Bus Law 2

Front 1

tort

Back 1

civil wrong not out of a breach of contract

Front 2

tort assault

Back 2

any word or action intended to make another person fearful of immediate harm

Front 3

tort battery

Back 3

touching of another in a way that is unwanted or offensive

Front 4

false imprisonment

Back 4

restraint of someone against their will and without justification. up to jury to decide.

Front 5

infliction of emotional distress

Back 5

intentional extreme and outrageous act resulting in severe emotional distress to another. physical symptoms usually needed, annoyance alone is not enough
does it make the average person exclaim "outrageous"

Front 6

criminal law

Back 6

gov prosecutes

Front 7

torts and contracts

Back 7

both civil. person vs person. contracts: breach of agreement. torts: causes harm

Front 8

intentional (business) torts

Back 8

deliberate action

Front 9

negligence

Back 9

unintentional

Front 10

defenses for false imprisonment

Back 10

shopkeeper's privilege: store owners can detain shoplifters for a reasonable amount of time

Front 11

defenses to assault and battery

Back 11

self defense/ reasonable force, consent, defense of others/property (make my day law)

Front 12

defamation

Back 12

false statement of fact communicated to 3rd party causing damage to that persons name

Front 13

slander

Back 13

oral

Front 14

libel

Back 14

written

Front 15

defamation to public figures

Back 15

you have to show actual malice (knowledge of falsity or reckless disregard for truth)

Front 16

defenses for defamation

Back 16

truth, opinion, privileged communications, qualified immunity (thought info to be legit, pure motive), absolute immunity (under oath)

Front 17

tort damages

Back 17

what plaintiff asks for

Front 18

compensatory tort damages

Back 18

pay for harm caused, meant to restore victim to way they were before

Front 19

pain and suffering tort damages

Back 19

award to victim

Front 20

punitive tort damages

Back 20

punishment, pay for bad conduct. deterence, no direct correlation to damages awarded. bigger awards, states limit

Front 21

negligence

Back 21

unintentional tort- foreseeable risk of harm. duty of care owed by defendant to plaintiff. breach of that duty. causation: injury or harm caused by breach. damages, duty: if they can foresee that harm could happen a duty exists. reasonable person standard: how would a reasonable person have acted in the same circumstances?

Front 22

special duties

Back 22

reasonable care in common areas. landowners: noise, safety, trespassers (liability for safety or warn). and children

Front 23

damages for genuine injury

Back 23

mostly compensatory, rarely punitive because unintentional

Front 24

causation of duties

Back 24

must have causation and damages.

Front 25

actual (factual) cause

Back 25

did breach of duty actually cause injury? "but for" test

Front 26

proximate (legal) cause

Back 26

connection between injury and act (nexus). foreseeablity: can you tell this could cause an injury

Front 27

superceding cause

Back 27

independent action that breaks causation link (nexus)

Front 28

defenses to negligence

Back 28

assumption of risk: voluntarily enters a situation that has an obvious danger. superceding cause/ force. contributory negligence: few states have this. jury finds plaintiff acted negligently then they recover nothing. comparative negligence: if plaintiff is 20% at fault that much is taken out of award. modified: if plaintiff is greater than 50% at fault they get nothing

Front 29

strict liability

Back 29

defendent is liable regardless of fault because so dangerous

Front 30

criminal

Back 30

activities outlawed by society/gov

Front 31

felonies

Back 31

more serious than crimes, greater than one year in jail-death

Front 32

misdemeanors

Back 32

fine or less than one year in jail

Front 33

petty offense

Back 33

minor traffic violation

Front 34

burden of proof

Back 34

obligation of one party to prove the case against another party (gov)

Front 35

criminal burden of proof

Back 35

beyond a reasonable doubt (makes reasonable person pause)

Front 36

civil burden of proof

Back 36

preponderance of the evidence (less burden of proof, more likely than not), clear and convincing evidence (higher than proponderance, substantially more likely than not like custody)

Front 37

punishment

Back 37

deterrence, retribution, restraint, vengeance, rehabilitiation

Front 38

4th amendment

Back 38

search and seizure: home, person, business
probable cause: warrant, facts or evidence that would make a reasonable person think a crime was being or about to be committed

Front 39

exceptions to warrant requirement

Back 39

emergencies, consent, plain view, lawful arrest, stop and frisk

Front 40

5th amendment

Back 40

double jeopardy: right not to self incriminate (right to remain silent) miranda rights

Front 41

6th amendment

Back 41

speedy trial, right to jury, right to confront witnesses (cross examine), right to attourney (effective assistance of counsil)

Front 42

8th amendment

Back 42

bail, excessive fines, cruel and unusual punishment

Front 43

if amendments are broken

Back 43

exclusionary rule: evidence taken in violation of consitution must be excluded from trial
fruit of poisonous tree doctrine: any evidence derived from illegally obtained evidence must also be excluded

Front 44

criminal act

Back 44

actus reus (guilty act)
criminal intent (state of mind): mens rea

Front 45

specific intent

Back 45

intended for action to result in consequence

Front 46

general intent

Back 46

act that is inherrently dangerous, likely to produce result

Front 47

reckless or negligent

Back 47

disregarding substantial risk of injury

Front 48

strict liability

Back 48

outrageous, no mens rea

Front 49

compliance programs

Back 49

court ordered to company to ensure crime deosnt happen again, reduced sentence

Front 50

forgery

Back 50

fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another

Front 51

robbery

Back 51

forcefully and unlawfullly taking personal property of any value from another

Front 52

burglary

Back 52

unlawful entry into a building with the intent to commit a crime

Front 53

larceny

Back 53

wrongful taking and carrying away of another property with the intent to permanently deprive the owner of the property (theft)

Front 54

embezzlement

Back 54

fraudulent appropriation of money or other property by a person to whom it has been entrusted

Front 55

arson

Back 55

malicious burning of anothers dwelling or building

Front 56

mail and wire fraud

Back 56

federal crimes, mailing or causing someone to mail writing with purpose to execute a scheme or defraud

Front 57

bribery

Back 57

crime when bribe is offered. separate crime when bribe is accepted

Front 58

bankruptcy fraud

Back 58

concealment of property

Front 59

money laundering

Back 59

falsely reporting income that has been obtained through criminal activity as income obtained through legit business enterprise

Front 60

theft of trade secrets

Back 60

state trade secret laws

Front 61

insider trading

Back 61

inside info disclosed, subject to securities law

Front 62

identity theft

Back 62

using someone elses financial info to gain access to financial accounts

Front 63

defenses to crimes

Back 63

juvenile: treated differently
intoxication: involuntary is a defense, voluntary not so much
insanity: clinical, no mens rea, rarely successful
mistake
consent
duress: unlawful pressure/ threat by a 3rd person causing you to perform an act you wouldnt otherwise do
justifiable use of force: self defense/ defense of others
entrapment: defendant was induced by a public official to commit a crime they would not have otherwise committed
statute of limitations: have to be charged within a certain amount of time of crime being committed
immunity: plea agreement