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Tort Law Chs. 8, 9, 10 vocab/concept review

Any of these questions could be an essay question, including hypotheticals that require applying these principles.
Across
Most states that have adopted comparative negligence statutes have removed assumption of ____ as a separate defense and have merged it, in part at least, into the defense of comparative negligence. Therefore, a plaintiff who unreasonably places him- or herself in danger is considered negligent and the recovery is reduced although not barred completely. If the plaintiff’s conduct in exposing him- or herself to the danger is reasonable, the plaintiff is not considered negligent at all.
A _____nuisance, is an unreasonable and substantial interference with the plaintiff’s use and enjoyment of his or her land.
The tort of wrongful institution of civil proceedings, also called abuse of process in some jurisdictions, involves bringing against another party, for improper purpose and without _____ cause, civil proceedings, such as administrative proceedings, bankruptcy proceedings, insanity proceedings, and ordinary civil lawsuits. Abuse of process can also refer to using improper litigation tactics for improper purpose in an otherwise legitimate lawsuit.
Paralegals and other legal assistants must not engage in the unauthorized practice of law and so must guard carefully against providing legal ______.
To be enforceable, a ______ must be expressed in “unmistakable language,” and it must be plainly and precisely apparent that the limitation of liability extends to negligence or other fault of the party attempting to shed his or her ordinary responsibility.
Under a Section 1983 action, an exception to governmental immunity, anyone who “under color of any statute, ordinance, regulation…of any state” violates the federal _____ ______ of any person “shall be liable to the party injured in an action at law.” Section 1983 actions are often relied on when suing governmental officials like police officers and correctional officers.
Plaintiffs have found several advantages in pursuing ______ claims instead of filing actions under the Comprehensive Environmental Response Compensation and Liability Act, which authorizes the Environmental Protection Agency to clean up sites contaminated by toxic wastes. Those advantages are that they can recover more in damages, resulting in significantly higher awards; they can obtain injunctions more easily; and they enjoy the common law’s broader parameters of liability.
The primary reasons for most legal malpractice claims involve a breakdown in communications.
______ is a complete defense to tort liability in that it completely absolves the defendant of all liability. It is granted to those entities that bear a particular relationship to the plaintiff, such as a spouse, or who occupy a special status, such as that of a governmental entity.
The following are all ways in which a professional can commit _______.(1) Failure to have skills and learning commonly possessed by members in good standing within a profession; (2) failure to use good judgment in choosing a course of action, to the extent that the action chosen constitutes a deviation from the standard of care reasonably expected of professionals in the field; (3) failure to ask for essential information from a client; (4) failure to make referrals when appropriate; (5) failure to keep abreast of changes in the profession; (6) failure to follow up on a client’s progress, condition, or status; (7) failure to adhere to a specialist’s standard of care when appropriate; (8) failure to provide (enough information that a client can make) informed consent.
The plaintiff in a suit for misrepresentation must prove that he or she sustained actual ________ that were proximately caused by the defendant’s misrepresentation.
The ________-consent doctrine requires a physician to warn patients of possible hazards, complications, and expected and unexpected results of treatment, as well as risks of any alternative treatments. Particularly if a therapy is new or experimental, the physician has a duty to warn the patient that all side effects of the treatment are not completely known. The duty to warn increases as the probability or severity of risk to the patient increases.
The purpose of a statute of _______ is to protect individuals from having to defend stale claims. They also allow people to have some measure of stability and predictability in their lives by limiting the time frame in which they can anticipate being sued.
The attorney-client ________ protects information exchanged between a client and the client’s attorney that is not disclosed to a third person.
Under certain circumstances, failure to disclose a ____ defect, or one that is not visible to the buyer, can be considered concealment and give rise to a claim of fraud or misrepresentation.
Courts treat transactions involving parties having a ________ relationship differently than transactions that are done at “arm’s length”, because the law imposes a more demanding obligation to disclose if a special relationship exists between the parties than if a transaction occurs between acquaintances or strangers.
A person can be liable for interference with existing contractual relations by inducing another to _______ a contract with the plaintiff. The defendant’s interference must be intentional (negligence is not sufficient) and improper.
Down
Another name for the tort of intentional misrepresentation is ______.
GOVERNMENTAL functions of ____ governments (police, fire departments, schools) are subject to immunity whereas proprietary functions of _____ government (utilities, city airports, trash collection) are not.
__________ involving common carriers, public utilities, or other regulated industries are unlikely to be enforced. Such entities are obligated to provide reasonable service and the courts will not allow them to escape their responsibility through the use of waivers or ______.
Under Indiana's statute adopting a modified comparative negligence model, the claimant is barred from recovery if the claimant's contributory fault is_____ ____ the fault of all persons whose fault proximately contributed to the claimant's damages.
_________ attorneys who commit administrative errors are the most likely type of attorney to be sued.
Most courts hold that an action ______ for purposes of the statute of limitations when there has been an actual injury to the plaintiff’s person or property.
athletes are assumed to be more cognizant of the inherent risks involved in sports and more willing to accept them (because of the monies involved) than amateurs.
To prove a claim of _______, a plaintiff must prove both the standard of care expected within the profession and the defendant’s deviation from that standard, as well as causation and damages.
_______ interference, for the purpose of a nuisance claim, occurs when the plaintiff is injured or the plaintiff’s property is damaged. The interference may also be _______ if the plaintiff is inconvenienced or subjected to unpleasant sensory awareness, such as obnoxious odors or blaring sounds. The plaintiff must show that a person of normal sensitivity would be seriously bothered by the defendant’s conduct.
Professional negligence suits against attorneys are _________ in frequency.
Many jurisdictions, including Indiana, do not recognize claims of ______ misrepresentation.
Proving a _____ nuisance requires the plaintiff to show that the public at large was actually injured or was exposed to the possibility of injury, and that the harm was substantial.
The Federal Tort ______ Act (FTCA) abrogates the common law defense of sovereign immunity in certain circumstances, providing that money damages can be recovered against the United States “for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant.”
Another name for the tort of intentional misrepresentation is _______.
__________ negligence was created as an alternative to the all-or-nothing approach of the contributory negligence system and provides that the plaintiff’s recovery should be reduced in direct proportion to the plaintiff’s percentage of contribution to his or her own injuries.
Under the _____ doctrine, some jurisdictions hold that the statute of limitations does not begin to run until the injury is, or should have been, discovered.
Mere "puffing", for example a statement that "this car is the best deal you will ever make" is not __________.
Treatment given during a life-and-death ______ is not required to be of the same level of care as that provided under less stressful circumstances. If death is imminent and treatment is absolutely necessary for the patient’s protection, the defense of _______ may be a viable defense to a claim of negligent treatment.
The majority of states have now abolished interspousal and parent-child ______, rejecting the common law notion of the unity of the husband and wife as well as the arguments that allowing such suits would create family discord and encourage fraud. States recognize, particularly in cases involving motor vehicle accidents, that most suits are between a family and its insurance company and not between individual members of a family.
Some courts, influenced by the elevated expectations of professionals resulting from technologically enhanced communications in recent years, have discarded the “locality rule” for the standard of care to which a medical professional with be held. Those jurisdictions have adopted instead a _______ standard of care.
A defendant whose motives are for some purpose other than bringing the plaintiff to justice and who, without probable cause, institutes criminal proceedings against another can be held ____ for malicious prosecution.
A SPECIALIST must adhere to the standard of the “reasonably careful and prudent specialist” in ____ field.