• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/17

Click to flip

17 Cards in this Set

  • Front
  • Back
Defimation
False statments that hurt someones rep
Four elements-Facts that plantiff must prove
-Defamatory statement
-Falseness
-communicated
-injury
opinion
Valid defense in a defamation suit
Public personalities/officials
recive less protection from def. Can win a case only by proving actual malice by the defendant.(Actually knew the statement was false or acted with reckless disregard of the truth.)
Online defamation
Immune from 3rd party postings
Absolute privilege
Defendants receive additional protection from def cases when it is important for them to speak.
Qualified privilege
Exists between two people who have a legitimate need to exchange information.
False imprisonment
A store may detain a customer or worker for alleged shoplifting provided there is reasonable basis for the suspicion and the detention is done reasonably
Infliction of emotional distress
A tort. It can be the intentional infliction of emotional distress, meaning that the defendant behaved outrageously and deliberately caused the plaintiff severe psychological injury, or it can be the negligent infliction of emotional distress, meaning that the defendant’s conduct violated the rules of negligence.
Compensatory
Money intended to restore a plantiff to the position he was in before the injury.
Medical
lost wages
pain and suffering
Guide post for awarding punitive damages
The rehensibility of the defendants conduct
the ratio between the harm suffered and the award
diff between the punitive award and any civil penalties used in sim cases
punitive award
should not be 9 times greater than compensatory damages
Tort reform
non economic damages (pain and suffering) cant exceed 3 times the economic damages or 250k total
tortious interference with a contract
There was a contract between the plaintiff and 3rd party
defendant knew of contract
defendant improperly induced the 3rd party to breach the contract or made performance of the contract imposs
there was injury to the plaintiff
justification
Defendants defense to claim that special circumstances made its conduct fair.
show that it was acting to protect an existing economic interest
-acting in the public interest
-the contract could be term at will
tortious interference with a prospective advantage
need be no contract. a plantiff who has a definite and reasonable expectation of obtaining an economic advantage may sue corp that maliciously interferes and prevents the relationship from developing.
commercial exploitation
prohibits the use of someones likeness or voice for commercial purposes
lanham act
broad protection against false statements intended to hurt another business
plantiff must prove 3 things
that the defendants made false or misleading fact statements about the plaintiffs business
that they used it in commercial advertising or promo
statements create likelihood of harm to the plaintiff