Intentional Torts, Negligence, Crime, Starting Business

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tort

Back 1

civil wrong / crime for which law recognizes a remedy

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intentional tort

Back 2

harm caused by deliberate action / physical act

Front 3

negligence

Back 3

min standard of care / injuries caused by neglect and oversight / is D's behavior greater or less than min standard of care?

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slander per se

Back 4

statements so harsh P is not required to prove injury

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false imprisonment

Back 5

intentional restraint of another person w/out reasonable cause or consent

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intentional infliction of emotional distress

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results from extreme and outrageous conduct that causes serious emotional harm

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battery

Back 7

intentional touching on another person in a way that is unwanted or offensive

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assault

Back 8

occurs when D does some act that makes P fear imminent battery

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trespass

Back 9

intentionally entering land that belongs to someone else or remaining on the land after being asked to leave

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conversion

Back 10

taking or using someone's personal property w/out concent

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fraud

Back 11

injuring another person by deliberate deception

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interference with a contract

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only if P can establish there was a contact with P and third party which D knew, D improperly induced 3rd party to breach contract or make performance of contract impossible / injury to P

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interference with a prospective advantage

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need be no contact yet P is claiming outside interference with an expected economic relationship. P who has definite and reasonable expectation of obtaining economic advantage may sue a corp that maliciously interferes and prevents the relationship from developing.

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rights to privacy and publicity

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intrusion into someone's private live if a reasonable person would find it offensive

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commercial exploitation

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prohibits the use of someone's likeness or voice for commercial use

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lanham act violations

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statute provides broad protection against false statements intended to hurt another business

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defamation

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concerns false statements that harm someone's reputation, must be false, communicated to at least one person other than plaintiff, and show some injury / written - libel / oral - slander

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defense

Back 18

supposed statement is an option and cannot be proven true or false

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single recovery principle (civil suit)

Back 19

requires a court to settle the matter once and for all but awarding a lump sum for past and future expense

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elements of intentional tort

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Plaintiff must prove : Protected Interest/Duty, Breach of Duty/Injury/Legal Causation (factual causation, foreseeability of injury)/Defenses D might raise to avoid liability

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Rights

Back 21

Bodily Integrity (physical / emotional)
Property
Reputation
Contractual Obligations
Privacy

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Statute of Limitations

Back 22

limit one has to file is set by state legislature. most states get shorter for torts. Texas is one yr for torts others is 1-3. breach of contract is 2-6.

Front 23

negligence tort ? intentional or unintentional

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unintentional tort b/c it concerns harm that arises by accient

Front 24

elements of negligence

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PI/Duty of Care-foreseeability / Breach (failing to behave the way a reasonable person would) / factual Cause (if D's breach physically led to ultimate harm), Foreseeable Harm (type of harm must be reasonably foreseeable) ./ Injury (proven)

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civil lawsuit

Back 25

P files / wins $ / P wins, D is liable / preponderance of the evidence more than 50%

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criminal lawsuit

Back 26

Govt files / govt wins, D is guilty / jail & fine / beyond a reasonable doubt close to 100%

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dram act

Back 27

making liquor stores, bars, restaurants liable for serving drinks to customers who later cause harm

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res ispa loquitur

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the thing that speaks for itself - the fact that imply that D's negligence cause the accident - shift burden of proof from P to D
1.D had exclusive control over the thing that cause the harm
2.harm normally would have not occurred w/out negligence
3.P had not role in causing harm

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negligence per se

Back 29

legislature has set a min standard of care for a particular activity in order to protect certain groups of people and a violation of statute injuries a member of that group, the D had committed negligence per se / courts are not free to decide what a reasonable person would do b/c state legislature has made decision for them

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contributory negligence

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that P is even slightly negligent they recover nothing - not recognized in most states

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comparative negligence state

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a P may generally recover even if she is partially responsible. Jury will be asked to assess the relative negligence of 2 parties.

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assumption of risk

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a person who voluntarily enters a situation that has obvious danger cannot complain if they are injured.

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strict liability

Back 33

some activities are so dangerous that the law places an especially high burden on anyone who engages in them

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how is crime created?

Back 34

created by statues - conduct outlawed, govt prosecutes crime

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purpose of criminal law

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conduct is criminal when society outlaws it/ state legislature or congress concluded that certain behavior threatens the population there is a statute created to forbid that behavior, declaring criminal

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felony

Back 36

serious crime for which D can be sentence to one or more yrs in prison

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misdemeanor

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less serious crime often punished by a year or less in county jail

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larceny

Back 38

trespasser taking of personal property with the intent to steal it

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fraud

Back 39

deception of another person for the purpose of obtaining money or property
wire/mail-use if mail, telegram,phone,radio, tv, to obtain property by deceit

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arson

Back 40

malicious use of fire or explosives to damage or destroy any real estate or personal property

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embezzlement

Back 41

fraudulent conversion of property already in the defendant's procession.

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pc crime

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id theft

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money laundering

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taking proceeds of certain criminal acts and using money to promote crime or attempting to conceal the source of moeny

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Miranda warning

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confession obtained from custodial interrogation

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exclusionary rule

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prohibits the prosecution from using any confession if Miranda rights are not given / evidence obtained illegally may not be used at trail against victim of search

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probably cause

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based on all info presented it is likely that evidence of crime will be found in the place mentioned

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Corporate Compliance program

Back 47

plan to prevent and detect criminal conduct at all levels of company

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forming of general partnership

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at least 2 ppl share in mgmt and profits / may or may not have written agreement

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rights in general partnership (absent a written agreement)

joint and several liability

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all parties are equal right to share mgmt / joint and several liability - creditors can sue partnership and partners together or in separate lawsuit or combo / no taxable entity, reported on each partner's personal income tax return

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corporation created

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files articles of incorporation with secretary of state/ file in texas = domestic corp / file outside - foreign corp in texas

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advantages of corporation over partnership

Back 51

corp over protection of limited liability / can loose investment in company but not personal assets / corp protects managers and investors from personal liability for the debts and actions of others but not against personal negligence or other torts and crimes

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limited partnership

Back 52

at least one general partner who has all the authority and at least one limited partner who had no management authority

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general partnership

Back 53

dba filing - statue is a default for partnership agreement - 50/50

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Limited Liability Corporation (LLC)

Back 54

acts like general partnership, agreement says anything (members agreement or statute default 50/50) - members share no personal liability risk ./ in tx on person can be an LLC / no double taxation