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Tort Law Chs. 1, 2, and 3 vocab/concept review

2024
Across
Private necessity is a valid (blank) when the property interest of another is harmed when necessary to protect one's own interests or those of a few private citizens because no less damaging way to prevent the harm exists. Reimbursement is required if there is substantial harm to the plaintiff's property.
The 3 main types of torts are (blank), negligence, and strict liability
Bob shoots a gun and the bullet goes onto Bill's land. This is an example of the tort of (blank, 3 words)
A motion stating that no material facts are at issue and that the case should be decided as a matter of law
Motion in (blank), Litigation tool used to resolve an evidentiary issue before trial so that the matter is not brought to the attention of the jury
If a bullet Bob fires hits the hay in Bill’s barn causing it to catch fire and burn down the barn, he commits the (blank) against property called conversion
In many jurisdictions a complaint must be verified, meaning that it contains a sworn statement that the plaintiff has read the complaint and that it is, to the best of the plaintiff’s knowledge, (blank)
A complaint must state that the court has (blank), i.e., the authority to hear the case.
A tort must be proved by a (blank, 3 words) while a crime must be proved beyond a reasonable doubt
COMPLAINT - If a demand letter does not result in resolution of a (blank), a plaintiff files a complaint in a court with jurisdiction over the (blank)
Before initiating a complaint, a plaintiff may want to send the defendant a (blank) letter, detailing the reasons behind the claim as well as the plaintiff’s expectations in terms of a settlement.
If one uses force to regain possession of chattels, he/she must be able to prove that he or she was in (blank) pursuit
In contract law, the relevant duties are created by the parties' consent, while in tort law the relevant duties are imposed by (blank)
A plaintiff alleging (blank) must be aware of the threatened contact.
If the tortfeasor intends to shoot A, but the bullet hits B instead, the tortfeasor can be liable to B under the doctrine of (blank, 2 words)
If one uses (blank) to regain possession of chattels, he/she must be able to prove that the level of (blank) was used was reasonable
No reimbursement of a plaintiff property owner is required where the defense of public (blank) is proven.
Down
A Rule 12(b)(6) motion, or motion for failure to state a claim upon which relief can be granted, is a type of a motion to (blank)
In (blank) law the emphasis is more on the violation of the interest of the individual, while criminal law is concerned more with the violation of the interest of society
If a defendant fails to take any action in opposition to a complaint being served, the plaintiff may be able to get a (blank, two words)
Discovery is the process in litigation of requesting and producing information to the opposing (blank) prior to trial
A defendant can use (blank) force to defend his or her home only when he/she believes the use of force is immediately necessary to prevent death or serious bodily harm.
If Betty arrests Felipe without probable cause, Felipe could sue Betty for (blank, 2 words).
A property owner who uses a mechanical device for protection will not be liable only if he/she would have been (blank) in using that degree of force if the owner had been present
A tort complaint must specify the (blank) sought by the plaintiff.
(Blank) necessity is a valid defense when the property interest of another is harmed when necessary to prevent a disaster to a community or a substantial number of people.
(Blank) cannot be used as a defense unless the (blank) given was voluntary.
Consent cannot be used as a defense to the tort of battery unless the plaintiff had the capacity to (blank) consent.
The (blank, two words) argument is used to warn that if an argument in favor of a specific outcome wins in in this case, it will allow the undesirable result of allowing similar outcomes by applying the same argument in innumerable other cases
The ideas of justice, fairness, and equality are the cornerstones of public (blank) concerns
A motion to (blank) should be filed when the opposing party refuses to produce requested, relevant information in discovery
If Felipe wanted to sue Betty for infliction of mental distress, he would have to prove her conduct was extreme and (blank)
Bob has a threatening looking dog on a leash, and threatens to have the dog attack Bill. This is the tort of (blank).
An intentional infliction of harmful or offensive contact
If one uses force to regain possession of chattels, he/she must be able to prove that the property was wrongfully (blank)
The plaintiff is not required to have any awareness of the contact at the time it occurs for a viable (blank) claim to exist.
A person can use deadly force to defend his/her home only when he/she believes no (blank) degree of force was sufficient to prevent the harm
Self-defense is a defense to a tort claim in which one alleges he/she was entitled to use reasonable force to protect him/herself or another against imminent (blank)
A (blank) is a civil wrong in which a victim is compensated in the form of damages for the injuries he or she suffers