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35 Cards in this Set
- Front
- Back
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Libel |
Defamation in writing or other permanent(digital recording)p 115
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Defamation
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Publicly hurting a person's good reputation. p 115
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False Imprisonment
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Intentional confinement of restraint of another person's activities w/o justification. p 115
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Battery
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-Physically harming someone.
-Can just be offensive(unwanted kiss/touch) -Includes anything attached to the person. p 114 |
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Cyber Tort
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tort committed via the internet. p 113
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Tortfeasor
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Person commited the tort. p 113
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4 types of slander per se
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A statement that a person:
-Has a disease -Committed a crime -Is unchaste -Committed improprieties while engaging in a profession/trade. p 116 |
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What is the purpose of Tort Law? What does it cover?
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-To give royalties to a person who has had their interests invaded.
-Physical injury -Privacy -Reputation -Property -Family relations -Dignity. p 113 |
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What needs to happen for it to be slander/libel?
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a third party must hear/read it. p 116
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Slander
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Defamation in oral form(talk). p115
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4 defenses to Assult/Battery
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-Consent
-Self Defense -Defense of others -Defense of property(doesn't justify killing someone) p 114 |
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Tort
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wrongful action. p 112
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Assault
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Intentional Act that creates fear or apprehension in a person. p 114
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Business Tort
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a Tort committed in the business world. p 113
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Actionable
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Capable of serving as the ground for a lawsuit. p 115
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What is needed in order to get compensation?
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-Only the intent to bring about the harmful contact to the plaintiff. p114
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In tort law, what is "intent"?
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just that the person meant for the consequences to happen. (pushing someone, even in good intention, is an intentional tort)p 113
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Intentional Infliction of Emotional Distress
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Intentional act that amounts to extreme & outrageous conduct resulting in severe emotional distress to another. p 115
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Actual Malice
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Statement about a public figure with knowledge of falsity, or with a reckless disregard of the truth. p 117
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4 acts that Qualify as invasion of privacy
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-Use of name/pic/etc for commercial purposes
-Intrusion into one's affairs -Disclosure of private facts -Publication of info that puts a person in a false light. p 117 |
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Appropriation
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the use of someone's name, likeness, or other identifying characteristic w/o their approval. p 118
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5 things that are included in fradulent Misrepresentation
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-the misrepresentation of facts w/ knowledge that they are false
-intent to induce another to rely on the misrepresentations -Justifiable reliance by the deceived party -Damages suffered as a result of the reliance -casual connection between the misrepresentation and the injury suffered. p 118 |
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puffery
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"seller's talk" or exaggerated claims..."i am the best accountant in town" p 118
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Wrongful Interference with a Contractual Relationship.(3 things)
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-a valid contract between two parties
-a 3rd party must know about the contract -that party must intentually cause either of the two parties to breah the contract. p 119 |
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Wrongful Interference with a Business Relationship
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-you cannot solicit another store's customers for your own gain. p 119
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Real Property
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land and all things permanently attached to it. p 120
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Personal Property
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moveable items
-furnature,money, stocks, bonds,etc. p 120 |
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Defenses against Trespass to Land
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-show that the trespass was warranted (ex. to help someone)
-show that he/she had a license (ex. electric meter reader) p 121 |
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Conversion
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When personal property is wrongfully taken from its rightful owner and placed in the service of another. p 122
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What tort normally occurs when Conversion is committed?
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Trespass to personal property. p 122
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Disparagement of Property
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when economically injurious falsehoods are made about another's product or property. p 122
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Slander of Quality
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Publication of false info about another's product, alleging that it is not what the seller claims. p 123
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Slander of Title
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-Knowingly publishing an untrue statement about property with the intent of discouraging a 3rd party from dealing with that person.
-Cast doubt on another's legal ownership of any property. p 123 |
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Negligence
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when someone suffers injury because of another's failure to live up to a required duty of care. p 123
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What 4 questions should be asked when determining negligence?
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-Did the defendant owe a duty of care to the plaintiff?
-Did the defendant breach that duty? -Did the plaintiff suffer a legally recognizable injury as a result of the defendant's breach of the duty of care -did the defendant's breach cause the plaintiff's injury |
