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110 Cards in this Set

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tort
a civil wrong between persons, or a person and a business.
which courts do torts take place
court of claims, small claims court, city court has limited civil jurisdiction, **NYS supreme court**
Torts are divided into three catagorys
1. intentional
2. negligent
3. strict liability
What all tort cases must prove?
1. violation
2. duty
3. causing
4. harm. (a violation of a duty causing harm)
Harm
injury, in some form to the plantiff. (can be property damage). Out of pocket expenses. can be tresspassing, or violating property rights
civil case remedys
money, injunction, specific performance (to actually carry out the contract).
duty
has the legal duty to do something. property owners must keep their property reasonably safe.
intentional torts
assault, battery, trespass.
standard for liability
actions must be the proximal cause
measures of worth
young, earning power, finacial obligations (kids), pain and suffering
negligence
malpractice, car accident, prodcuts liability
tort feassor
the person who commits the tort
strict liability
abnormally dangerous activity results in harm, (tiger in back yard)
does ny use comparitive or contributive negligence
NY follows compartive negligence
contributive negligence
if you contributed to the action, you dont get anything in your favor in the judgement
compartive negligence
plantiff pays part of the judgement
general compensatory damages
actual costs, result from incident- medical bills, lost wages, housekeeping expenses, loss of consorpution
special compenstatory damages
may result in more money damages, if a model gets injured on her face. This is the legal maximum.
nomial damages
minimal, very small amount rewarded, plaintiff suffered little such harm
punitive damages
disourage further acts. peanilize defendants bad conduct. this is usually where you see large judgements.
statutory damages
workers compensation
liquidated damages
agreed to by contract
class action
a lot of people are injured similarly, they join together in one suit against a tort feasor.
pip
personal injury protections
factors that affect car insurance rates?
age, driving record, cedit rating, gender, type of car/color, geographic location, protective devices
can a protected class be a basis for higher insurance
yes, they can be charged more even though they are protected classes because statistics show that they cause more accidents.
what do you need to get married?
A LICENSE ($40) good for 60 days,
what is a marrage license
permission form the state to get married
do you need a blood test to get married?
not anymore. it was previously needed to test for stds.
how old do you have to be to get married with out other permission?
18yrs.
can you get married if you are 16/ 17yrs.. requirements?
yes, you need parental permission (both if they are around, only one if they have been gone for 1yr).
can you get married if you are 14/15?
yes, you need judicial permission
can you get married if you are under 14?
no legal marriage allowed.
who can legally marry two people?
only legally sanctioned officiators: minister of a recognized religion, judge, mayor, clerk, member of clergy
does a marrage need witnesses
yes, it needs one witness who was a non participant
can you marry your first cousin?
yes, in ny you can marry your first cousin.
marrage requirments
valid license
sanctioned officiator,
witness
you must be single first
when cant you get married?
if you are too closely related. first cousins are not closely related to get married in ny.
common law marriage
when a man and a women live together for a certain period of time they become legally married. these are not recognized in nys.
what court do you go to get a divorce
New york state supreme court
polygamy
having multiple spouses
monogamy
having one spouse
what are the grounds for divorce?
1. cruel and inhumane treatment
2. adultry
3. abandoment for 1yr or more
4. imprisionment for 3yrs or more
5. legal seperation for 1yr
does ny have no fault divorces?
no it does not
legal seperation
must be a full year, if recogcilliation occurs at anytime during split then the time starts over, time starts when you file a seperation with the county clerk
can you get married if you are 16/ 17yrs.. requirements?
yes, you need parental permission (both if they are around, only one if they have been gone for 1yr).
can you get married if you are 14/15?
yes, you need judicial permission
can you get married if you are under 14?
no legal marriage allowed.
who can legally marry two people?
only legally sanctioned officiators: minister of a recognized religion, judge, mayor, clerk, member of clergy
does a marrage need witnesses
yes, it needs one witness who was a non participant
can you marry your first cousin?
yes, in ny you can marry your first cousin.
marrage requirments
valid license
sanctioned officiator,
witness
you must be single first
when cant you get married?
if you are too closely related. first cousins are not closely related to get married in ny.
common law marriage
when a man and a women live together for a certain period of time they become legally married. these are not recognized in nys.
what court do you go to get a divorce
New york state supreme court
polygamy
having multiple spouses
monogamy
having one spouse
what are the grounds for divorce?
1. cruel and inhumane treatment
2. adultry
3. abandoment for 1yr or more
4. imprisionment for 3yrs or more
5. legal seperation for 1yr
does ny have no fault divorces?
no it does not
legal seperation
must be a full year, if recogcilliation occurs at anytime during split then the time starts over, time starts when you file a seperation with the county clerk
ff & C
full faith and credit. the states agreement that if a marriage is leagl in one state then its legal in all.
anullment
the marriage didnt happen, it wasnt a valid marriage.
standard of proof in divorce case
if a divorce is contested it must proven by a preponderance of the evidence.
what should be in your legal seperation
house, spousal support, child support and visitation, real property, personal property, debts
prenuptial agreement
a contract signed before marrage that determines how the assests will be divided
does alimony stop if you get remarried
yes
default devorce
the court will grant a divorce if the respondent doesnt contest or show up to court
to be tried as juvenile delinquent
under 15, family court by a preponderance of the evidence
juvenile offender
allows 14 and 15yr olds to be tried as adults in criminal court insted of family court
what is the youngest age to be prosecuted as an adult
13, for murder 2.
youthfull offender
a sentance benefit for young people 16-19ish that seals off their criminal records.
tort law
the body of civil law which provides a legal remedy to a person when there has been a violation of duty causing harm to that person.
standard of proof for a tort?
by a preponderance of the evidence
tort law liability
can be based on both action and failure to act
quasi tort/ secondary liability
where a person is held accountable for the actions of another
harm
injury- medical bills, lost wages, psychiatric expenses, damages to business
good samaritian
a person has no legal duty to help another in need.
cause
defendants actions must be the proximate cause for the damage. must be a reasonable forseeable consequence
violations of tort law
intentional
negligent
strict liabiltiy
negligence
more than mere carelessness
strict liablity
is neither intentional or negligent
comparative negligence
if there is negligence on the part of both parties, the amount of the recovery is reduced by the percentage of the plaintiffs negligence.
contributive negligence
not used today. the theory of if the person harmed by the tort feasor was also proven to be negligent, then that person was barred from any recoverys
injunction
a court order to stop doing something
preliminary injunction
temporary until the facts of the case can be decided
specific preformance
quite rare, order from the court for the defendant to specifically perform the contested issue.
general damages
result directly from an accident or injury. medical expenses, lost wages, reduced earning potential, housekeeping,
special damages
those damages which are reflective of the legal maxim that a tortfeasor takes the injured person as he finds him.
non-compensatory tort damages
not dependent on the acutla expenses caused by the tort. 2 kinds, nomianl and punitive
nomial damages
very small amount awarded where the law recognizes the plantiff was wronged by the defendant but suffered litle harm
punitive damages
designed to punish a tortfeasor and to discourage further such acts. when a tort is deemed to be of an intentional, malicious, fraudulent, violent , or otherwise outrageous nature. like the macdonalds coffee case
workers compensation
a statutory damage on a no fault basis.
liquidated damages
damages that are predetermined in an agreement between the parties. (breech of contract clauses).
role of insurance in tort law
for a price, insurance companys guarentee to pay for attorneys to defend you in the event that you get sued, and agree to pay all or part of any amount recovered in a successful lawsuit.
required insurance minimums
pips (personal injury protection).
liability injury protection- damages against their own or others property.
in what automobile accidents can you be sued.
when the damages exceed the insurance coverage.
where do you find the rules for how to get married?
in the New York State statutes Domestic Relations Law. (DRL)
annulment
a judicila declaration that a marriage is viold from its inception. must be predicated on a fatal flaw, which must date back to the begining of the marriage
marriage license
a form which must be completed and signedc by both the bride and groom the officiant, and an uthorized representative of NYS, in order to five validity to a marriage.
watiting periods on marriage licesnes
24 hour waiting period, up to 60 from the witnessed signituture.
can you marry if you are under 14
no. there are no exceptions to this rule in nys.
who can preform a valid marriage ceremony
mayor of any city
town or city clerk
justice or judge
offically ordained member of the clergy
member of the clergy who has been chosen by a spiritual group to preside over the groups spiritual affairs.
what marriages are not valid in nys
homosexual marriages
polygamous marriages
common law marriages.
how is a marriage terminated
by death of one of the spouses
or by divorce
cruel and inhuman treatment
can involve either physical mor mental cruelty . must have such a serious effect on one of the spouses that it is not safe or proper for the parties to contine the marriage.
abandoment
must be without conest and without justification
when you cant use adultry
when the spouse has been forgiven or consented to
if you continue to have sexual relations with the adultering spouse after discovery of the behavior
5 years after the discovery
if both spouses committ adultery
juvenile delinquents
ages 7-12 who commit crimes and are dealt with in family court
juvenile offenders
13-15 commits crimes that can be dealt with in family court of criminal court. it is the distict attorney who makes the initial recommendation.
youthful offender
16-18 commit crimes in regular court system. private proceedings resulting in sealed records.