Legal Environment Exam 2

Front 1

tort

Back 1

civil wrong doings other than breach of contract

Front 2

negligence tort

Back 2

unintentional careless conduct did not mean to do it

Front 3

duty (negligence tort )

Back 3

what would a reasonable person do uner the stance?

ordinary care or due care

Front 4

Breach of Duty (negligence tort )

Back 4

act or mission

ex: dirivng to fast

Front 5

causation (negligence tort)

Back 5

actual cause , proximate cause

Front 6

actual cause

Back 6

"butt for " your negligence act injury not occured

ex:

- fidel castro not a cuba communist

- def kid dies in fire when alarm doesnt go off, wouldnt here it if it was working

Front 7

proximate cause

Back 7

reasonable relationship between the negligence act and injury ( far fetch someone would expect injury )

Front 8

Palsgralf case

Back 8

man chases after train w/ fireworks in bag, explodes. company not responsible because not in realm of thought man would be carrying fireworks

Front 9

contributory to negligence

Back 9

if you contribute at all to the accident you cant sue

Front 10

comparative negligence

Back 10

compare how negligence 1vs other

ex: pay damages in an accident to each side, some states only have 50% negligence

Front 11

assumption of risk

Back 11

assume risk of someone elses negligence cant sure

ex:

- get in car w/ drunk driver hit a tree cant sue

- golf tournament get hit w/ball

Front 12

Intentional Tort

Back 12

willful acts , ment to do it

ex: someone w/ dimensia hurts you , dont have proper intent

Front 13

assult

Back 13

not touching , fear of imediate body injury

Front 14

battery

Back 14

touching , harmful contact

Front 15

example of assult

Back 15

-pointing gun @ someone

-throwing eraser, everyone around it is in fear

- calling from far away = NOT immediate fear

- sleeping= not a threat

Front 16

example of battery

Back 16

bullet , punching , hit wrong person w/ eraser

Front 17

False improsonment

Back 17

intentional holding or detaing

ex: shoplifting in back when they didnt do it , door locks behind a teacher

Front 18

Defenses for intentional tort

Back 18

1. consent

2. privelage

3. self defense

Front 19

consent

Back 19

cant sue if punchin face = boxing

But..

aren't concenting to take out knee = battery

Front 20

privelage

Back 20

shop keeper hold you till cop coems can sue

Front 21

self defense

Back 21

degense of others and property (cant kill over property )

Front 22

defination

Back 22

false communication injures someone

Front 23

libel

Back 23

written / video tape

ex: faveook inst liable until you report it

Front 24

slander

Back 24

spoken

Front 25

defamtion per sae

Back 25

peresumption of harm dont have to prove ,damages are assumed

ex: calls someone a rapist sue them if no true

Front 26

Fraud/ Misenterpretation

Back 26

intentional deception

ex: ask if placed is flooded and landlord lies

Front 27

interference w/ contractual relation

Back 27

3rd party messes up contract

ex: bar tries to break up another bar and band contract, so they can have the band

Front 28

interfernece w/prospective advantage

Back 28

improve place in market by interfering w/ another business

ex: resturant throws dead mouse in kitchen

Front 29

product liablity

Back 29

suffered by uses of defective property ( privaty of contract )

Front 30

privaty of contract

Back 30

needs to be in contract to sue

ex: buy car from contract not w/ honda

Front 31

Macpherson vs. Buick

Back 31

if its product liability you dont need private contract , sue honda instead of small guy

Front 32

Strict Liablity

Back 32

dont care why it happened it did

ex: libale for their safety

Front 33

reasonable / care negligence

Back 33

have to show that the manufacture negligeance before sue them

ex: evidence manufacture did it on purpose to tire

A

Front 34

failure to warn

Back 34

need to know harm

ex: smoking cigs can give cancer

Front 35

design defects

Back 35

lawnmower piece sticking out , cut foot avoid damages

Front 36

express warranty

Back 36

form strict liability , dont care why it didn't work , fix it

Front 37

defence to strict liability + negligence

Back 37

product misuse or abuse

ex: pointing gun at foot, shaking soda can

Front 38

sophisticated purchaser

Back 38

know more than the manufactor

ex: air force know better than manufacture

Front 39

ultra hazardous activity

Back 39

reliable regardless of activity if an injury happens

ex: cutting down a tree in city reliable for everyones safety

Front 40

Real Property

Back 40

land, attached to land

( building , tree's, house , fence )

Front 41

Personal Property

Back 41

pick up and move

( furniture, cars , cut christmass tree )

Front 42

fee simple

Back 42

own it down to core and up to sky

ex: cant dig tunnel or bridge

Front 43

joint tenacy

Back 43

more than 1 person owns property

ex: right surviror ship : 1 tenant die its the others

Front 44

Tenancy in common

Back 44

if 1 dies own it w/ spouse , undevided interest in property

Front 45

life estate

Back 45

land for tenant for life

ex: grandma lives in house when dies its urs

Front 46

Easement

Back 46

righ to allow land make use for something else

ex: utility company put wire on land

Front 47

adverse poessions

Back 47

take over land continuous w/ out buying 5-20 yrs

need: actual possession ,open possession , hostile , exclusive , periodic

Front 48

covenants

Back 48

conract runs w/land

ex: contract w/ no pools

Front 49

constructive eviction

Back 49

landlord didn't say get out but miserable need to leave

ex: mold, no heat

Front 50

eminent domain

Back 50

gov power to take private land for publice purpose , has to pay you

Front 51

private nuisance

Back 51

interfere w/ someone joy of land

ex: loud neighbors

Front 52

public nuisance

Back 52

interfere w/ rights health or general public

ex: polluting water

Front 53

trespass to land

Back 53

unauthorized intrusions on land dont need posting

ex: walking over driveway

Front 54

Conversion

Back 54

unlawful control of use of another property

ex: throws someone phone - owenes value of phone , if somethine you bought was stolen have to give it back

Front 55

permises liablity

Back 55

danger obvious

ex: sign says slipery / fall

Front 56

intellectual property

Back 56

a work or invention that is the result of creativity, such as a manuscript or a design, to which one has rights and for which one may apply for a patent, copyright, trademark

Front 57

trademark

Back 57

logo, brandname , symbol

Front 58

classification intellectual property

Back 58

-arbitrary/ fanciful ( stronger) apple

-Generic ( not fav,) zipper

Front 59

Intellectual property

Back 59

controlling law : federal or land amount

duration : 10 years

counterfeiting : still illegal

Front 60

Trade Dress

Back 60

look feel of company

ex: two pesos vs taco cabana

( trying to copy Mcdonalds)

Front 61

Trade Dress..

controlling law

duration

Back 61

controlling law : federal

duration : unlimited

Front 62

Trade Name

Back 62

name business or company , 1st to use against it, purpose to protect consumer so know what company buying from

Front 63

Trade Name

controlling law

duration

Back 63

controlling law : state law

duration : stop using name

Front 64

copy right

Back 64

rights of liberty propety , anything writen down

ex: our notes taken in class, illegal music

Front 65

Copy Right

duration for business or person

Back 65

person : 70 years after death

business : 95 years

Front 66

Patent

Back 66

exsclusive use of invention

Front 67

patent

controlling law

duration :

Back 67

controlling law : federal

duration : 20 years application

Front 68

Trade Secret

Back 68

keep secret

ex:

- coke help secret formula

- kentucky fried chicken

Front 69

Trade Secret

controlling law

duration

Back 69

controlling law :state, federal , national , contract

duration : as long secret kept