B Law Final Revised

Front 1

civil wrong othat than breach of contract

Back 1

tort

Front 2

intentional tort

Back 2

did something on purpose that was a civil wrong, defendent knew what was going to happen

Front 3

battery

Back 3

interntional unconsented to, harmful or offensive contact

Front 4

assault

Back 4

puting somebody in reasonable apprehension of a harmful or offensive contact

Front 5

intentional confinement of an individual

Back 5

false imprisonement

Front 6

extreme and outrageous conduct

Back 6

intentional infliction of emotional distress

Front 7

putting somebodys reputation down, falsely, has to be published

Back 7

defamation

Front 8

putting somebodys reupation down, spoken

Back 8

slander

Front 9

defmation that puts in writing, or on the news (widely spread)

Back 9

libel

Front 10

defenses for defmation

Back 10

truth
absolute privilege
conditional
constitutional

Front 11

using somebodys name or likeness without permission

Back 11

appropriation

Front 12

example: guy puts camera where girl showers without permission

Back 12

intrusion

Front 13

example: boyfriend puts private nude pictures of girl on internet

Back 13

publishing true, but private facts

Front 14

example: boyfriend writes on nude internet picture "wants to have sex"

Back 14

putting a person in a false light in public eye

Front 15

use the legal process for purpoose unattended

Back 15

abuse legal process

Front 16

you allow something (not you) to go on somebody else's land

Back 16

trespass to land

Front 17

example: play loud music so people aren't able to enjoy their land

Back 17

nuisance

Front 18

a very serious trespass to personal property

Back 18

conversion

Front 19

the defamation of a product or a serice

Back 19

disparagement
with disparagement you have to prove how much you've been damaged

Front 20

elements of negligence

Back 20

duty- there was a duty of care owed to plaintiff
breach- the duty of care was breached
causation-breach was actual cause of injury

Front 21

in emergency situation

Back 21

person can't be held accountable of somebody who gets hurt more
"good samaritan act"

Front 22

if child is seen walking to busy street
babysitter has ____ duty
random person has ____ duty

Back 22

legal
moral

Front 23

violation of statute where there is a law trying to get people safe and somebody gets hurt anyway

Back 23

negligence per se

Front 24

duty of owners who own artificial condition (sylo or storage house)

Back 24

risk to children is greater than benefit for landowner to keep atificial condition. Than person could get into trouble

Front 25

occupier of land has to put land in reasonably safe condition
example:

Back 25

trench's in backyard

Front 26

duties owed to licensees

Back 26

since they are licensed and not trespasser, you have to fill them in on danger, if they stay anyway you are no longer liable, they assume the risk

Front 27

duties owed to public invitees

Back 27

have to make place safe

Front 28

things that speak for themselves
ex: door to door salesmen are liscensees

Back 28

res ipsa loquitur

Front 29

was the breach of the duty of care the actual reason for what happened

Back 29

causation

Front 30

was the causation foreseeable?

Back 30

legal or proximate cause

Front 31

if there's a subsequent, interdependent, cause that was not foreseeable, charges will be dropped

Back 31

superceding cause

Front 32

if jury decided that 10 percent of case is plaintiffs fault, then they receive nothing

Back 32

contributory negligence

Front 33

if jury decides that 10 of case if plaintiffs fault, then plaintiff receives 90 percent, 100-10

Back 33

comparative negligence

Front 34

if you are more than 50 percent liable for cause then you receive nothing on settlement

Back 34

mixed contributory and comparative negligence

Front 35

if you do abnormally dangerous things or buy dangerous product than you are ______

Back 35

liable

Front 36

if person injured is negligent, than their defense would be ______

Back 36

comparative negligence

Front 37

difference between tort and crime
TORT

Back 37

plaintiffs pay court fees
money damages go to plaintiff
preponderance of evidence

Front 38

difference between tort and crime
CRIME

Back 38

govt. pays court fees
money damages go to govt.
have to prove beyond reasonable doubt defendant is guilty of crime