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Yessie's Bar Review pt.5

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yessieb's version from 2015-06-29 15:33

Section

10) C2
RAPED conduct on NY realty equals strict tort liability:
Question Answer
CCONSTRUCTION
CCLEANING (windows)
RREPAIR
AALTERATIONS
PPAINTING
EEXCAVATING
DDEMOLITION
memorize

11) A municipality is liable for a RAID “special relationship”:

Question Answer
RP’s justifiable RELIANCE on the municipality’s promise or on its affirmative undertaking
AEither expressly or impliedly, through promise or action, the municipality
memorize
  ASSUMED a DIP duty to act for P’s benefit
Question Answer
IThe municipality knew that its INACTION could foreseeably harm P
DSome DIRECT contact between the P and the municipality
memorize

12) Overgrown LA2

WNS impose strict tort liability:
Question Answer
LLABOR LAW § 240 & 241
AAbnormally dangerous ACTIVITY
AANIMALS: wild animals or vicious domestic ones
WWORKER’S job related injuries (Worker’s Compensation)
NNEGLIGENCE per se
SSTRICT products liability
memorize

13) In determining whether a domestic animal has demonstrated vicious propensities, the court looks

at whether the animal has in the past sung with the B.G.s:
Question Answer
BBITTEN someone
GGROWLED at someone
SSNAPPED at someone
memorize

14) Put out the malicious prosecution MAT:

Question Answer
MMALICE (spite or meanness) in instituting or continuing a criminal prosecution
AABSENCE of probable cause upon which P could be successfully prosecuted
TTERMINATION of the malicious prosecution in favor of accused, either on the merits or as
memorize
the result of a dismissal “not inconsistent with the accused’s innocence”

15) If you inflict emotional harm, you’ll have a SAD CEO:

Question Answer
CEOD's intentional or reckless CEO (CONDUCT that was EXTREME and
memorize
OUTRAGEOUS) exceeding all bounds usually tolerated by a decent society, and
Question Answer
SADD’s conduct caused P to suffer SAD (SEVERE AND DEBILITATING) emotional
memorize
anguish

 

16) An MBE landowner will have a different duty to an injured person, depending on whether the
person was LIT:
Question Answer
LLICENSEE
IINVITEE
TTRESPASSER
memorize
*Note – This is NOT the rule in NY

17) A plaintiff has the privilege to SIT on one’s property in response to a:

Question Answer
SSERIOUS and
IIMMEDIATE
TTHREAT
memorize
*But note – even though a D who SITs is not trespassing, liability will be imposed for any
resulting damages

18) A Person who RAN onto P’s property is liable in trespass only if D’s entry caused harm to the

land:
Question Answer
RRECKLESSLY
AAs the result of ABNORMALLY dangerous activity
NNEGLIGENTLY
memorize

19 Consider whether the following BODES well for abnormally dangerous activities:

Question Answer
Bwhether its BENEFIT to the community is outweighed by its high risk of harm
Owhether the activity is not a common OCCURRENCE
Dwhether there is a high DEGREE of risk of harm involved
Ewhether there is an inability to ELIMINATE that risk by the exercise of reasonable care
Swhether there is a likelihood of SEVERE harm resulting from that activity
memorize

20) Only a KID can be sued for Tortuous Interference of a Contract:

Question Answer
KD had KNOWLEDGE of the K;
ID INTENTIONALLY induced a contracting party to breach that K; and
DDAMAGES resulted from the breach of the existing, enforceable K
memorize

21) A CLIP invades privacy:

Question Answer
CCOMMERCIAL misappropriation of P’s name, likeness, or voice w/o P’s written
memorize
  permission (& compensation); taking commercial advantage of a living person’s
  reputation, prestige, or some other value associated w/ P’s name or likeness w/o
  compensating him or her for it
Question Answer
LFalse LIGHT publicity that unreasonably places P in highly objectionable false light
memorize
  before the public
Question Answer
IHighly offensive INTENTIONAL intrusion into another’s seclusion or solitude
PPUBLIC disclosure of highly offensive and deeply shocking private facts that are of no
memorize
legitimate interest to the public

22) In slander actions, special damages must be pleaded and proven, unless those spoken words are

CLAMS (slander “per se”):
Question Answer
CFalsely accusing the P of committing a serious CRIME
LFalsely stating that P has an existing (not former) communicable, LOATHSOME disease
memorize
(e.g., a sexually transmitted disease)
Question Answer
AMaking a false statement that ADVERSELY reflects on P’s trade or business
MFalsely accusing P of MORAL turpitude
SFalsely accusing P of serious SEXUAL misconduct (male or female)
memorize

23) A defamer is privileged when she has JET LAG:

Question Answer
JDefamatory statements in the course of a JUDICIAL proceeding
EConfidential defamatory communications spoken between spouses who are deemed one
memorize
ENTITY, when the spouse is sued for defamation
Question Answer
TTRUTH
LStatements by LEGISLATORS made in legislative chambers
AState, local or federal ADMINISTRATIVE agency’s executives or government executives
memorize
making defamatory statements in furtherance of their official duties
Question Answer
GStatements made to Bar Association GRIEVANCE Committees
memorize

24) A defamer gives LIP to a qualified privilege:

Question Answer
LLOWER echelon officials of government agencies
IA false statement in which the speaker & listener had some common INTEREST in the
memorize
subject matter of conversation (and the defamatory statement must be pertinent to the parties’
common interest & made to further or protect that interest)
Question Answer
PDefamatory statements made to the POLICE or District Attorney about P’s criminal
memorize
  activity

 

NO-FAULT INSURANCE

1) No-Fault pays up to $50,000 for a LOT:

Question Answer
LLOST earnings/wages for up to 80% of injured person’s salary ($2,000/mo maximum, for lost
memorize
wages up to three years from the date of injury)
Question Answer
OOTHER out-of-pocket expenses relating to the injury
TTREATMENT expenses
memorize

2) A serious injury is 3D F2

UN:
Question Answer
DDEATH
DSerious DISFIGUREMENT, which, when viewed by an RPP, would be unattractive,
memorize
objectionable, or the object of pity or scorn
Question Answer
DDISMEMBERMENT
FLoss of a FETUS
FBone FRACTURE
memorize
U – Medically-determined permanent & total limitation on USE of body member or organ
Question Answer
NNINETY out of the first 180 days after a vehicle accident the plaintiff is unable to perform
memorize
substantially all of her usual daily activities. Medical testimony is required to establish this
non-permanent limitation.

3) An insurance company does not have to pay no-fault benefits to FIFI’S M.D.:

F:– A person FLEEING a lawful arrest
Question Answer
IA person who INTENTIONALLY caused her own injury
FA person who caused an accident during the commission of a FELONY, but a conviction or
memorize
guilty plea is required to allow the NF carrier to disclaim
Question Answer
IA person operating a vehicle while INTOXICATED by drugs or alcohol, intoxication where
memorize
that caused the accident
Question Answer
SA person knowingly operating or occupying a STOLEN vehicle
MA driver or passenger of a MOTORCYCLE (but pedestrians hit by motorcycles are
memorize
covered)
Question Answer
DDrivers participating in a DRAG raceTORTS MNEMONICS
memorize

1) Torts are done IN SIN:

Question Answer
IINTENTIONAL harm to a person (e.g., assault, battery, false imprisonment, or the
memorize
  intentional infliction of emotional harm)
Question Answer
NNEGLIGENT conduct causing personal injury, wrongful death, or prop damage
SSTRICT tort liability (see the mnemonic A SWAN)
IINTENTIONAL harm to property (e.g., trespass, conversion, or tortious interference with a
memorize
contract)
Question Answer
NNUISANCE
memorize

2) Tortious conduct makes you SING:

Question Answer
SSTRICT tort liability
IINTENTIONAL conduct
NNEGLIGENT conduct
GGROSS negligence a/k/a reckless conduct
memorize

3) A D’s FIT conduct is unreasonable/negligent when P was within the foreseeable zone of danger:

Question Answer
FFAILURE to take reasonable precautions in light of foreseeable risks
IINADVERTENCE
TTHOUGHTLESSNESS
memorize

4) To establish a negligence claim, P must mix the right DIP:

Question Answer
DDUTY to exercise reasonable care was owed by the D to the injured P and the D
memorize
  breached this duty (for a negligence claim the duty is always to conform to the
  legal standard of reasonable conduct in light of the apparent risks)
Question Answer
IPhysical INJURY to the P or his property (damages)
PP’s injuries were PROXIMATELY caused by the D’s breach of duty
memorize

5) A parent is liable only for the torts of a SICK child:

Question Answer
Sin an employment relationship where a child commits a tort, while acting as a SERVANT or
memorize
agent of the parent
Question Answer
Iwhere the parent entrusts or knowingly leaves in the child’s possession an
memorize
INSTRUMENTALITY that, in light of the child’s age, intelligence, disposition and prior
experience, creates an unreasonable risk of harm to others
Question Answer
Cwhere the parent knows of the child’s tortious conduct and directs, approves or CONSENTS
memorize
to it
Question Answer
Kwhere the parent has the ability to control the child, but fails to exercise that control
memorize
  even though the parent KNEW of the infant’s violent tendencies, which could
  endanger a 3P

6) F CLIPS can “cause” negligence:

Question Answer
FFACTUAL causes
CCONCURRENT causes of the P’s injuries
LLEGAL causes (Restatement language for both cause-in-fact & proximate cause)
IINDEPENDENT intervening causes (a.k.a., superseding cause)
PPROXIMATE causes
SSUCCESSIVE causes
memorize

7) LARGE C.D.

2
s are played in negligence:
Question Answer
LLAST clear chance
AASSUMPTION of risk
RRES IPSA LOQUITOR
GGUEST statute
EEMERGENCY doctrine
CCOMPARATIVE or contributory negligence
DDRAM shop act
DDANGER invites rescue
memorize

8) A plaintiff can find res ipsa loquitor in a PEA:

Question Answer
PPROBABILITY that the plaintiff was injured through no fault of his own
ED had EXCLUSIVE control over the instrumentality that caused the injury
AABSENT negligence, the injury would not have occurred
memorize

9) The Emergency Doctrine arises only in the U.S.:

Question Answer
UUNANTICIPATED; and
SSUDDEN Emergency
memorize

9a) New York’s Emergency Vehicle Negligence Exception U.S. S.O.S.:

Question Answer
UAn UNLAWFUL Turn
SPassing through a STOP SIGN or a red light after slowing down.
SSPEED
OWrong direction on a ONE-WAY street
SSTOPPING or parking on a street
memorize

10) C2

RAPED conduct on NY realty equals strict tort liability:
Question Answer
CCONSTRUCTION
CCLEANING (windows)
RREPAIR
AALTERATIONS
PPAINTING
EEXCAVATING
DDEMOLITION
memorize

11) A municipality is liable for a RAID “special relationship”:

Question Answer
RP’s justifiable RELIANCE on the municipality’s promise or on its affirmative undertaking
AEither expressly or impliedly, through promise or action, the municipality
memorize
  ASSUMED a DIP duty to act for P’s benefit
Question Answer
IThe municipality knew that its INACTION could foreseeably harm P
DSome DIRECT contact between the P and the municipality
memorize

12) Overgrown LA2

WNS impose strict tort liability:
Question Answer
LLABOR LAW § 240 & 241
AAbnormally dangerous ACTIVITY
AANIMALS: wild animals or vicious domestic ones
WWORKER’S job related injuries (Worker’s Compensation)
NNEGLIGENCE per se
SSTRICT products liability
memorize

13) In determining whether a domestic animal has demonstrated vicious propensities, the court looks

at whether the animal has in the past sung with the B.G.s:
Question Answer
BBITTEN someone
GGROWLED at someone
SSNAPPED at someone
memorize

14) Put out the malicious prosecution MAT:

Question Answer
MMALICE (spite or meanness) in instituting or continuing a criminal prosecution
AABSENCE of probable cause upon which P could be successfully prosecuted
TTERMINATION of the malicious prosecution in favor of accused, either on the merits or as
memorize
the result of a dismissal “not inconsistent with the accused’s innocence”

15) If you inflict emotional harm, you’ll have a SAD CEO:

Question Answer
CEOD's intentional or reckless CEO (CONDUCT that was EXTREME and
memorize
OUTRAGEOUS) exceeding all bounds usually tolerated by a decent society, and
Question Answer
SADD’s conduct caused P to suffer SAD (SEVERE AND DEBILITATING) emotional
memorize
anguish

16) An MBE landowner will have a different duty to an injured person, depending on whether the

person was LIT:
Question Answer
LLICENSEE
IINVITEE
TTRESPASSER
memorize
*Note – This is NOT the rule in NY

17) A plaintiff has the privilege to SIT on one’s property in response to a:

Question Answer
SSERIOUS and
IIMMEDIATE
TTHREAT
memorize
*But note – even though a D who SITs is not trespassing, liability will be imposed for any
resulting damages

18) A Person who RAN onto P’s property is liable in trespass only if D’s entry caused harm to the

land:
Question Answer
RRECKLESSLY
AAs the result of ABNORMALLY dangerous activity
NNEGLIGENTLY
memorize