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15 Cards in this Set
- Front
- Back
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res ipsa loquitor
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Latin for "the thing speaks for itself"
Doctrine explaining that the elements of duty of care and the breach of this can be sometimes inferred from the very nature of the accident even without direct evidence of defendant. |
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prima facie
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doctrine that a party must show some minimum amount of evidence before a trial can be worthwhile.
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res ipsa loquitur vs prima facie
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prima facie= there is enough evidence to establish a case
res ipsa loquitur= the facts are so obvious, they need not explain more. |
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A "prima facie case" is
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an established legal case with setup elements that any following case must meet at a minimum to be charged with the issue.
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Battery
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tort of harmful or offensive touching
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Assault
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intentional act creating apprehension(anticipation of misfortune)
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chattels
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any item of personal property other than real estate.
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slander
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spoken defamation
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libel
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written/published defamation. Can be words or images.
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Conversion
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The use of someone else's personal property without permission. Making a mistake is no excuse. Intent only requires that the defendant intended to deal with the chattel in the manner in which he actually did.
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Conversion vs. Theft
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Conversion requires no element of dishonesty.
Theft is criminal, you must know what you are doing and that the chattel doesnt belong to you. |
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Replevin
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A party may seek this. It is an order to return goods to the defendant.
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Eggshell Skull Rule-what is it?
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you are liable for the consequences of ur actions. Regardless of any unexpected physical damages that may occur as a result of a special condition or something.
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Eggshell Skull Rule- Typical Example
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Even if the person hurt had a pathetically thin skull and it cracked like an egg. The tortfeasor would still be liable.
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Tortfeasor
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(the criminal)
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