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64 Cards in this Set
- Front
- Back
Tort
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set of rules that govern civil wrongdoing
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Plaintiff
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injured party
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Defendant
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Alleged wrongdoer
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Tort action
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most common lawsuit
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Tort laws
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require to act with reasonable care
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Wrongful act
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violation of one's duty
careless did/didn't do something |
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Settlement
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agreement before trial
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no-settlement
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go to trial
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Types of torts
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Intentional wrong
negligence strict liability |
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Intentional wrong
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action w/ intent to injure or harm property
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Negligence
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failure to exercise reasonable care
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Strict liability
(3) |
dangerous activity/animals/manufacturers of faulty products
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Workers compensation
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compensate employees hurt on the job
normally 2/3 of salary no right to sue |
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torts that injure a person
(4) |
Assault
infliction of emotional or mental distress false imprisonment defamation of character |
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Torts that harm property
(3) |
personal
real insurance |
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conversion
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unlawfully exercises control over your property
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real property
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trespassing
nuisance |
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Premiums
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payments made to the insurance company
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liability
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injuries to other people and property
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collision
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damages to your car if your fault
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deductible
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amount paid toward repairs before insurance pays
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comprehensive
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protects you from damage to your car other then crashes
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Defenses
(6) |
No crime has been committed
DIdn't commit the crime Justifiable Not responsible for their actions Insanity Entrapment |
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No crime has been committed
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honest mistake
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Didn't commit the crime
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alibi
evidence defendant was somewhere else when the crime was committed |
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Justifiable
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reasonable force, self defense
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Not responsible for their actions
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infancy- under 7
intoxication |
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intoxication
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not a defense if voluntary
effects intent, will lessen crime |
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Insanity
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insane at the time of the crime
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guilty but mentally ill
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hospital, then prison recovery
12 states |
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not guilty by reason of insanity
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mental institution
not in 3 states |
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Entrapment
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persuaded by police
not used in serious crimes |
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Sentencing options
(8) |
suspended sentence
probation home confinement fine restitution work release imprisonment death |
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Suspended sentence
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doesn't have to be served unless the violate terms of agreement
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probation
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released to parole officer
must abide by rules |
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Home confinement
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serve time at home
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Fine
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pay an amount determined by the court
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Restitution
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pay back or make up for what is lost
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Imprisonment
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served in prison
may be definite/indefinite |
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Death
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lethal injection/gas
varies by state |
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Purposes of punishment
(4) |
Retribution
Deterrence Rehabilitation Incapacitation |
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Retribution
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"an eye for an eye"
the role of "revenge" is taken on by society |
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Deterrence
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meant to deter others
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Rehabilitation
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help change behavior
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Incapacitation
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removes them from society for protection
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Bail
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release assures the defendant will return to court
8th ammendment |
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Preliminary hearing
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decision if there is enough evidence to go to trial
evidence that a crime was committed and they did it |
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nolo contendere
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no contest
doesn't admit guilt |
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Motions
(4) |
discovery of evidence
continuance change of venue suppress evidence |
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discovery of evidence
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examine evidence from prosecution
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Continuance
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more time to prepare
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change in venue
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move location of trial
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suppress evidence
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not allow illegally obtained evidence
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Plea bargaining
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negotiations between the defendant and attorneys
lesser charge saves $ |
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Role of judges
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non-jury: decides facts and renders judgement
jury- instruct jury protect rights make sure rules are followed |
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Juries
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12 people
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Jury requirements
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18 yrs. old
resident of area us citizen |
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voir dire
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process of screening jurors
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removal for a cause
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related to attorneys/parties
stand to benefit already formed an opinion |
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Peremptory challenges
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remove juror without cause
limitted |
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Treatments/punishments
(3) |
community corrections
Halfway house Jail/prison-retribution and rehabilitation |
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Rights to prisoners
(5) |
no cruel and unusual punishment
religion due process medical treatment law libraries and court |
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overcrowding
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set tough-on-crime policy
increasing mandatory sentencing lengthening prison terms decreasing early release |
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Steps in a trial
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opening statements
examinations and cross-examinations motions closing statements rebuttal argument jury instructions deliberations of jury verdict read pre-sentencing hearing sentencing |