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16 Cards in this Set
- Front
- Back
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Two types of damages |
Compensatory damages(make whole) and Punitive damages(discourage) |
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Types of Torts |
Assault or battery, Intentional or unintentional |
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Fraud qualifications |
Misrepresent fact, relied on fact, suffered |
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Title VII civil rights acts covers 7 |
Race, color, religion, sex, national origin, age, disability |
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Proof title VII original 5 |
Member of protected class, qualified, hired someone, that person was not in their class |
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Two types of sexual harassment claims |
Quid pro quo, Hostile work environment |
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Hostile work environment qualification |
Must prove the situation is so severe or continuous that it creates an abusive environment, and changes are made in the workplace to avoid. |
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Liability for company in sexual harassment |
Supervisor (yes)- unless workplace proves their reasonable attempt to correct and plaintiff failed to take action. Coworker(no) - unless complaints were ignored |
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Age and disability proof (federal) |
Need to prove the refusal of hiring or promotion was based SOLELY on their class |
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Remedies in title VII suits |
Backpay(wage loss) Damages (capped at federal level) Job Re-enstatement |
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Defenses to discrimination |
(Title VII) -Bonafide occupational qualification (BFOQ) Entertainment (Equal pay act) -seniority -merit/productivity |
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Negligence |
Doing what a reasonable person wouldn't do OR failed to do what a reasonable person would do. |
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Duty of care and breach requirements |
Is there a duty to prevent? Did the defendant breach their duty of care? Is there causation? (causation in fact(happened because but 4) and proximate cause(foreseeability) Injury |
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Defenses to Negligence |
Assumption of risk Superseding or intervening cause(unforeseeable) Contributory or comparative negligence (how much did the plaintiff contribute) |
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Proving manufacturing defects |
Product was defective when sold Defendant was in the business Unreasonably dangerous Injury Substantially same condition (not old or heavily used) |
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Strict liability defenses |
Assumption of risk Product misuse Comparative negligence Commonly known dangers |
