26 terms

BLAW 1 Midterm 1 Part B

STUDY
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Terms in this set (...)

3 Misuses of Legal Proceedings
1. Malicious Prosecution
2. Wrongful use of Civil proceedings
3. Abuse of Process
Malicious Prosecution
wrongful institution of CRIMINAL proceedings
Wrongful use of civil proceedings
wrongful institution of CIVIL proceedings
Abuse of Process
imposes liability on those who initiate legal proceedings, whether criminal or civil, for a primary purpose other than the one for which the proceedings were designed
3 Types of Interference with Property Rights
1. Trespass to land
2. Private Nuisance
3. Conversion
Trespass to Land
any unauthorized or unprivileged intentional intrusion upon another's real property
**Intent is required
Private/Public Nuisance
interference with the plaintiff's use and enjoyment of his/her land
**interference must be
Conversion
the intentional exercise of dominion or control over the plaintiff's personal PROPERTY without consent
Negligence
failure of conduct to protect others against significant risk of harm
Negligence Elements (3)
1. Defendant owes the plaintiff a duty of care

2. Defendant breaches that duty

3. Breach was the (1) actual & (2) proximate cause of plaintiff's injury
Special Duties
Must exercise knowledge, skill, and care ordinarily possessable members
Doctor & Patient
Lawyer & Client
Accountant & Client
Note 1
Duties to persons on property, traditionally depend on type of person or property
Invitees
a business visitor, member of the public; takes necessary steps to protect against dangerous conditions that she/he knows about
Licensee
with consent but there here for his/her own purposes; duty to warn of hidden conditions
Trespasser
WITHOUT consent; not willfully harm trespasser
Negligence Per Se
Courts use statutes and regulations to deter how a reasonable person may behave
Actual Cause & Proximate Cause
Actual Cause - plaintiff wouldn't have been hurt but for the defendant's condition, i

Proximate Cause - assumes actual causes, plaintiff's injury must have been reasonably foreseeable
According to Negligence Per Se, plaintiff must show (3)
1. she was in the class of people intended to be protected by the law

2. the damages suffered were the type the law was intended to protect against

3. breach of duty was the actual and proximate cause of the plaintiff's damages
Intervening Cause
what was affect of any cause that happens after breach of contact

(a) foreseeable - defendant responsible
(b) not for seeable - defendant not responsible
Types of Damages (5)
1. Bodily Injury
2. Property Damage
3. Economic Damages (lost wages, profits)
4. Emotional Distress (some require proof of physical injury)
5. Punitive Damage - Money damages awarded to plaintiff; to punish defendant and deter future similar conduct
Note 2
Persons who are negligent take their victims as they find them regardless whether plaintiff had a susceptibility that was not foreseeable
Res ispa loquitor
"the things speaks for itself"
Applies when:
1. Defendant has total control of the instrument of harm
2. harm would not have occurred in the absence of negligence
3. Plaintiff not responsible for her own harm
(if 1-3 are met, court presumes a breach of duty and causation)
Negligence Defenses (3)
1. Contributory Negligence
2. Comparative Negligence
3. Assumption of Risk
Contributory Negligence

Comparative Negligence

Assumption of the Risk
A legal defense that may be raised when the defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff.

court determines relative negligence of the parties and awards damages based on the proportion of fault

plaintiff voluntarily consents to a known damages
ex: signing up for bungee jumping & Gonzalez v Garcia
Strict Liability
liability without fault
1. Abnormally dangerous activity (blasting, crop dusting, stunt flying)

2. Product liability- sale of defective and unreasonably dangerous products
NY v Sullivan
376 U.S. 254 (1964),[1] was a landmark United States Supreme Court case that established the actual malice standard, which has to be met before press reports about public officials can be considered to be libel;[2] and hence allowed free reporting of the civil rights campaigns in the southern United States.