Fundamentals Of Ny Law.. Final Test

Front 1

tort

Back 1

a civil wrong between persons, or a person and a business.

Front 2

which courts do torts take place

Back 2

court of claims, small claims court, city court has limited civil jurisdiction, **NYS supreme court**

Front 3

Torts are divided into three catagorys

Back 3

1. intentional
2. negligent
3. strict liability

Front 4

What all tort cases must prove?

Back 4

1. violation
2. duty
3. causing
4. harm. (a violation of a duty causing harm)

Front 5

Harm

Back 5

injury, in some form to the plantiff. (can be property damage). Out of pocket expenses. can be tresspassing, or violating property rights

Front 6

civil case remedys

Back 6

money, injunction, specific performance (to actually carry out the contract).

Front 7

duty

Back 7

has the legal duty to do something. property owners must keep their property reasonably safe.

Front 8

intentional torts

Back 8

assault, battery, trespass.

Front 9

standard for liability

Back 9

actions must be the proximal cause

Front 10

measures of worth

Back 10

young, earning power, finacial obligations (kids), pain and suffering

Front 11

negligence

Back 11

malpractice, car accident, prodcuts liability

Front 12

tort feassor

Back 12

the person who commits the tort

Front 13

strict liability

Back 13

abnormally dangerous activity results in harm, (tiger in back yard)

Front 14

does ny use comparitive or contributive negligence

Back 14

NY follows compartive negligence

Front 15

contributive negligence

Back 15

if you contributed to the action, you dont get anything in your favor in the judgement

Front 16

compartive negligence

Back 16

plantiff pays part of the judgement

Front 17

general compensatory damages

Back 17

actual costs, result from incident- medical bills, lost wages, housekeeping expenses, loss of consorpution

Front 18

special compenstatory damages

Back 18

may result in more money damages, if a model gets injured on her face. This is the legal maximum.

Front 19

nomial damages

Back 19

minimal, very small amount rewarded, plaintiff suffered little such harm

Front 20

punitive damages

Back 20

disourage further acts. peanilize defendants bad conduct. this is usually where you see large judgements.

Front 21

statutory damages

Back 21

workers compensation

Front 22

liquidated damages

Back 22

agreed to by contract

Front 23

class action

Back 23

a lot of people are injured similarly, they join together in one suit against a tort feasor.

Front 24

pip

Back 24

personal injury protections

Front 25

factors that affect car insurance rates?

Back 25

age, driving record, cedit rating, gender, type of car/color, geographic location, protective devices

Front 26

can a protected class be a basis for higher insurance

Back 26

yes, they can be charged more even though they are protected classes because statistics show that they cause more accidents.

Front 27

what do you need to get married?

Back 27

A LICENSE ($40) good for 60 days,

Front 28

what is a marrage license

Back 28

permission form the state to get married

Front 29

do you need a blood test to get married?

Back 29

not anymore. it was previously needed to test for stds.

Front 30

how old do you have to be to get married with out other permission?

Back 30

18yrs.

Front 31

can you get married if you are 16/ 17yrs.. requirements?

Back 31

yes, you need parental permission (both if they are around, only one if they have been gone for 1yr).

Front 32

can you get married if you are 14/15?

Back 32

yes, you need judicial permission

Front 33

can you get married if you are under 14?

Back 33

no legal marriage allowed.

Front 34

who can legally marry two people?

Back 34

only legally sanctioned officiators: minister of a recognized religion, judge, mayor, clerk, member of clergy

Front 35

does a marrage need witnesses

Back 35

yes, it needs one witness who was a non participant

Front 36

can you marry your first cousin?

Back 36

yes, in ny you can marry your first cousin.

Front 37

marrage requirments

Back 37

valid license
sanctioned officiator,
witness
you must be single first

Front 38

when cant you get married?

Back 38

if you are too closely related. first cousins are not closely related to get married in ny.

Front 39

common law marriage

Back 39

when a man and a women live together for a certain period of time they become legally married. these are not recognized in nys.

Front 40

what court do you go to get a divorce

Back 40

New york state supreme court

Front 41

polygamy

Back 41

having multiple spouses

Front 42

monogamy

Back 42

having one spouse

Front 43

what are the grounds for divorce?

Back 43

1. cruel and inhumane treatment
2. adultry
3. abandoment for 1yr or more
4. imprisionment for 3yrs or more
5. legal seperation for 1yr

Front 44

does ny have no fault divorces?

Back 44

no it does not

Front 45

legal seperation

Back 45

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

Front 46

can you get married if you are 16/ 17yrs.. requirements?

Back 46

yes, you need parental permission (both if they are around, only one if they have been gone for 1yr).

Front 47

can you get married if you are 14/15?

Back 47

yes, you need judicial permission

Front 48

can you get married if you are under 14?

Back 48

no legal marriage allowed.

Front 49

who can legally marry two people?

Back 49

only legally sanctioned officiators: minister of a recognized religion, judge, mayor, clerk, member of clergy

Front 50

does a marrage need witnesses

Back 50

yes, it needs one witness who was a non participant

Front 51

can you marry your first cousin?

Back 51

yes, in ny you can marry your first cousin.

Front 52

marrage requirments

Back 52

valid license
sanctioned officiator,
witness
you must be single first

Front 53

when cant you get married?

Back 53

if you are too closely related. first cousins are not closely related to get married in ny.

Front 54

common law marriage

Back 54

when a man and a women live together for a certain period of time they become legally married. these are not recognized in nys.

Front 55

what court do you go to get a divorce

Back 55

New york state supreme court

Front 56

polygamy

Back 56

having multiple spouses

Front 57

monogamy

Back 57

having one spouse

Front 58

what are the grounds for divorce?

Back 58

1. cruel and inhumane treatment
2. adultry
3. abandoment for 1yr or more
4. imprisionment for 3yrs or more
5. legal seperation for 1yr

Front 59

does ny have no fault divorces?

Back 59

no it does not

Front 60

legal seperation

Back 60

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

Front 61

ff & C

Back 61

full faith and credit. the states agreement that if a marriage is leagl in one state then its legal in all.

Front 62

anullment

Back 62

the marriage didnt happen, it wasnt a valid marriage.

Front 63

standard of proof in divorce case

Back 63

if a divorce is contested it must proven by a preponderance of the evidence.

Front 64

what should be in your legal seperation

Back 64

house, spousal support, child support and visitation, real property, personal property, debts

Front 65

prenuptial agreement

Back 65

a contract signed before marrage that determines how the assests will be divided

Front 66

does alimony stop if you get remarried

Back 66

yes

Front 67

default devorce

Back 67

the court will grant a divorce if the respondent doesnt contest or show up to court

Front 68

to be tried as juvenile delinquent

Back 68

under 15, family court by a preponderance of the evidence

Front 69

juvenile offender

Back 69

allows 14 and 15yr olds to be tried as adults in criminal court insted of family court

Front 70

what is the youngest age to be prosecuted as an adult

Back 70

13, for murder 2.

Front 71

youthfull offender

Back 71

a sentance benefit for young people 16-19ish that seals off their criminal records.

Front 72

tort law

Back 72

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.

Front 73

standard of proof for a tort?

Back 73

by a preponderance of the evidence

Front 74

tort law liability

Back 74

can be based on both action and failure to act

Front 75

quasi tort/ secondary liability

Back 75

where a person is held accountable for the actions of another

Front 76

harm

Back 76

injury- medical bills, lost wages, psychiatric expenses, damages to business

Front 77

good samaritian

Back 77

a person has no legal duty to help another in need.

Front 78

cause

Back 78

defendants actions must be the proximate cause for the damage. must be a reasonable forseeable consequence

Front 79

violations of tort law

Back 79

intentional
negligent
strict liabiltiy

Front 80

negligence

Back 80

more than mere carelessness

Front 81

strict liablity

Back 81

is neither intentional or negligent

Front 82

comparative negligence

Back 82

if there is negligence on the part of both parties, the amount of the recovery is reduced by the percentage of the plaintiffs negligence.

Front 83

contributive negligence

Back 83

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

Front 84

injunction

Back 84

a court order to stop doing something

Front 85

preliminary injunction

Back 85

temporary until the facts of the case can be decided

Front 86

specific preformance

Back 86

quite rare, order from the court for the defendant to specifically perform the contested issue.

Front 87

general damages

Back 87

result directly from an accident or injury. medical expenses, lost wages, reduced earning potential, housekeeping,

Front 88

special damages

Back 88

those damages which are reflective of the legal maxim that a tortfeasor takes the injured person as he finds him.

Front 89

non-compensatory tort damages

Back 89

not dependent on the acutla expenses caused by the tort. 2 kinds, nomianl and punitive

Front 90

nomial damages

Back 90

very small amount awarded where the law recognizes the plantiff was wronged by the defendant but suffered litle harm

Front 91

punitive damages

Back 91

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

Front 92

workers compensation

Back 92

a statutory damage on a no fault basis.

Front 93

liquidated damages

Back 93

damages that are predetermined in an agreement between the parties. (breech of contract clauses).

Front 94

role of insurance in tort law

Back 94

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.

Front 95

required insurance minimums

Back 95

pips (personal injury protection).
liability injury protection- damages against their own or others property.

Front 96

in what automobile accidents can you be sued.

Back 96

when the damages exceed the insurance coverage.

Front 97

where do you find the rules for how to get married?

Back 97

in the New York State statutes Domestic Relations Law. (DRL)

Front 98

annulment

Back 98

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

Front 99

marriage license

Back 99

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.

Front 100

watiting periods on marriage licesnes

Back 100

24 hour waiting period, up to 60 from the witnessed signituture.

Front 101

can you marry if you are under 14

Back 101

no. there are no exceptions to this rule in nys.

Front 102

who can preform a valid marriage ceremony

Back 102

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.

Front 103

what marriages are not valid in nys

Back 103

homosexual marriages
polygamous marriages
common law marriages.

Front 104

how is a marriage terminated

Back 104

by death of one of the spouses
or by divorce

Front 105

cruel and inhuman treatment

Back 105

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.

Front 106

abandoment

Back 106

must be without conest and without justification

Front 107

when you cant use adultry

Back 107

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

Front 108

juvenile delinquents

Back 108

ages 7-12 who commit crimes and are dealt with in family court

Front 109

juvenile offenders

Back 109

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.

Front 110

youthful offender

Back 110

16-18 commit crimes in regular court system. private proceedings resulting in sealed records.