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Intro to Law Chs. 8 & 9

Across
Governments and interest groups rely on tort law as a way of addressing social ___. (Discussing recent developments in tort law that demonstrate this concept would be a good essay question.)
Stocks, bonds, promissory notes, and the right to bring a legal claim are all examples of __ personal property.
The legal document usually used to transfer title to real property is a “warranty ___.”
Tort ___ pertains to the questions of under what circumstances and to what extent a tortfeasor will need to compensate their victim for a tortious action.
The fourth element of negligence—that the plaintiff suffered an injury or loss because of the defendant’s act or omission--establishes that the plaintiff is entitled to ___ to compensate them for their losses.
The different types of restrictions on use of real property that are imposed by ___ include: environmental regulations, zoning laws, and building codes.
To establish the second essential element of negligence—that there was a ___ of duty, Plaintiff can show that the defendant’s act, or failure to act, violated the standard of care that a reasonable person should observe under the circumstances.
___ torts are torts for which the law has declared that one will be held liable for causing an injury regardless of whether that person had intent or was negligent, where damage may occur through no fault of the tortfeasor. One example of this type of tort is liability on harm caused by those engaging in abnormally dangerous activities, such as keeping wild animals, storage or use of explosives, or handling dangerous chemicals. Another example of this type of tort is liability on designers and manufacturers of products that cause an injury.
In an ___ situation a person must act in the manner of a reasonable person in the same ___ situation. In other words, the confusion/necessity for a quick decision/lack of resources etc. of the ___ circumstances are taken into consideration when judging whether the person “acted reasonably.”
___ property consists of land and the structures that are built upon or attached to the land, growing timber and crops, airspace above the land, and the minerals underneath the surface of the land. Personal property is all property that is not real property.
The standard of proof in most tort actions is proof of each element of the claim “by a ___ of the evidence.”
___ are restrictions on use of real property that are initiated by a land developer and enforced by a neighborhood association.
The four elements of a claim of negligence that must be proved by a preponderance of the evidence in order to make out a claim of negligence include: 1) There must be a duty to ___ in such a manner as not to expose the plaintiff to an unreasonable risk. 2) There must be a breach of duty on the part of the defendant. 3) There must be a causal connection (causation) between the defendant's failure to abide by the duty to ___ in a reasonable and prudent manner and the plaintiff's loss. 4) The defendant's negligent ___ or omission must result in injury or loss to the plaintiff.
State and local ___ estate taxes are assessed by a local tax assessor, are based on the appraised value of the property, and are generally paid once or twice per year
A wrongful act committed by a person or an entity resulting in injury or loss to the victim is a ___.
The duty of ___ that a landowner owes to an invitee, for example a shopper in a store, is that the landowner must exercise reasonable ___ for an invitee’s safety.
A ___ is a legal instrument by which a person (testator) disposes of property at death to devisees or beneficiaries.
One defense that a defendant to a negligence claim can raise is ___ negligence--that the plaintiff's own actions contributed to his or her injuries or losses and therefore it is appropriate to assess damages based on the ___ amount of negligence of the parties, in terms of percentages. For example, a plaintiff found to be 20% negligent where the defendant was 80% negligent, plaintiff could recover 80% percent of damages from defendant.
A ___ is an arrangement whereby one party (the trustee) holds title to property for the benefit of another (the beneficiary). It is created by a grantor (or settlor) executing a legal instrument.
The intentional tort of ___ occurs when a person with apparent ability places another person in apprehension of imminent injury or unwanted physical contact. An ___ requires an overt act but does not require physical contact, and although an ___ is often accompanied by threatening words, words alone do not constitute an ___.
___ damages are a sum of money awarded to the plaintiff in a civil case as a means of punishing the defendant for wrongful conduct and to deter that conduct by others.
To ___ personal property one must have dominion and control over it, which means the ability to exercise the right to property and authority to direct its disposition.
Professional ___ is the failure of a professional (physician, hospital, dentist, lawyer, or engineer, accountant) to meet the reasonable standard of care of professionals with similar training and experience.
Down
The three most common estates in real property other than fee simple (full, individual title), by which people ___ ownership of real estate, include: joint tenancy, tenancy in common, and tenancy by the entirety.
An exception to the general rule that the landowner is under no duty to take reasonable care to protect the well-being of a trespasser is with regard to children. Landowners can be liable to “trespassing children who are injured by an ___ nuisance, an artificial condition on the land that the owner or possessor knows, or has reason to know, that children are likely attracted to, such as a swimming pool.
Intentional torts include: torts that involve interference with a person’s ___ (assault, battery, and false imprisonment); torts that injure another’s reputation (defamation); torts that injure a person emotionally (intentional infliction of emotional distress and invasion of privacy); and torts that involve interference with another’s property (trespass to land, conversion of personal property, and fraud).
Possession of real property without consent of the owner that can result in acquiring title after a period of prescribed years upon compliance with requirements of statutes, usually requiring that the possessor hold the property “openly and notoriously” and continuously for a period of time, usually 7-20 years, is called ___ possession.
Intestate ___ laws mandate how a person’s property (real and personal) is inherited when there is no will dictating otherwise. Usually state intestate ___ laws provide for inheritance by the decedent’s spouse and children or descendants of deceased children, and if none, to closest relatives as defined by statute.
When one person is held liable (responsible for paying damages) for the actions of another, this is called ___.
A person who acquires a ___ in a building receives a deed vesting the owner with title to a certain space in the building that includes the interior walls and space of the unit. The unit owner also acquires an interest in common with the other ___ owners in the roof and exterior walls, the common walkways, stairways, driveways, and amenities provided in the ___ complex.
Property ___ is the area of law governing private property rights, considered to be a “cornerstone of American society.”
Some ___ that may be available for a defendant to assert in response to claims of intentional torts against a person (assault, battery, false imprisonment) include: consent (ex. football game); self-defense, defense of another, or defense of property(force used must be reasonable); and authority of law (false imprisonment claim).
The highest interest in real property that the law recognizes, which includes right to use and dispose of the real property at will, is called “___” ownership.
The court that exercises jurisdiction over the supervised inventory and disposition of assets of wills and administration of estates of decedents is called ___ court.
The ability of the sovereign (state or federal government) to take private property for public use is called ___. This ability is limited by the Takings Clause of the 5th Amendment --“private property [shall not] be taken for public use without just compensation.”
The three basic types of torts are negligence, ___ torts, and strict liability torts. (Defining the three basic types of torts and giving an example of each would be a good essay question.)
The classic ___ illustrating proximate cause—that it was foreseeable that the defendant’s act or omission would cause plaintiff’s injury-- as a requirement of the causation element of negligence is Palsgraf v. Long Island Railroad (1928).
An ___ tort is a willful act that a tortfeasor knows, or should know, will cause injury or harm to another person or their property.
Congress has the authority to enact patent, trademark, and copyright laws under the US Constitution Article 1, Section 8, which authorizes Congress “to promote Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the ___ Right to their respective Writings and Discovery.”
Sometimes the same action can be both a crime and a tort, and thus basis for both a criminal prosecution and a civil ___ brought by the victim against the tortfeasor for court ordered relief such as an injunction and/or damages.
The unwanted and unreasonable touching of another without that person’s consent, which can include physical injury but does not have to, is the intentional tort of ___.
The standard of ___ to which a person must conform their conduct in order to not expose themselves to a potential negligence claim is based on an objective standard of what a reasonable person would do under the same circumstances.
A written contract creating a ___ against specifically described real property to secure payment of a note or other undertaking, usually the payment of the money a buyer of real estate borrowed from the lender to purchase the property is a mortgage.