37 Cards in this Set
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Tort (def)
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civil non-contractual wrong for which a court will give a remedy
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Someone sues for torts in order to get ____.
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Damages
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Punitive Damages
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above damages, used to punish wrong-doers for the pain and suffering caused. BIG MONEY
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Tort Liability Scale
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No Harm--> Negligence(accidental harm) --> Carelessness (speeding) --> Recklessness (don't care whether you hurt or not--> Intentional
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3 requirements of Intentional Tort
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1. Act (done by D to P) 2. Intent (intention was to hurt) 3. Causation (caused harm)
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4 Intentional Torts:
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1. Assault 2. Battery 3. False Imprisonment 4. IIED
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Assault
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threat of harm
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Battery
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Battery is a criminal offense involving unlawful physical contact, distinct from assault in that the contact is not necessarily violent.
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False Imprisonment
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confining or restraining the Plaintiff to a bounded area....
The longer you are held the more DAMAGES you get
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4 Major Defenses of Intentional Torts:
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1. Consent 2. Self-Defense 3. Defense of others 4.Defense of Property
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Defamation
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making hurtful remarks that injure the Plaintiff (monetarily probe) that are untrue!........ this tort can happen intentionally or recklessly... something must be lost
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Libel
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permanently recorded defamation (newspaper, magazines,tv)
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Slander
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just spoken (NOT RECORDED)
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Proof Standard for Defamation
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P must show that D knew or recklessly disregarded the truth of what was said
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Defamation Defenses
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1. Consent 2. Truth 3. Privilege
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2 types of Defamation Defense Privileges:
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1. testimonial privilege - when a witness
2. spousal privilege- protects harmony of marriage; cannot testify against spouse
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Negligence case must show 4 things:
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1. Duty (obligation by D to P) 2. Breach (not fulfilling the duty)
3. Causation (factual and legal cause of harm) 4. Damages
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2 Main Defenses of Negligence
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1. Contributory or Comparative negligence 2. Assumption of Risk
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Contributory Negligence
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P was NOT fault free!
- Defense: Doctirne of Last Clear Chance: if P can show that D had the last clear chance to avoid the accident and did not then P gets damages
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Comparative Negligence
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P needs to have less than 50 % of fault
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EEOA
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Equal Employment Opportunity Act;
: cannot discriminate against someone on race, color,religion, sex, or national origin
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BFOQ
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- Bonafide Occupational Qualification: means that if there is a requirement for job to discriminate its okay
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If someone feels they have been discriminated against they can sue for ___ or ____.
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1. Disperate treatment- "you didnk hire me because im ..."
2. Disperate impact- "you didnt fire me because you dont hire anyone who is ..."
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Discrimination sue process
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Step 1 : P has to prove discrimination
Step 2 : D needs to prove that discrimination is necessary for job Step 3 : P has to show there is an alternative to the discrimination
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2 types of sexual discrimination
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1. "Quid Pro Quo" - sexual favors for job benefits
2. Hostile Environment - what the D is doing is creating a hostile environment
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EX: Violations
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Parking Tickets
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Misdemeanors
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Punishable by 1 year or less in jail or fine
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Felony
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punishable by over 1 year inn jail and or fine or death
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Elements of a Crime
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1. Actus Reus- guilty act or omission
2. 3. Concurrence of 1 and 2
4. Caused harm
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3 main defenses in Criminal Law
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1. Insanity
2. Infancy or Minority (under 7 years old) 3. Intoxication
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Fraud Crimes
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1. Forgery - making or altering of false instruments with intent to defraud (signing blank check)
2. Uttering- Using that false instrument for gain with full intent
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Theft Crimes
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1. Embezzlement
2. Larceny
3. Robbery
4. Burglary
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Embezzlement
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taking property of another while being in lawful possession of the property (Bank teller taking money out of own drawer)
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Larceny
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taking property and carrying away anothers by trespass with the intent of keeping it
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Robbery
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taking property from person or presence by force or intimidation n(your person, your home, your car)
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Burglary
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breaking and entering of another with intent to commit a felony therein
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Attempt
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MODIFIER: they tried and failed! has intent and act
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BA 200: EXAM 1