Exam 3 for Legal Environmental of Business Tort the word tort means wrong legally a tort is a civil wrong other than a breach of contract 1 Intentional tort do on purpose based on will 2 Negligent tort Intentional tort is not covered by insurance 1 Assault causing a apprehension of an injury 2 Battery intentional contact with another without their consent 3 Conversion is the wrongful exercise of dominion power and control over the personal non land resources that belong to another 4 Malicious prosecution a Instituting proceeding with malice b Absence of probably cause c Termination of the criminal proceeding 5 Defamation injury a person s character or reputation by 1st statements It must be communicated through a third party 6 Trespass an authorized entry of land to another 7 Intentional interference with contractual relationship Probably the most common example of this tort involves one company raiding another for employee If employees are under contract to an employer for a period of time another employer cannot induce them to break their contracts New York Times VS Sullivan Case Summary http www law cornell edu supct html historics USSC CR 0376 0254 ZS html Holding the media is not liable for defamatory untruth they print about public figures and fewer plaintiffs can prove the untruth for published with reckless disregard for the truth 8 Fraud FIVE elements you need to win a fraud case ALL OF THEM 1 False representation of a major material fact 2 Knowingly made 3 Intend to deceive 4 Justifiable reliance 5 Damage Negligent tort failure to use such care as a reasonably careful person would use under similar circumstance Elements to win a negligent case A Duty Good Samaritan statute you are not liable to rescue someone if you TWO exception of Good Samaritan stature are negligent a If compensation is expected b If there is willful misconduct Court Case Pasgraf VS Long Island Relroad 1928 Case summary http www lawnix com cases palsgraf long island railroad html Holding there is no duty owned to a unforeseeable plaintiff B Breach the duty off somebody C Proximate cause needs a rational relationship Definition must be reasonable connection between the negligent of defendant and the damages suffered by the plaintiff D Damages use damages as a result Duty owned to people who come on the property 1 Trespass one comes on to the property without permission Generally there s no duty to keep the property safe for a trespass Exception a attractive nuisance doctrine swimming pool b A willful injury 2 Licensee one who goes on the property with the owner consent You need to know the damager need to write a danger note warn note 3 Invitee one come on under property under business situation Possible methods to defend negligence 1 Contributory negligence defense absolutely barred the plaintiff from recovery if the plaintiff s own fault contributed to the injury in any degree however slight 2 Comparative responsibility The trend today however in the great majority of states is to offset the harsh rule of contributory negligence with the doctrine comparative responsibility Steps a The jury assign a percentage of total fault to the plaintiff b The plaintiff will recover his negligence was not greater than the defendant s c Plaintiff s award is diminished by the amount proportional to the percentage negligence of his negligence 3 Assumption of the risk Remedy the legal procedure to the enforce a right Types of remedy a Damages b Injunction a court order requiring a person to do or referring doing a particular thing Two kinds of injunction a Restraining order keep you from doing something mental abuse divorce case b Mandatory injunction specific performance to make you do something Equity will not be relieved if there is adequate remedy at law Law court damages Equity court injunction Real estate you can get injunction Damage 1 Compensatory damages damages for the actual laws suffer Eg a Medical bills b Loss of wages c Pain suffering Mitigation the non breaching party under a duty to mitigate their damages 2 Nominal a taken awarded to a legal establishment that a legal right has been valid even through there s no economic harm has been done 3 Liquidated damage amount which a party to the contract agreement must be paid in the event of branch Liquidated damage must be a reasonable amount 4 Punitive damages awarded to the plaintiff to punish the defendant for his willful malicious act Normally for intentional tort In Ohio the winner is not entitled to recover for paying the attorney fee Exception a In conjunction with intentional tort b If the contract provides for attorney fee c If allowed by specific statute d Frivolous lawsuit Criminal Law all crimes are defined by statute legislature makes the statute What is the legislature a Federal criminal statute congress b State criminal statute state legislature Ohio Columbus c Municipality criminal statute d City e The state Crimes are classified as a Misdemeanors a crime punished by less than one year in prison In Ohio less than SIX months b Felonies crime punished over ONE year in prison In Ohio more than SIX months Crime is also public record Minor misdemeanors no jury trail TWO elements for criminal offence a The act b The intent Case Mapp VS Ohio Case summary http www essortment com review mapp vs ohio 33206 html Holding All evidence obtained by searches and seizures in violation of the Constitution is inadmissible in a state court Exclusionary rule improperly attain evidence is excluded from trail Search Warrant Steps a Have to have affidavit b Issued by judge describes the things to be sealed and the places to be searched Police are also allowed to seal things that are not on the search warrant 1 Plain view 2 Items seals incident to a lawful arrest Arrest Warrant issued by a judge after probably cause established that a named person Arrested without warrant d a crime 1 Any felonies with probably cause ect 2 Misdemeanor committed in the office present Case Miroda VS Arizona Summary http www east buc k12 ia us 02 03 AG mir kc1 htm 1 The police must inform the suspect that he has the right to remain silent 2 Any statement he does make maybe used as the evident against him 3 He has the right to have an attorney present during questioning 4 If he cant afford an attorney one would be appointed for him After such warning has been giving the police may question suspect only he volunteerly knowingly intelligently waive his her rights No warning 1 No