专业英语(法律)2
作业与习题
发布时间: 2015-05-28   浏览次数: 167

Read the following statement and discuss: 
1.A claim of defamation must be based on communication to someone other than the person defamed.
2.An act is intentional if the actor either desires to bring about the harm caused or
understands that the harm is a substantially certain result of the action.
3.Liability for intentional torts requires hostility and malice toward the injured party.
4.The general test for the “apprehension” element of assault is whether a reasonable person
in like circumstances would normally feel apprehensive.
5.To commit a trespass, one must have the intent of conscious wrongdoing. 
6.The tort of false imprisonment protects a person from loss of liberty and freedom ofmovement.
7. Contributory negligence is a defense under the strict liability doctrine. 
8.Defamation is the false written communications made with the intention of harming an
individual’s or corporation’s reputation. 
9.In common law, trespass was the most common tort used to define actions that infringe upon
both real and personal property interests. 
10.To arouse apprehension, a display of force does not need to be directed specifically towards
the plaintiff. 
11. The projection of light, noise, vibrations are not deemed by the majority of courts to
constitute a trespass. 
12. In order to sue the defendant for assault, the plaintiff must be aware of the threatening
conduct and must actually feel threatened. 
13.Causation has two components: cause in fact and proximate cause. 
14.Trespass to land occurs when a person intentionally exercises exclusive control over the
personal property of another without permission. 
15. The proper remedy in the event of a conversion is either the proceeds from the forced sale of
the property, or, at the plaintiff’s election, the return of the property. 
16.Fraud is the misrepresentation of every single fact made with the intention to deceive. 
17.Common law of torts requires the intentional tortfeasor to compensate the injured party even if
that person consented to the tort. 
18. The essence of false imprisonment is the unlawful detention, and the plaintiff must prove that
he was locked by physical force. 
19.As a defense to intentional torts, consent must be made voluntarily. 
20.Privilege is a kind of absolute defense to intentional torts. 
21.The reasonable person standard is a sliding standard that is tapered to a person’s age, training
and profession. 
22.A breach of duty is a failure to act in a manner that a reasonable person would have acted under
the same or similar circumstance, or when action was necessary to protect or help another person
and a reasonable person would have done so. 
23. It is the defendant’s burden to prove that he or she did not breach a standard of care. 
24.The negligence must cause some actual loss or damage; without injury, there is no recovery. 
25.Self-defense is an absolute defense to intentional torts. 
26.The law determines whether A is the proximate cause of B by raising the question of “whether,
but for A, B would not have happened.” 
27.There are three main defenses to an action in negligence: consent, privilege, and necessity. 
28.Strict liability was first applied in the US to the keeping of dangerous animals. Owners of
those animals who injure another are strictly liable. 
29.Activities are considered to be abnormally dangerous if they can potentially cause serious harm
to persons or property, if reasonable care cannot completely prevent that risk, and if the
activities are not commonly performed in the area. 
30.One important element of cause in fact is foreseeability.