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Business Law 3rd Exam > 3rd Test > Flashcards

3rd Test Flashcards

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1
Q

Torte

A

A civil wrong not arising from a breach of contract (all about money compensation)

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2
Q

Intentional Torte

A

A wrongful act committed knowingly & committed with the intent to commit the act (Meant to throw the dart but did not mean to hit a person)

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3
Q

Assault

A

An intentional, unexcused act that creates in another person a reasonable apprehension or fear of immediate harmful or offensive contact (fear of contact creates the assault- MUST be immediate, threat)

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4
Q

Battery

A

Intentional, unexcused and harmful or offensive contact (the completion of the assault)

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5
Q

False Imprisonment

A

The intentional confinement of another person or restraint of another person’s activities without justification. The restraint may occur through physical barriers, restraint, or threats of physical force. (if one can’t feel like they can leave, physically confined & aware, one does not consent to restraint, must not be a reasonable way out)

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6
Q

Defenses by businesses regarding detention of shiplifters:

A

Restraint was in a reasonable manner
Restraint was in a reasonable time
Basis for the detention was valid

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7
Q

Infliction of Emotional Distress

A

An intentional act that amounts to extreme and outrageous conduct resulting in sever emotional distress to another (lawsuit for Jet Blue for playing joke on employee who ended probationary period)

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8
Q

Consent

A

can be used as defense where a person voluntarily consented to a defendant’s particular act- can be given verbally or in writing

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9
Q

Self Defense

A

An individual may be able to use reasonable force against a reasonably apparent threat in order to avoid the infliction of immediate bodily harm (need to use matching force to defend yourself)

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10
Q

Defending Property

A

A defendant is permitted to use reasonable force to prevent damages to property- the use of deadly force is however not typically allowed for defending property

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11
Q

Defending or assisting others

A

A person may also be able to use self-defense on behalf of another individual’s legitimate right to self-defense and use force in defense of that person

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12
Q

Necessity

A

Allows one to act in a wrongful way because doing so prevents a greater harm to you, your property of the community (shoving someone so they don’t get hit by a car)

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13
Q

Defamation

A

Any false statement of fact published or publicly spoken that injures another’s character, reputation or good name (must be able to prove injury)

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14
Q

Slander

A

Oral form of defamation

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15
Q

Libel

A

Written form of defamation

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16
Q

The Publication Requirement

A

A third party must overhear the defamation

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17
Q

Defamation Per Se (Plaintiff’s Doctrine)

A

Loathsome Communicable Disease (knowingly spreading diseases)
Professional Trade (accountant stole money, lawyer committed malpractice)
Serious Crime
Unchaste (“woman sleeps her way to the top”)

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18
Q

Defenses to Defamation

A

Truth

Absence of Malice (wreck less disregard for the truth)

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19
Q

Privacy Torts

A

Appropriation - use of a person’s name or picture without permission
Intrusion on solitude (wiretap)
Placing a person in a false light (publishing false story)
Public exposure of private facts (debts, drug use)

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20
Q

False light

A

similar to defamation claim in that it allows an individual to sue for public disclosure of information that is misleading, putting someone in a “false light”

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21
Q

Attractive Nuisance

A

Anything on a land that is enticing to a child

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22
Q

Defenses to Trespass

A

Necessity

Licenses (permission to be there)

23
Q

Trespass to personal property

A

Borrowing someone’s belongings without their permission

24
Q

Conversion

A

Civil Theft- taking, using, selling or retaining possession

25
Q

Negligence

A

Failing to exercise the standard of care that a reasonable person would exercise in similar circumstances

26
Q

4 parts of Negligence

A

Duty- responsibility in the given situation
Breach of Duty- if a person does not live up to their responsibility
Causation- link between the person not fulfilling their responsibility and the person’s injury
Damages- must be legally recognizable damages to a person

27
Q

Duty of Care

A

The duty of all persons to exercise reasonable care in their dealings with others

28
Q

Reasonable Care

A

Don’t take unnecessary risks that has a likelihood to harm other individuals

29
Q

Reasonable person

A

Careful, conscientious, aware of their environment, honest, even tempered

30
Q

Duty of Landowners

A

Expected to exercise reasonable care to protect harm from those persons coming onto their property

31
Q

Duty to warn

A

Must warn of foreseeable & some hidden risks

32
Q

Duty of prefessionals

A

If an individual has knowledge, skill or expertise superior to that of an ordinary person, the individual is held to that standard of care expected of a reasonable person with the same or similar knowledge, skill or expertise (A 20 year doctor will be compared to 20 year doctors not a new one)

33
Q

Breach of Duty

A

Is the warning enough?

Did it satisfy the duty?

34
Q

Damages or Injury in Nelgligence

A 
Compensatory Damages (compensate to make a person whole, not to put you in a better position)
Punitive Damages (punish & deter future similar conduct)
35
Q

Res Ipsa Loquitur

A

Doctrine about circumstantial evidence the helps plaintiff establish elements of prima facie case (duty, breach, causation, damages) that allow the jury to draw an inference of negligence by virtue of the occurrence itself

36
Q

Negligence Per Se

A

An act or omission in violation of a statutory duty or obligation
Statute replaces reasonable care

37
Q

Proximate Cause

A

Examines foreseeability- was this action foreseeable when they did what they did?

38
Q

Comparative Negligence

A

Damages are reduces by the % of injuries caused by plaintiff’s own negligence

39
Q

Contributory Negligence

A

Plaintiff’s action contributed to the injuries and case is completely barred

40
Q

Danger Invites Rescue

A

If a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue that victim

41
Q

Good Samaritan Statute

A

If a person undertakes an effort to help someone, they would really have to do something wrong in order for you to get in trouble and you must see the entire thing through- you cannot leave them in a worse off situation

42
Q

Dram Shop Liability

A

You cannot serve a person alcohol that is already intoxicated (Wisconsin is the only state that does not abide by this)

43
Q

Strict Liability

A

Liability without fault- the fact that someone was injured, we are going to hold you responsible

  1. Abnormally Dangerous Activity (spray crops on a windy day)
  2. Animals (keeping a wild animal in a domestic space and it attacks)
  3. Unreasonably dangerous consumer products (if a consumer product is being used correctly and it injures someone)
44
Q

Things you cannot be terminated for

A
  • a protected reason
  • refusing to commit an illegal act
  • important public duty (jury duty)
  • public right (filing for workers compensation
  • whistle blowing (reporting illegal things to appropriate people)
45
Q

Business Extension Exception

A

Allows employer to monitor device furnished by employer or employees own device with consent

46
Q

EEOC Equal Employment Opportunity Commission

A

Federal agency charged with enforcing Title VII of the Civil Rights Act of 1964 & other federal statutes & regulations prohibiting prohibiting employment discrimination

47
Q

Title IX

A

levels the field for men and women’s college sports

48
Q

Title VII

A

Employment discrimination; need to exhaust administrative remedies in order to file a lawsuit

49
Q

Disparate Treatment

A

Intentional discrimination by an employer against employees or applicants who are members of a protected class

50
Q

To prevail on a disparate treatment a plaintiff must prove that:

A
  1. They are a member of a protected class
  2. They applied and were qualified for, or were employed in the position in question
  3. They were rejected, demoted or terminated by the employer
  4. The employer then filled the position with a person not qualified
51
Q

Prima Facie Case

A

Once Disparate Treatment has been established, it shifts to the employer to explain

52
Q

Disparate Impact

A

Unintentional Discrimination (must be 6 ft tall in order to work someplace where everything is high up- discriminate against disabled and women)

53
Q

Quid Pro Quo

A

This for that- granting or denying employment for sexual favors or refusal of

54
Q

Statutory Defenses Under Title VII

A

Business Necessity was job related (physical requirements)
Seniority or Merit System
BFOQ (only women for women prisons)

Business Law 3rd Exam (1 decks)

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