sion of privacy BUL3310 Exam 3 Tort vides a remedy in the form of a lawsuit for money damages a civil wrong other than a breach of contract for which the law pro Always dealing with things in everyday lives NOT Criminal Law not putting people in jail or executing them Negligence Tortus crooked twisted wrongful behavior is crooked or twisted Involves a direct interference with a Person ex battery automobile accidents hurt in the acci b Property ex theft called conversion motorcycle goes on and damages lawn trespassing copyrights Conversion asserting towards something that is not yours c Intangible interests ex law of defamation reputation inva dent someones property Tort Liability Liability Responsibility 1 Intentional Tort Criminal Intent someones reputation Ex Grabbing a pipe and hitting someone over the head Article Pharmacists who diluted drugs fraud Women was defaming awarded 2 2 cist s motive was profit He there is nothing the assets We do not put people in jail were shot and the Criminal Case but then son Case billion for being given diluted drugs Pharma If you lose a lawsuit and don t have any money got 30 years in prison plaintiff can do except take their The Same act may be both a Tort and a Crime Ex If you injured but the person was found Innocent in can be sued in Civil Case OJ Simp for debt Civil likely then not dence more First then of a person from movement thorities Held in a Justified for first 72 drugging her did not giver her a surrounding her Criminal Case guilt beyond a reasonable doubt Civil Case Tipping the scale preponderance of evi Article Michael Jackson two separate trials Criminal False Imprisonment intentional confinement or restraint without consent or justification Restraining a person Justifications A fleeing felon Policeman Medical Au Shoplifting Article Teen sues over psychiatric imprisonment hospital against her will without justification hours but not for 396 days Kept chance to get better Article Reese Witherspoon v Paparazzi Paparazzi vehicle and followed her and cut her off Abuse of Process groundless institution of civil proceed person The person has no reason to sue out ings against a of spite civil justice the cuted or any courts in this Florida Small Claims Rules nally and adversely determined against entity read the rest of the underlining pg 50 Frivolous Lawsuit Spite Suit no grounds to sue Using Pg 50 Vexatious Litigant Lawsuit A person who in immediately 5 year period has commenced prose maintained pro se 5 or more civil actions in state except an action governed by the which actions have been fi such person or system in an inappropriate way 5 year period 5 or more lawsuits lost Pro Se no lawyer for yourself Not Small Claims Remedies 1 Security Cash Bonds 2 Pre Filing Order permission of 3 Contempt of Court a judge has to imprison you without any up to six months then of judicial review Defamation publication of false statements which holds a hatred contempt or ridicule Must have at judge the right judicial review they need some sort person up to least three people involved 1 Slander oral Defamation 2 Libel Written Defamation 3 Defamacast on tv radio internet 4 Defamation Per Se a Accusation of a Crime b Statement that degrades Person in c Accusation of having a loathsome disease 5 Privilege a Absolute even if statement is false immune from liability 1 Judicial Proceeding or 2 Legislative Proceedings b Qualified even if a statement is false immune from liability if all three 1 Statement with good faith and business profession Ex AIDS speaker writer is speaker writer is must be found 2 statement made by person with legiti interest and 3 statement made in reasonable is error Example Page 51 Read Restaurant Case have to use exact words of your a mate You don t thief ing a malice a ness of the statement about Falwell s mother Falwell sued but it was so clear that is was a joke Harm ety 6 Suits by public official or figure requiring a show reckless disregard for the truth or false Article Jerry Falwell Hustler vs Falwell Hustler magazine Hustler carried a parody first time was incest with his magazine one because Intentional Infliction of Emotional Distress Emotional 1 Outrageous Conduct not tolerated in civilized soci 2 Severe Emotional Distress loss of a child 1 Appropriation unlawful use of a person s name or Invasion of Privacy likeness Often comes up in business You own the right s to your name and it can not be used agents shall to use the holders name broadcast telecast or photograph sound recording taken in connection with the game without permission Article On the back of a baseball ticket it states the have unrestricted right and license likeness or voice in any video for all purpose with another s able erazzi took topless and sold them to to private offensive information Arguable if you didn t buy the ticket No one reads the ticket 2 Intrusion unreasonable offensive interference privacy unreasonable Jury decides Where do we draw the line of what is reason Article involves appropriation and intrusion Stalk photos of Jen Aniston sunbathing a magazine She sued 3 Public Disclosure of Private Facts publicity given information about another which is highly objectionable to that person If you can prove that the publicity is of private then you might have a case fices and of the cash privacy 1 Private Medical Information at Doctor s Of 2 Posting Bad Checks at Cash Register Pharmacies HIPPA When businesses put bad checks on top registers it s a form of humiliation 3 Disclosing Social Security Numbers Last four digits is a potential invade of Remedies 4 Revealing Identity of Rape Victims a Damages and b Injunction a court order commanding an ac refraining from an action tion or the important fact ceived an 8 month odometers rollbacks to make high for between 2 000 to 3 000 look ore ers reports and were false and would be sent we deceive Fraud Intentional misrepresentation of a material fact justifiably relied upon by an injured party Article misinterpretation of mileage on cars Seller re mileage cars he sold jail sentence he rolled back appealing to buy Article Madoff I concealed fraud by filing false financial statements with the SEC I knew they Oh what a tangled web we weave when we first practice to clients to use and or fections of Sir Walter Scott Nuisance unreasonable interference with a person s right Alienation of Affections Depriving a husband or wife of af enjoy his property Damages in Intentional Court Cases his her spouse
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