Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
64 Cards in this Set
- Front
- Back
|
Whatis a Tort?
|
–acivil injury designed to provide a remedy (damages) for injury to a protectedinterest.
|
|
|
How many ways can damages covered in tort actions? State them |
There are 4 ways 1. Compensatory 2. Special 3. Punitive 4. General |
|
|
What kind of damages are covered in Compensatory tort actions? |
reimburseplaintiff for actual losses.
|
|
|
What kind of damages are covered in Special tort actions? |
–quantifiablelosses, such as medical expenses, lost wages, and benefits. |
|
|
What kind of damages are covered in General tort actions? |
–non-monetary,such as pain and suffering, reputation |
|
|
|
punishthe wrongdoer |
|
|
What makes a tort a "civil" wrong? |
punishableby paying damages to the injured party -is not criminal if fine is payed and/or imprisonment |
|
|
What is an intentionally tort? |
A tort knowingly or intentionally committed; it can be to a person or property.
|
|
|
What is a Tortfeasor? |
Person committing the tort. (purposely) |
|
|
What is transferred intent? |
When the Tortfeasor intends to hurt one person but ends up harming 2 people
|
|
|
What is assault? |
–Anintentional act that creates a reasonable apprehension of immediate harmfulcontact. |
|
|
What is battery? |
–Anintentional harmful or offensive contact. |
|
|
What is false imprisonment? |
Theintentional confinement or restraint of another person’s activities withoutjustification |
|
|
What is an Infliction of Emotional Distress? |
–Anintentional act that amounts to extreme and outrageous conduct resulting insevere emotional distress to another. –Parodiesof public figures protected |
|
|
What is Defamation? |
anythingpublished or publicly spoken that injures another’s character, reputation, orgood name. |
|
|
What is Linder? |
written defamation |
|
|
What is Slander? |
oral defamation |
|
|
What is Truth? |
normallyan absolute defense against any claim of defamation |
|
|
What are the 4 acts of invasion of privacy? |
-Appropriation: use of a person’s name or likeness withoutpermission. -Intrusion inan individual’s affairs where the person has a reasonable expectation ofprivacy. -Public disclosure ofprivate facts that an ordinary person would find objectionable. -Publicationof information that places a person in a falselight |
|
|
What is actionable fraud? |
–Amisstatementof a material fact –Madeknowinglyor with reckless disregard for the truth –Withintentionto deceive another –Withjustifiablyreliance by a reasonable person |
|
|
What is Tortious Interference? |
Intentionalinterference with a contractual relationship -3rd party must know contract exists -3rd party must knowingly breach contract |
|
|
What is conversion? |
Wrongfullytaking or retaining another’s property and placing it in service of another |
|
|
What Negligence? |
-Tortfeasordoes not intend the consequences of the act or believes they will occur. - Actor’sconduct merely creates a foreseeable riskof injury |
|
|
What is the basic elements of Negligence? |
–Dutyof care to act as a reasonableperson under similar circumstances
–Breachof Duty –ProximateCauseOfDamages to the Plaintiff |
|
|
What is Duty? |
Duty to aid if you were involved in Accident.
|
|
|
What duties do landowners have to Licensees ? |
Licensees- social guests and other persons not on the premises for any business purpose -duty to warn of any known dangers |
|
|
What duties do landowners have to Invitees? |
-Invitees- persons who come onto premises for businesspurposes, including retail and other establishments
–Dutyto warn of known dangers and those dangers owner shouldknow about |
|
|
What is Proximate Clause? |
–Whenthe causal connection between the act andinjury is strong enough to impose liability. - example: CASE 6.2 Palsgrafv. Long Island Railroad |
|
|
What is Contributory Negligence? |
Anynegligence on the part of the plaintiff that contributed to the injury is anabsolute bar to the recovery of damages
|
|
|
What is Comparitive Negligence? |
–bothparties caused the damages, the court must apportion negligence among theparties on a percentage basis. |
|
|
What is Pure Comparative Negligence? |
allowsPlaintiff to recover even if his liability is greater than that of Defendant |
|
|
What is Modified Comparative Negligence? |
–percentof damages Plaintiff causes herself are subtracted from the total award. |
|
|
What is the 50% rule? |
–Plaintiffrecovers only if liability is less than 50%. |
|
|
What is the Texas 51% rule? |
Plaintiffrecovers nothing if liability is greater than 50%
|
|
|
What is Strict liability dependent on? |
abnormallydangerous activities is one application |
|
|
What is the liability on Wild Animals? |
-Ownerskeeping wild animals are strictly liable for injuries. -Personswho keep domestic animals are liable ifthe owner knew or should have known that animal was dangerous |
|
|
What is production liability? |
-Manufacturersandsellers can be strictly liable -They can bear the cost by spreading throughoutthe manufacturing and distribution chain
|
|
|
What are the 6 requirements for Strict liabilty? |
1.Product must be in defectivecondition when sold. 2.Defendant is in the business ofselling the product. 3.Product must be unreasonablydangerous. 4. Plaintiff must be physically harmed 5. Defective condition must be proximate cause ofinjury. 6.Goods are in substantially same condition. |
|
|
How is Product liabilty based? |
–Negligence
–Misrepresentation –StrictLiability –WarrantyTheory |
|
|
Whats an unreasonably dangerous product? |
-Theproduct was dangerous beyond the expectation of the ordinary consumer; -Aless dangerous alternative was economically feasible for the manufacturer, butthe manufacturer failed to produce it |
|
|
What is a manufacturing defect? |
Whena product “departs from its intended design even though all possible care wasexercised in the preparation and marketing of the product.” |
|
|
What are design effects? |
-Productis manufactured correctly. -Test:plaintiffmust show defendant’s failure to use a reasonablealternative design rendered the product not reasonably safe. |
|
|
What are inadequate warnings? |
-Liabilitybased on foreseeability that proper instructions/labels would have made theproduct safe to use. -ObviousRisks. -ForeseeableMisuses. |
|
|
What is Market-Share Liability? |
Eachdefendantis proportionatelyliable based on its market share tomanufacture of same defective product. |
|
|
What are some defenses of Product Liability? |
-Assumptionof Risk.
–ProductMisuse. -CommonlyKnown Dangers (e.g., matches, sharp knives). -Knowledgeable User (e.g., electricians). -Statutesof Limitation and Repose. |
|
|
What is intellectual property? |
-Propertyresulting from intellectual, creative processes—the products of an individual’smind. - owners willbepaid a royalty on all sales of goods manufactured or sold pursuant to thelicense. |
|
|
What is a trademark? |
-Adistinctive mark, motto, or device that a manufacturer stamps, prints, orotherwise affixes to goods so that they may be identified on the market. |
|
|
How does federal protect trademarks? |
Federallaw protects infringement as well as dilution |
|
|
What is the 1999 Lanham Act? |
Prohibitionof “cybersquatting” |
|
|
What is the "Fair Use" doctrine? |
-statutorydefense to claim of infringement –criticism, –commentary,–newsreporting, –teaching,–scholarship,or –research. |
|
|
Is computer software covered in copyright? |
Yes –Softwarecode is deemed a “literary work” –Courtsgenerally do not protect “look and feel” of various programs. |
|
|
What is the CopyrightAct of 1976? |
Infringementmayoccur when a song (or any part of it) is copied or downloaded into a computer
|
|
|
What is the DigitalMillennium Copyright Act? |
–Providescivil and criminal penalties to circumvent encryption software (like DVD).
–LimitsISP liability for subscriber acts. –‘FairUse’ Exceptions for Libraries, universities and others. |
|
|
What is a trade secret? |
informationor a process that gives a person or business an advantage over competitors whodo not have access to the information or process |
|
|
What can the gov. do about trade secret? |
isalmost exclusively a matter of common law - not a matter of any state orfederal agencygle.com
|
|
|
What are some examples of trade secrets? |
–customerlists, –pricinginformation, –marketingtechniques, –researchand development -productionmethods |
|
|
What is the ElectronicCommunications Privacy Act? |
–Prohibitsinterception of any wire, oral, or electronic communication. - Alsoprohibits the intentional disclosure of said information |
|
|
What is a felony? |
Acrime—such as murder, rape, or robbery—that carries the most severe sanction,ranging from one or more years in prison to forfeiture of one’s life |
|
|
What is a misdemeanor? |
–Alesser crime—such a disorderly conduct, trespass, or petty theft—punishable bya fine and/or imprisonment for up to one year |
|
|
What are white collar crimes? |
-Embezzlement
-Mail and Wire Fraud -Bribery -Theftof Trade Secrets -InsiderTrading |
|
|
What is the ExclusionaryRule? |
–Anyevidence obtained in violation of the accused’s Fourth, Fifth, and/or SixthAmendment rights –Anyevidence derived from illegally obtained evidence. |
|
|
What is the CAN-SPAM Act ? |
- Controllingthe Assault of Non-Solicited Pornography and Marketing - Allows unsolicitedemails but they cannot be misleading |
|
|
What is the whistleblower protection act? |
-Prohibitsan employer from terminating an employee for refusing to perform an illegal orfor reporting illegal conduct to proper authorities. -Bothfederal and state provisions |
|
|
What is the Fair Labor Standards Act? |
- Minimum Wage - Overtime Pay - Child Labor |
