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55 terms

b law 12 definitions

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Assault
Must consist of fear to be performed, must show the following; 1) Act 2) Intent 3) Injury (mental fear of being hurt)
Battery
following through on an assault, harmful or offensive conduct. Can consist of unknowingly receiving violance from another person.
False imprisonment
The detention of another person against their will, must have reasonable belief that you can not leave where you are
Shopkeeper's privilege
Allows owner to detain someone, if you have a reasonable belief for a reasonable time
Intentional infliction of emotional distress
Must be credible, not a tort by itself, complied with another tort usually that causes Emotional stress. Courts look for evidence of distress. 1) Physical Manifestation; high blood sugar, harassment, drinking heavily. 2) Outrageous Behavior; certain behavior that causes this to be under a certain act of distress
Defamation
Making an un-true statement about someone to another party, Damages to reputation. Makes another person look bad
Slander
Spoken Defamation usually orally
Slander of title
When a publication falsely denies or casts doubt on another's legal ownership of property, resulting in financial loss to the property's owner
Libel
Breaching this duty in writing or other permanent form (such as an electronic recording)
Disparagement
Occurs when economically injurious falsehoods are made about another's product or property rather than about about another's reputation
Dispargement of property
a general term for torts that can be more specifically referred to as Slander of quality or slander of title
Trade libel
Defamation against the goods or services of a company or business
Absolute privilege
An immunity from lawsuit, even if the action is wrong, malicious, done with an improper motive, most often expressed for legislators
Qualified privilege
Grants the same immunity from prosecution for defamation, but only in the absence of Malice. If malice can be shown, qualified privlege is not a protection against defamation
Invasion of privacy
The intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded
Trespass to land
Occurs any time a person, without permission, enters onto, above, or below the surface of land that is owned by another, causes anything to enter onto the land; or remains on the land or permits anything to remain on it
Trespass to chattels
A person has intentionally interfered with another person's lawful possession of a chattel. A chattel refers to the movable or immovable personal property of an individual except real estate.
Conversion: Whenever a person wrongfully possesses or uses the personal property of another as if the property belonged to her or him
Negligence
Failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not. This is accidenta and distinguished from intentional torts
Elements of negligence
1) That the defendant owed a duty of care to the plantiff. 2) That the defendant breached that duty. 3) That the plantiff suffered a legally recognizable injury. 4) That the defendants breach cause the plantiffs injury.
Primary negligence standard
Is the person acting accordingly as the regularty would in the same scenario.
Negligence per se
If you are involved in a negligent act & it is breaking the law, you are negligent
Causation in fact ("But for" test):
To see if A caused B & to find & prove their is a connection between A & B. "But for the act, the plantiff wouldnt be injured"
Proximate cause
When the connection between an act and an injury is strong enough to justify imposing liability.
Comparative Negligence
Enables both the plantiff's & defendant't negligence to be computed and the liability for damages distributed accordingly. Many states' adopt this, however, they mostly contain a "50 percent" rule, under which the plantiff recovers nothing if she or he was more than 50 percent at fault. Under this rule, a plaintiff who is 35 percent at fault could recover 65 percent of his or her damages, but a plaintiff who is 65 percent (more than 50 percent) at fault could recover nothing
Contributory negligence
than 50 percent) at fault could recover nothing.
Contributory negligence: If a plantiff contributes negligence in any matter in the act, they automatically lose the case
Pure comparative negligence
Allocated between the plantiff and the defendant with a corresponding reduction in damages paid to the plantiff
Modified comparative negligence
Appointed in accordance with the percentage of fault that the fact finder assigns to each party
Last Clear Chance Doctrine
Rule of law in determining responsibility for damages acuse by negligence, which provides that if the plantiff (the party sueing for damages) is negligent, that will not matter if the defendant (the party being sued for damages caused by his/her negligence) could have still avoided the accident by reasonable care in the final moments (no matter how slight) before the accident
Assumption of risk
A plantiff who coluntarily enters into a risky situation, knowing the risk involved will not be allowed to recover. Requirements are; 1) knowledge of the risk. 2) coluntary assumption of the risk
Strict liability
Automatic responsibility (without having to prove negligence) for damages due to possession and/or use of equipment, materials or possessions which are inherently dangerous such as explosives, wild animals, poisonous snakes or assault weapons
Actionable
Capable of serving as the ground for a lawsuit
Actual Malice
A FALSE statement must be made with either knowledge of its falsity or a reckless disregard of the truth
Appropriation
The use of another person's name, likeness, or other identifying characteristic, without permission and for the benefit of the user, constitutes this.
Assumption of risk
A plantiff who coluntarily enters into a risky situation, knowing the risk involved, will not be allowed to recover. Requirements for this defense are 1) knowledge of the risk. 2) voluntary assumption of the risk
Business invitee
Retailors & other firms that explicitly or implicitly invite persons to come onto their premises are usually charge with a duty to exercise reasonable care to protect them
Business Tort
Apply only to wrongful interferences with the business rights of others
Causation in fact
Usually determined by use of the but for test: "but for" the wrongful act, the injury would not have occured. This test determines whether there was an actual cause-and-effect relationship between the act and the injury suffered
Compensatory damages
Intended to compensate or reimburse a plaintiff for actual losses—to make the plaintiff whole and put her or him in the same position that she or he would have been had the tort not occured.
Cyber tort
Torts committed in the online environment
Dram Shop Act
Under which a tavern owner or bartender may be held liable for injuries caused by a person who became intoxicated while drinking at a bar or who was already intoxicated when served by the bartender.
Duty of Care
Concept arises from the notion that if we are to live in society with other people, some acitons can be tolerated and some cannot, and some actions are reasonable and some are not. The basic principle underlying the duty of care is that people are free to act as they please so long as their actions do not infringe on the interests of others
Fraudulent misrepresentation
Intentional deceit for personal gain. 1) Misrepresentation of material facts or conditions with knowledge that they are false or with reckless disregard for the truth. 2) An intent to induce another party to rely on the misrepresentation. 3) A justifiable reliance on the misrepresentation by the deceived party. 4) Damages suffered as a result of that reliance. 5) A casual connection between the misrepresentation and the injury suffered
Good Samaritan Statute
Persons who are aided voluntarily by others cannot turn around and sue the "Good Samaritans" for negligence
Intentional Tort
: Intent of one party's allegedly wongful conduct causes injury to another, an action may arise under the law.
Malpractice
Professional Negligence, a professional violating his or her duty of care towards a client, the client may bring a suit against the professional.
Privilege
: In some circumstances, a person will not be liable for defamtory statements because he or she enjoys immunity. 1)Absolute: only in judicial proceedings and certain gov't proceedings is this granted. EX: Statements made by attorneys & judges in the courtroom during a trial are absolutely privileged. 2) Qualified or Conditional: A person will not be liable for defamatory statements. EX: An employer's statements in written evaluations of employees. If the statements are made in good faith and the publication is limited to those who have a legitimate interest in the communication, the statements fall with in the area of qualified privilege. This concept rests on the common law assumption that in some situations, the right to know or speak is equal in importance to the right not to be defamed.
Proximate cause
Legal cause, exists when the connection between an act and an injury is strong enough to justify imposing liability.
Punitive damages
Courts may award this in tort cases to punish the wrongdoer and deter others from similar wrongdoing.
Reasonable person standard
Measures duty in tort law. In determining whether a duty of care has been breached, for EX. The courts ask how a reasonable person would have acted in the same circumstances. This act is said to be objective. It is not necessarily how a particular person would act. It is society's judgment of how an ordinarily prudent person should act
Res Ipsa loquitur
The presumption of the defendant's negligence, translates into "The facts speak for themselves"
Slander of Quality
Publishing false information about another's product, alleging it is not what its seller claims.
Spam
Bulk, unsolicited e-mail sent to all of the users on a particular e-mailing list of all or the members of a newgroup
Tort
Any time that one party's allegedly wrongful conduct causes injury to another, an action may arise.
Tortfeasor
The one committing the tort, must intend to commit an act, the consequences of which interfere with the personal or business interests of another in a way not permitted by law.
Trespass to Personal Property
Whenever an individual, without consent, takes or harms the personal property of another or otherwise interferes with the lawful owner's possession and enjoyment of personal property.