limitations. If a minor is injured, he is exempted from the two-year requirement and can sue until two years after he reaches the age of majority, which is 18 in Nevada."
+Survival Action,A survival action is one that is brought by the executor of the estate for the pain and suffering felt by the now-deceased tort victim in the last moments of his life.
+The 5 elements of intentional torts,"1) A voluntary act, 2) Intent, 3) Causation, 4) Harm or Injury, and 5) Defenses or Privileges"
+Trespass to chattels,Trespass to chattels requires a showing that the defendant intentionally inter-meddles with the chattel of the plaintiff.
+Trespass to Land,Trespass to Land requires a showing that there was physical invasion of the plaintiff’s land.
+Strict Products Liability,"A commercial supplier owes a strict duty to any foreseeable plaintiff using their product. To hold a commercial supplier liable under strict products liability there must be 1) a strict duty owed by a commercial supplier, 2) the placing of an unreasonably dangerous product into the stream of commerce, 3) causation, and 4) damages. A strict products liability cause of action can arise from a manufacturing defect, a design defect or a failure to adequately warn."
+Wrongful Death,Wrongful death is a tort action that is brought on behalf of the survivors such as loss of consortium and loss of future earnings.
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