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32 Cards in this Set
- Front
- Back
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torts
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wrongful conduct that causes injury
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what are the purposes or interest of Tort law?
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● personal physical safety
● protecting property ● physical security & freedom of movement ● protecting certain intangible interests ● reputation ● privacy ● family relations |
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Trespass
Give Example |
Entering on lands of another without permission
Example: Timber Trespass 3 X value cut |
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Assualt
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putting someone in reasonable fear of immediate voilant injury
* no physical contact |
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Battery
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unlawful touching or offensive
* Phyically hurting someone |
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Defenses of battery
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* consent
* defense of others * self defense |
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What are the 2 types of defamation?
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* Libel (written)
* Slander (oral) |
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Defamation
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* wrongfully hurting a person (business) good reputation
* false or reckless statements of fact about a person (business) |
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what are the defenses of defamation
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1. truth
2. good reputation 3. opinions are protected 4. publication (communication) |
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false imprisonment
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detaining someone without cause
hold 1/2 hour |
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Interference with contract
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1. valid contract between parties
2. 3rd party knows about contract 3. 3rd party intentally causes 1 party to breach contract & 3rd party benefits |
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Elements of negligence
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D - Duty of Care
B - Breach of Duty of Care I - Injury C - Cause |
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proximate cause
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forseeability
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reasonable person standard
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judges actions
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what are the defenses of negligence
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* contributory
* comparative * assumption of risk |
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contributory negligence
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plaintiff get zero
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comparative negligence
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reduces plaintiff by award negligence
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assumption of risk
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.....
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damages in tort actions
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* compensatory - activities you used to do that you can no longer do
* punitive - punish the wrong doer & determine future wrongful behavior |
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joint & several liability
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recover 100% of damages of regligence
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2 events of crime
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1 act
2 mental state (intent) |
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classification of crime
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* felony - punishable by more than 1 year in prison
* misdemeanor - 1 year or less in jail |
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burglary
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breaking & entering a residents with the intent to commit a crime
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breaking & entering
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breaking & entering into a store or warehouse to commit a crime
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larceny
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stealing
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arson
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set fire to something on purpose
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receiving stolen property
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receiving something you knew or should have known was stolen
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forgery
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signing someone's name to a document
-checks- |
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uttering
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passed the forged document to a store, etc
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embezzlement
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stealing something you have a rights to.
-cash register- |
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insider trading
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knew something before it became public & bought or sold stocks, goods.
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money laundering
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money from any source illegal or legal that needs to pay taxes on
$ -----> store -----> taxes -----> clean or so they think! |
