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38 Cards in this Set
- Front
- Back
civil wrong othat than breach of contract
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tort
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intentional tort
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did something on purpose that was a civil wrong, defendent knew what was going to happen
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battery
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interntional unconsented to, harmful or offensive contact
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assault
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puting somebody in reasonable apprehension of a harmful or offensive contact
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intentional confinement of an individual
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false imprisonement
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extreme and outrageous conduct
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intentional infliction of emotional distress
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putting somebodys reputation down, falsely, has to be published
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defamation
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putting somebodys reupation down, spoken
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slander
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defmation that puts in writing, or on the news (widely spread)
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libel
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defenses for defmation
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truth
absolute privilege conditional constitutional |
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using somebodys name or likeness without permission
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appropriation
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example: guy puts camera where girl showers without permission
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intrusion
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example: boyfriend puts private nude pictures of girl on internet
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publishing true, but private facts
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example: boyfriend writes on nude internet picture "wants to have sex"
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putting a person in a false light in public eye
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use the legal process for purpoose unattended
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abuse legal process
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you allow something (not you) to go on somebody else's land
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trespass to land
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example: play loud music so people aren't able to enjoy their land
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nuisance
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a very serious trespass to personal property
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conversion
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the defamation of a product or a serice
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disparagement
with disparagement you have to prove how much you've been damaged |
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elements of negligence
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duty- there was a duty of care owed to plaintiff
breach- the duty of care was breached causation-breach was actual cause of injury |
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in emergency situation
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person can't be held accountable of somebody who gets hurt more
"good samaritan act" |
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if child is seen walking to busy street
babysitter has ____ duty random person has ____ duty |
legal
moral |
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violation of statute where there is a law trying to get people safe and somebody gets hurt anyway
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negligence per se
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duty of owners who own artificial condition (sylo or storage house)
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risk to children is greater than benefit for landowner to keep atificial condition. Than person could get into trouble
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occupier of land has to put land in reasonably safe condition
example: |
trench's in backyard
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duties owed to licensees
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since they are licensed and not trespasser, you have to fill them in on danger, if they stay anyway you are no longer liable, they assume the risk
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duties owed to public invitees
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have to make place safe
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things that speak for themselves
ex: door to door salesmen are liscensees |
res ipsa loquitur
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was the breach of the duty of care the actual reason for what happened
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causation
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was the causation foreseeable?
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legal or proximate cause
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if there's a subsequent, interdependent, cause that was not foreseeable, charges will be dropped
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superceding cause
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if jury decided that 10 percent of case is plaintiffs fault, then they receive nothing
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contributory negligence
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if jury decides that 10 of case if plaintiffs fault, then plaintiff receives 90 percent, 100-10
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comparative negligence
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if you are more than 50 percent liable for cause then you receive nothing on settlement
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mixed contributory and comparative negligence
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if you do abnormally dangerous things or buy dangerous product than you are ______
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liable
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if person injured is negligent, than their defense would be ______
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comparative negligence
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difference between tort and crime
TORT |
plaintiffs pay court fees
money damages go to plaintiff preponderance of evidence |
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difference between tort and crime
CRIME |
govt. pays court fees
money damages go to govt. have to prove beyond reasonable doubt defendant is guilty of crime |