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28 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Intentional infliction of emotional distress
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physical impact or physical harm is not required
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Self-defense and defense of others is available to the extent the person
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reasonably believes is necessary to defend herself or a third party (including deadly force)
Retreat is not necessary |
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Presumption of a reasonable belief of death or great bodily harm if (2)
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1. person unlawfully and forcefully entered a dwelling, residence or occupied vehicle and was attempting to remove another from that are AND
2. the person who uses the defensive force knew or had reason to believe that and unlawful forcible entry or act occurred or was occurring |
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Exceptions to the presumption of a reasonable belief - a person using defensive force will not be presumed to have a reasonable fear of death or great bodily harm if: (4)
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1. the person against whom force is used has a right to be in that area and there is no court order against it
2. the person sought to be removed is a child or grandchild of the person whom the defensive force is used 3. the person who uses defensive force is engaged in an unlawful activity or using the area to further an unlawful activity 4. the person against whom the defensive force is used is a PO performing her official duties and the person knew or should have known it was a PO |
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PFC of Defamation
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1. a statement of fact
2. a defamatory effect from the statement 3. id of the plaintiff as the subject 4. publication to a 3rd person 5.compensable damaged to the P 6. falsity of the statement 7. requisite fault by the D |
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May a dead person be defamed?
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No - PR may sue if D had a defamation action WHILE LIVING
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Notice Requirement for Defamation Suits
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5 days before instituting suit, P must serve written notice on media D specifying the alleged false and defamatory article or broadcast.
If media fully retracts the article w/in 10 days of receipt of the notice AND the original publication was made in GF, then only actual damages may be recovered |
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Qualified Privilege for defamation of libel:
The communication must be made in |
1. good faith
2. by one w/ an interest or duty regarding the subject matter 3. limited to such interest or duty in scope 4. given appropriately AND 5. made in proper manner |
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Qualified privilege is lost through express malice. Express malice is defined as
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the PRIMARY motive for the statement is an intent to injure P.
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Negligence Duty: Commercial property duty to those off the premises
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conditions that contribute to injuries to a P off the landowner's premises should be evaluated under the est negligence principles regardless of whether the conditions are artificial or natural (does not apply to residential homeowners)
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Duty to undiscovered trespassers (not invited and not discovered w/in 24 hrs)
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LO must refrain from intentional misconduct that proximately causes injury
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Duty to discovered trespassers
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LO must refrain from gross negligence or intentional misconduct that proximately causes injury and must warn of dangerous conditions that are known but not readily observable by others
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"attractive nuisance" doctrine
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requires that P must have been lured onto the premises by the dangerous condition
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Liability to a person committing a felony
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no liability for negligent death, injury, or damage to a person who is attempting to or committing a felony
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Uninvited licensee
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persons who choose to come onto the property solely for their own convenience w/o invitation and are owed the same duty as a trespasser
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Social guests in FL are known as
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"licensees by invitation" and they are treated as invitees and owed a duty of reasonable care under the circumstances
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POs and Firefighters are treated as
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invitees in FL if in the discharge of her duty
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Business invitees - statutory duty owed
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Reasonable care to maintain the premises in a reasonable safe condition for the safety of business invitees.
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Claimant in a business invitee action has the burden of proving (3)
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1. business owed a duty to the claimant
3. business acted negligently by failing to exercise reasonable care in the maintenance, inspection, repair, warning, or mode of operation of the business premises AND 3. the failure to exercise reasonable care was a legal cause of the loss, injury or damage |
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Statutory Standards of Care
1. SL 2. Negligence per se 3. PF evidence of negligence |
1. SL; when the statute is designed to protect a particular class from their inability to protect themselves
2. NPS: when statute est a duty to take precautions to protect a particular class FROM a particular injury 3. all other statute violations are PF evidence. Includes traffic violations. |
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Negligent infliction of emotional distress: bystanders may recover even if there is no "impact", if there are physical injuries cause by D's negligence. Bystander must prove (3)
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1. D negligently injured a person whom D has a special relationship with
2. injury occurs w/in the sensory perception of the P (includes arriving on the scene while injured party is still there) AND 3. P suffers a causally connected, clearly discernible physical impairment following the trauma. |
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Good Samaritan statute applies to all person who gratuitously render aid at the scene of an emergency but the rescuer remains liable for
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ordinary negligence
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Good Samaritan statute immunity from civil liability in 3 situations
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1. In ER where obligated to provide emergency services, not liable unless acted w/ reckless disregard
2. health care workers who voluntarily render emergency services to persons other than their patients are not liable unless they acted willfully and wantonly 3. persons using a defibrillator in emergency are not liable unless acted with recklessness or gross negligence |
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No cap on punitive damages if
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Intentional harm OR Intoxication
For abuse of children, elderly, or mentally disabled, punitive damages may exceed 3x the compensatory damages award |
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Comparative negligence
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pure comparative negligence approach in which any party may have a claim for damages unless he was 100% at fault.
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Failure to wear a seatbelt
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is evidence of contributory negligence
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Alcohol of drug intoxication: may not recover if
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1. intoxicated of BAL > .09%
2. and more than 50% at fault for her own harm |
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new (sing. of "news")
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خبر
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اخبار
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