Download BSL Exam 1 With 100% Correct And Verified Answers 2024 and more Exams Advanced Education in PDF only on Docsity! BSL Exam 1 With 100% Correct And Verified Answers 2024 Assault - Correct Answer-Threat of immediate harm or offensive contact; and any action that can reasonable cause apprehension or physical harm. Battery - Correct Answer-Unauthorized and harmful or offensive direct or indirect physical contact with another person that causes actual injury. False imprisonment - Correct Answer-The intentional confinement or restraint of another person without authority or justification and without that person's consent. Transferred intent doctrine - Correct Answer-Under this doctrine, the law transfers the perpetrator's intent from the target to the actual victim of the act Merchant protection statutes - Correct Answer-Statutes that allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment. Plaintiff - Correct Answer-Is an individual or entity which makes a legal claim against another individual or entity. Party to civil action. Defendant - Correct Answer-Is the individual or entity which is accused of harm. The term, in and of itself, does not imply that the party actually did anything wrong. Appellant - Correct Answer-A party who has appealed a case to a higher court. Appellee - Correct Answer-A party to a case which has been appealed. Sixth amendment - Correct Answer-Guarantees the right to a trial by jury in certain criminal cases. Seventh amendment - Correct Answer-Guarantees the right to a trial by jury in certain civil cases. Intentional tort - Correct Answer-A tort committed against another with the intent to harm. Negligence/unintentional - Correct Answer-A tort committed without the intent to harm. Negligence requires a consideration of fault. Conversion (intentional tort) - Correct Answer-The wrongful possession or disposition of the property of another. Invasion of Privacy (intentional tort) - Correct Answer-The unwarranted and undesired publicity of private fact about a person. The fact does not have to be untrue. Defamation - Correct Answer-1. Defendant must have made an untrue statement of fact about the plaintiff. 2. The statement was published to (seen or heard by) others. Libel - Correct Answer-Written defamation Slander - Correct Answer-Verbal defamation Intentional infliction of emotional distress - Correct Answer-A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person Intentional misrepresentation/fraud - Correct Answer-The intentional defrauding of a person out of money, property, or something else of value Negligence - Correct Answer-A person is liable for harm which is the foreseeable consequence of his or her actions. Duty of care - Correct Answer-The obligation people owe each other not to cause any unreasonable harm or risk of harm. Breach of the duty of care - Correct Answer-A failure to act as a reasonable person would have under the circumstances. Damages/injury to plaintiff - Correct Answer-Personal injury or damage to his or her property that enables him or her to recover monetary damages for the defendant's. Proximate causation - Correct Answer-A point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions Factual cause - Correct Answer-The actual cause of negligence. A person who commits a negligent act is not liable unless actual cause can be proven. Negligence per se - Correct Answer-A tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care. Res ipsa loquitur - Correct Answer-This doctrine raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent. "The thing that speaks for itself". Contributory negligence - Correct Answer-A doctrine that says that a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.
