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34 Cards in this Set
- Front
- Back
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Tort Laws/Criminal Laws |
Protect people and property
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Tortfeasor |
person committing the crime |
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Intentional |
those causing harm by committing intentional acts |
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Negligence |
those acts causing hard by careless acts or failure to perfume legal duty |
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Strict Liability |
imposed by laws which assign liability regardless of fault |
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Assaults |
No touching or bodily hard is involved or required gives victim reasonable apprehension amor fear |
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Assault and Battery |
Unlawful touching involved without consent or justification |
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Defenses Against Assault/ Battery |
consent self-defense defense of others defense of property |
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False imprisonment |
non-consentual, intentional confinement of a person without awful privilege |
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Merchant Protection Acts |
Reasonable Detention allowed/ False imprisonment is not probable cause to justify detaining suspect shoplifter, can only detain in a reasonable manner for a reasonable amount of time |
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Intentional infliction of Emotional Distress |
Act that amounts to extreme and outrages conduct that results in severe emotional distress to another |
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Invasion of Privacy |
use of person's name, picture or other without consent intrusion into person's affairs when the person has reasonable expectation publication of info. that places person in false light |
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Defamation of Character |
publication of statement that holds individual or business to contempt ridicule or hatred |
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Defamation Per Se |
*Loathsome Communicable Disease *Committed improprieties while engaged in profession or trade *Committed or has been imprisoned for crime *Unmarried woman is unchaste ~These statements are 100% intended to injure someone's reputation or 100% guaranteed to do so~ |
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Defense Against Defamation |
Truth Privilege Communication ~Absolute: from judges attorneys ~Qualified:reccomandtions or written evals. |
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Fraud (Inducement) |
Intentional misrepresentation of past/present material with the intent to induce another to enter into contract |
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Acts |
misrepresentation of fact |
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Omissions |
Failure to state facts that are required to be disclosed |
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Statement of opinion (puffing) |
are not FRAUD, unless they are said by someone who has superior knowledge of subject matter |
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Trespass of Land |
unlawful entry onto property of another without consent (actual damage to land is no required ) |
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How do you remove a trespasser on land? |
Reasonable force NOT deadly force |
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General Rule: |
Trespasser generally assumes the risk of the condition of premises |
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General Rule Exceptions |
*landowner cannot set traps to injure trespasser *landowner has duty to protect/warn trespasser of dangerous conditions |
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Attractive Nuisance |
*children might trespass because of being attracted to someone on the property *reasonable steps to keep children off the property to avoid injury |
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Conversion |
unauthorized or wrongful doing and control over another's property intended to be permanent |
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Nuisance |
improper activity reasonably interferes with another's right to use and enjoy his property |
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Negligence |
What would a RPP do? Law gives standard conduct for acts and omissions |
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Standard of Performance |
Standard: ordinary care always the same Performance: degree of skill caries Law place higher degree of performance for professionals and other with superior understanding |
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Proof of Negligence |
1. Duty of Care: degree of care 2. Breach of duty: not action with ordinary care 3.Factual Causation: determined by "but for test" 4.Legal Causation: determined by reasonable foreseeability 5. Damages: substantial not speculative |
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Defense of Negligence |
Assumptions of risk: the plaintiff knew the risks involved in the activity and still decided to take part in it |
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Special Negligence Doctrines |
*Res Ipsa Loquitor: thing speaks for itself any acts that causes damages that would not have happened if it wasn't for negligence *Negligence Per Se: violating a statue or ordinance providing for criminal penalty and violation causes someone to get injured |
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Strict Liability |
No Fault Situation (no fault but rather liability resulting from abnormally dangerous activities) |
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Intentional Interference with Business Relations |
defendant intentionally induced the breach of contract, for economic gain |
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Awarded Damages from Tort Cases |
Compensatory Damages: payment out of pocket for financial losses such as lost wages, medical and hospital bills Pain and Suffering: payment for physical and psychological suffering Punitive Damages: Punish wrongdoer, create deterrent for others, awarded in addition to compensatory, based on formula |
