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70 Cards in this Set
- Front
- Back
What is a tort
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Private civil wrong committed against another for which the law provides an award of money damages
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What are 3 types of civil wrongs in a business setting
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Unintentional, Intentional, Strict Liability
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What is Strict Liability?
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The responsibility imposed upon a business regardless of the care exercised or the precautions taken to prevent the harm
This liability may arise from owning a dangerous animal or by selling a defective product |
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What do Recoverable Damages include?
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Recoverable damages include lost wages, medical expenses, harm to property, and pain and suffering
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What is negligence?
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Failure to do what a reasonable person would do under the circumstances
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What are four elements of negligence?
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A duty must be owed
There must be a breach of duty The negligence must be the proximate cause of the harm The aggrieved party must sustain damages |
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The ______ has the burden of proving all four elements of negligence by the preponderance of evidence
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Plaintiff
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What is a duty of care
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Establishes the type of behavior a person must exhibit in a given situation
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In cases of negligence, what standard of care does a person hold?
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A person must conform to the standard of care of a “reasonable person under the circumstances”
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True/False: Generally, the law does make a distinction concerning the standard of care between adults of different ages
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False
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Negligence of a professional is known as __________
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malpractice
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What standard of care is a minor held to?
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A minor is held to the standard of care of a child of similar age, intelligence, and experience
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What is the Good Samaritan Status
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In the event of an emergency situation, this status encourages professionals to offer assistance when needed and only imposes liability in the event of gross misconduct
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What is a trespasser
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One who comes upon the premises of another without consent and with no legal right to be on the property
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What duty of care does one owe a trespasser?
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The only duty owed to a trespasser is to avoid injuring them through willful and wanton misconduct
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What is the attractive nuisance doctrine
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created to safeguard children who trespass on the land of another that contains an inviting but dangerous condition
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What is a licensee?
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A person who comes on the property of another with the owner consent or with the legal right to be on the land
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What is the most common type of licensee?
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Social Guest
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What is the duty of care for a licensee?
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The owner of the property is responsible for defects that were known of, or should have been known of, and the guest would not have known of.
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What is the duty of care for a business visitor?
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The owner of the property is responsible for defects that were known of, or should have been known of, and the guest would not have known of. There is also a duty for the owner to inspect his or her property for defects
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What is proximate cause?
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requires that there be a reasonable connection between the negligence of the defendant and the harm suffered by the plaintiff
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What is the legal definition of damages?
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The amount of money awarded to an injured person as the result of the wrongful or improper conduct of the defendant
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What are Compensatory Damages?
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the purpose of compensatory damages is to make an injured party whole by providing a sum of money that will return the aggrieved party to a position as though nothing ever happened
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What are Punitive Damages?
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May be claimed if the conduct of the wrongdoer is outrageous. The law will punish the party by awarding an additional sum of money to prevent the conduct from ever occurring again
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What is contributory negligence? Which States follow this rule?
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the failure of the plaintiff to act as a reasonable person under the circumstances.
North Carolina, Virginia, Alabama, Maryland, and the District of Columbia follow this rule |
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What is comparative negligence?
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As long as the plaintiff’s negligence is not greater than that of the defendant, the plaintiff may recover damages
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What is imputed negligence?
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because of a special relationship that exists between the parties, one person can be held liable for the negligence of another.
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What is an independent contractor?
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One who undertakes to preform the act requested on his own and is not subject to the control of an employer
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What are considered intentional torts?
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Theories of Liability include actions for a battery, assault, invasion of privacy, defamation, infliction of emotional distress, and false imprisonment
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What is emotional distress?
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A person who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is liable to that person for any bodily harm that may result from the emotional distress.
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What is Battery?
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The intentional touching of the body of another or an object closely associated with the body in an offensive or harmful manner
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What is an Assault?
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An act intended to put another in fear of an immediate battery
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What is considered to be invasion of privacy?
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An unwarranted intrusion of a person’s right to be left alone
Truth is not a defense to invasion of privacy |
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What is Defamation?
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A statement is defamatory if it is false and tends to harm the reputation of another or to lower him in the estimation of the community.
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What are the two categories of defamation?
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Libel and Slander
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What is Libel?
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The publication of defamatory matter by written or printed words
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What is Slander?
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Defamatory communication that is verbal or oral in nature
In order for the defamatory comment to be actionable, it must be conveyed to a third person, known as publication |
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What is False Imprisonment?
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The unlawful detention of a person against his or her will in a specific area
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What are the five elements of contract interference
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An enforceable contract
The defendant’s awareness of that contractual relationship The defendant’s intentional inducement to breach the contract A wrongful interference by the defendant to breach the agreement Actual damages |
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What is products liability?
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Defective products include those things that contain a manufacturing defect, lack of a proper warning, or a defect in the product’s design making it unsafe to a user or consumer
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What is the official definition of a crime
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an offense against society as determined by the legislature or considered a public wrong that carries the punishment of imprisonment or some other public sanction
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What is a white collar crime?
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illegal actions perpetrated in a business setting
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What is Burglary?
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Entering a building or occupied structure with the intent to commit a crime unless the premises is open to the public
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What is criminal trespassing?
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When a person enters the land of another without permission or no legal right to be there
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What is larceny?
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the taking and carrying away of property that belongs to another without the owner’s consent and with the intention of depriving the owner of the goods permanently
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What is embezzlement?
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The act by which someone takes ownership of property that has been entrusted to him with the fraudulent to deprive the owner of the property
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What is Robbery?
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Larceny by force or the threat of force
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What is the crime of receiving stolen property?
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When one intentionally obtains or disposes of property of another knowing that it has been stolen or believing that it has probably been stolen
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What is electronic fencing?
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When one uses the internet to sell property gained through unlawful means
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What is conspiracy?
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An all encompassing crime that allows the government to file charges against anyone who has participated in the planning or committing of a crime and to hold each liable for the actions of the other
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What is bribery?
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The act of offering something of value to another with the intent of influencing that person’s opinion or to have something done in return by that entity
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What is Money Laundering?
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Using a business to hide the transaction of illegal funds
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What is Insider Trading?
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Using information not available to the public to make financial decisions about stocks
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What are the two theories of insider trading?
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Classical Theory - Imposes liability on corporate insiders who trade on the basis of confidential information obtained by reason of their position within the business
Misappropriation Theory - Imposes liability on outsiders who trade based on the confidential information obtained by reason of their relationship with the person possessing the information |
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What is chapter 7 bankruptcy?
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extinguishes or liquidates all debts
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What is chapter 11 bankruptcy?
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adjusts debts either by reducing them or extending the period of payback
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What is chapter 13 bankruptcy?
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Allows reorganization of plans to repay debt
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What is a Respondeat Superior?
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doctrine allowing criminal liability of a business
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What does the Fourth Amendment say?
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The Fourth Amendment prohibits unlawful search and seizure and that all warrants must be issued upon probable cause
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How are warrants issued?
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Police officers must present evidence before a judge to be granted probable cause for a warrant
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What are the exceptions to needing a warrant
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Plain View
Emergency Search Incident to an Arrest Hot Pursuit Consent Search Incident to a General Police Measure Stop and Frisk |
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What is the obligation of a crime victim and or a witness?
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When either the victim or witness files a criminal complaint with the police
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Explain the preliminary hearing?
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Held before the District Justice
To determine whether or not there is probable cause that the defendant committed the crimes charged against them This hearing does not determine guilt |
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Explain the Arraignment?
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Takes place in the Court of Common Pleas
The District Attorney draws up an information a formal list of charges against the defendant This is to insure the defendant knows the charges against them and to determine if the defendant has a lawyer The defendant does not have to be present for the Arraignment |
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The trial is __ days after the Arraignment
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30
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The trial consists of the following events:?
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Opening statement
Case in chief - The prosecutor’s attempt at establishing the defendant's guilt Defense Each side is permitted to make a closing speech The judge charges the jury to make a decision Verdict |
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In federal court, the ___________________ is utilized to determine that probable cause exists
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Grand Jury Indictment
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The grand jury consists of __ people and a majority vote is required to indict.
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23
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What is an infamous crime?
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A crime that is punishable by imprisonment for more than 1 year
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What does the 8th amendment guarantee?
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The 8th amendment protects cruel and unusual punisment
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