Business Law Chapter 4 Test Notes – Flashcards
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Under common law, ownership of real property extends from the center of the earth to the highest point in the sky.. True or False?
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True
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Invasion of property is an unintentional tort? (true or false)
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False
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A wrongful injury to, or interference with, the property of another is?
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Trespass
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People engaged in extremely dangerous actiities may be held liable even without negligence or malice; this is known as the doctrine of..?
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Strict Liability
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Negligence defense that might be used by a baseball club sued by spectators?
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Assumption of Risks
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A tort is a wring against an individual? True or false?
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True
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Public officials must prove actual malice to succeed in a defamation lawsuit... true or false?
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True
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Even the most careless conduct will not result in liabiity for negligence unless there is actual harm. True or false?
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True
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A false statement mafe orally to a third party.
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Slander
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To determine if the defendant's conduct was the proximate cause of the plaintiff's injury; the court applies to...
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Foreseeablity Test
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Loud noises late at night, noxious odors, and fumes coming from a nearby house are all examples of?
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Nuisance
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If a wrongdoer has injured another party, a court will usually award ______ to the injured party?
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Monitory Damages
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An ________ is a wrong committed by a person who knows and want the resulting consequences.
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Intentional Tort
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Under the doctrine of ___________, the amount of the plaintiff's recovery is reduced by the percent of his or her negligence.
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Comparitive Negligence
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The failure of the defendant to provide the plaintiff a required degree of care?
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Reach of Duty
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When one person interferes with another's rights, either intentionally or negligently, a ________ is committed.
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Tort
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The wrongful act of injuring anothers reputation by making false statements.
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Defamation
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Statements made in a court of law are a ________, they cannot be the subject of a defamation lawsuit.
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Priviledge
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The element of negligence that involves the failure to act as a reasonable person is called?
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Reach of Duty
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Entering another person's airspace without permission is _________?
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Trespass
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Negligence of each party is compared, and the amount of the plaintiffs recovery is reduced by the percent of his or her negligence.
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Comparative Negligence
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Behavior by the plaintiff that helps cause injuries?
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Contributory Negligence
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Plaintiff's knowledge and acceptance of risk?
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Assumption of Risks
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The legal connection between unreasonable conduct and the resulting harm?
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Proximate Cause
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The documentary on Gates called him the _______ of software?
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Sultan Software
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Anything that interferes with the enjoyment of life or property?
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Nuisance
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The failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.
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Negligence
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An offense against the public at large?
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Crime
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The wrongful act of injuring another's reputation by making false statements?
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Defamation
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A private wrong committed by one person against another?
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Tort
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Releasing a piranha in Texas first offence is?
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Felony
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If you are caught having a piranha in your home aquarium, it is a ________ in Texas, first offence?
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Class C Misdemeanor
