"wrong",-> violation of a duty imposed by the CIVIL law
false statements that harm someones reputation
fact that a plaintiff must prove to win a lawsuit
These are words likely to harm another persons reputation.
The statement must be false
The statement must be communicated to at least one person other than the plantiff
In slander cases, the plaintiff generally must show some injury, in libel cases the law is willing to assume injury
generally a valid defnense in a defamation suit because it cannot be proven true or false
movie star, etc
the defendant knew the statement was false or acted with reckless disregard of the truth
exists in courtrooms and legislative hearings-> can say anything at all and never be sued.
exists when two people have a legitimate need to excxhange information
the intentional restraint of another person without reasonable cause and without consent
intentional touching of another person in a way that is unwanted or offensive
Occurs when a defendent does some act that makes a plaintiff fear an imminent battery
injuuring another person by deliberate deception
an amount of money that the court believes will restore him to the position he was in before the defendants conduct caused an injury
rquires a court to settle the matter once and for all, by awarding a lump sum for past and future expenses
intended to punish the defendant for conduct that is extreme and outrageous -> purpose is not to compensate the plaintiff
Lost wages and medical expenses
pain and suffering
When healthy competition becomes illegal interfence
tort if a reasonable person would find it offensive, reasonable expectation to privacy
this right prohibits the use of someones likeness or voice for commercial purposes
an example would be like one taken pictures in playboy (tasteful) but then Hustler (not tasteful) put those photos in their magazine
concerns harm that arises by accident - > the "unintentional" tort
Duty of Care
If the defendent could have forseen injury to a particular person, duty to act like a ordinary/reasonable person
you acting below standard of care
Your actions caused the accident
Was the harm forseeable
must have been actually hurt
Res Ipsa Loguiture
"the things speak for itself" -> the def must prove he was NOT negligent or the facts imply that his negligence caused the injury
Negligence per se
When a legislature sets a minimum standard of care for a particular activity, in order to protect a certain group of ppl, and a violation of the statue injures a member of that group
Usually compensatory, designed to restore what was lost. Usual cases - > they be be punitive
Used to be the law throughout the nation, but it remains in effect in only a few states = even assuming the defendant is negligent, if the plaintiffs is even slightly negligent himself, he recovers nothing.
a plaintiff may generally recover even if she is partially negligent
Assumption of the risk
A person who volutnatrily enters a situation that has an obvious danger cannot complain if she is injured (if you are not willing to tolerate the risk of being hurt by a batted ball -> stay home and watch the game on tv.
if the defendants conduct led to the harm, the defendant is liable, even if she exercised extraordinary care
defendant must reimburse the victim for harm suffered
the jury does not find the person guilty
serious crime, for which a defendant can be sentenced to one year or more in prison, murder, robbery, rape, drug dealing, money laundering
often punishable by a year or less in a county jaim. Public drunkness, driving without a licesnse.
intended to teach this defendent that crime carreis a heavy price tag, in the hope that he will never do it again
the goal of deomonstrating to society generally the crime must be shunned.
giving back to the criminial precisily what he deserves
when a serious crime has occured, society wants the perpretator to suffer. If we punish no one, ppl lose faith in the power and effectiveness of government and may take the law into their own hands.
provide training so that he may return to a nomral life
The prsecution must demonstrate to the cour tthat the defendants alleged conduct is indeed outlawed by a STATUTE
Burden of proof - beyond reasonable doubt
If the jury has any significant doubt, it MUST acquit him
"guilty act" The prosecution must prove that the defendant voluntarily commited a prohibited act.(example - filing claim
"guilty state of mind" , requires convincing evidence about something that is essntiall psychological.
showing that the dfendent intendend to do the prohibited phsycial action (the actus reus)
The prosecution shows that the defendnet willfully intended to do something beyond the physical act
consciously disregarding a substantial reisk of injury
gross deviations from reasonable conduct
When the government induces the defendant to break the law, the prosecution must prove beyond a reasonable doubt that the defendnat was predisposed to commit the crime
One can plead this if she can show that a thread by a third person caused her fear of imminent serious phsycial harm
the trespassory taking of personal property with the intent to steal it
someone else orginally has the propery
the deception of another person for the purpose of obtaining money or property from him
Wire Fraud and Mail fraud
involoving the use of interstate mail, telegram, telphone, radio, or tv to obtain property by deceit.
using false statements, bribes, or kickbacks to obtain Medicare payments from the federal or state gov.
malicious use of fire or expolovies to damage or destroy any real estate or personal property = both federal and state crim
fraudulent conversion of propety already in the defendants possesion
The computer fraud and abuse act
prohibits using a computer to commit theft, espioange, tresspass, fraud and damage to another computer.
Access device fraud
outlaws the fradulent use of cards, codes, account numbers and other deveices to obtain money, goods or services.
Identity theft and assumption deterrence act
bars the use of false identitfaction to commite fraud or other crime
Wire and elextronic communictasions interception act
makes it a crime to intercept most wire, oral and electronic communictaions
to use an elextronic device to record your personal info when you are using a credit card for proper purpose, such as paying at a retail store
to contact you by phone or email posing as a legitimate company attemptiog to correct a problem with your account
Federal Sentencing Guidelines
detailed rules that judges must follow when sentencing defendants convicted of crimes in federal courts
a plan to prevent and detect criminal conduct at all levels of the company
Occumpational Safety and Health Act of 1970
The most important statute regulating the workplace which sets safety standards for many inudstries.
a judgment for three times the harm actually sufferend
taking the proceeds of certain criminal acts and either using the money to provomote crime, or attemtipting to conceal the source of the moeny
a corporation establishes a monpology
written permission from a neutral offical, such as a masgistrate, to conudct a search
based on all the information presented, it is likely that evidence of crime will be found in the place mentioned
her name, photograph and fingerprints are entered in a log, along with the charges
group of ordinary citzens, like a tiral jury - holds hearings fro several weeks at a time on many different cases
governemtns formal charge that the defednant has commited a crime and must stand trial
Motion to suppress
request that the court exclude certain evidence because it was obtained in violation of the Constitution
agreement between prosecution and defence that the defendint will plead guilty to a reduced charge, and the prosecution will recommend to the judge a relatively lenient sentence
prohibits the government from making illegal seraches and seizures - protects indivudlas, corporations, partnerships and other organizations
police may search if they see a amchine gun, for example sticking out from under the front seat
stop and frisk
if police have an articulable reason for suspecting that someone may be armed and dangerous, they may pat him down
if police pursue a store robber and catch him, they may search
if police have lawfully stopped a car and observce evidence of other crimes in the car such as burglary tools, they may search
police may always search a suspect they have arrested
if someone in lawful occupancy of a home gives consent to a serach, the police may do so
requires fundamentla fairness at all stages of the case.
criminal defendnet may be prosecuted only once for a particular criminal offense
the police have prevented the defendent from leaving (usually by arresting him) and are asking him questions
guarantees the right to a lawyer at all important stages of the criminal process
prohibits cruel and unusal punishment
civil law proceeding that is permitted by many diff criminal statues