FINA 2244: TEST 2
48 Cards in this Set
| Front | Back |
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Tort
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Compsate someone for injuries
Ex. Punching you in theface and making you pay for it. (missed work, bills)
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Negligent Torts
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Harm from unintentional activities
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Contributory negligence
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Can't sue someone if you're negligent also
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Comparative negligence
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Sue by percentage
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Assumption of risk
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Injured party should have known the risk
Ex. getting into car with drunk driver
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Intentional torts
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Willful misconduct, person knew what he/she was doing
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Assault
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The fear of being harmed
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Battery
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Harmful or offensive conduct
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False imprisonment
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Intentional detaining someone. Physical or mental
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Consent
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Ex. Getting hit in the face while boxing
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Privilege
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Defense for false imprisonment
Ex. Stealing, and locking in room until cops come.
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Self defense
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No deadly force for property
Ex. If grandma pokes you with cane you cannot hit her
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Defamation
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Intentional false communication that injures person/ companies reputation.
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Libel
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Writtin false communication
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Slander
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Verbal false communication
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Defamation Per Se
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Don't have to prove damages
Ex. Says you're a rapist and you're not, you can sue
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Fraud/Misrepresentation
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Ex. Buying a house and ask if its flooded and they lie
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Interference with prospective advantage
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Improperly interfering with business
Ex. Putting dead rat in a restaurants food
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Product liability
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Harm or suffering from effected products
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Strict liability
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Don't have to share what went wrong
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Reasonable care/negligence
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Show what they did wrong
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Failure to warn
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manufacture is responsible for warning customer.
Ex. Don't sit or standon paint holder of the ladder
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Design defects
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The injury could have been prevented if the product was made differently.
Ex. Gas cans without metal film stop likely hood of fire
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Express warranty
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Form of strict liablity
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Ultra-hazardous activity
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If the activity is ultra hazardous you are liable
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Forms of ownership
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Real property
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Fee simple
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"from the ground to the sky"
"down to the center of the earth"
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Joint tendency
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Whoever lives the longest gets it
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Tenancy of the common
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Both own it, I can go in your room and you can go in mine
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Tency by the entirety
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The marriage owns the house
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Life estate
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Own it for life but when they die you get it.
Ex. You can buy life estate from mom till she dies, then the son can kick you out.
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Easement
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Right to enter and make use of the land.
Ex. Cable company has easement, they can run lines under your house
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Adverse possession
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Take ownership of property after you've been there for a certain time
If you see Periodic the answer is wrong!!!!!
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Covenants
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Contracts that run with land not the person
Ex. Only brick houses no fence. When manager leaves, covenant is still intact.
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Tenant
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Person who rents property
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Wrongful eviction
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Landlord kicks you out for the wrong reason
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Constructive eviction
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Ex. furniture store, jazzersize class moves beside it so the furniture store leaves
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Eminent domain
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Government has power to take private land but they have to pay for it
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Private nuisance
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Ex. heavy metal band moves next door and only effects you
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Public nuisance
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Interference without right held to general public
Ex. Chemical deposits run into town water
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Conversion
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Unlawful control of another property
Ex. Buy a phone off ebay, find out that its stolen. They can sue you if you don't give it back for stolen property
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Premises liability
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Accidents that result from negligence
Ex. You can't fall down the stairs and sue for injuries
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Trademark
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Federal law, duration: 10 years, Counterfeiting is always illegal
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Trade dress
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Two pesos v. Taco cabana
Controlling law: federal
Duration: unlimited
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Trade name
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First come first serve. Name of business company.
Controlling law: state common law
Duration: Until business stops using it
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Copyright
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Ex. illegal downloading software.
Controlling: Federal
Duration for person: life + 70 years
Duration for corporation: 95 years
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Patent
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Exclusive use of invention
Controlling: Federal
Duration: 20 years, doesn't have to be new,just put together in a new way
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Trade secret
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Keeping recipe secret
Ex. Formula for coke a cola
Controlling: Federal, state, and national
Duration: unlimited
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FINA 2244: TEST 2