Busness Law Flashcards
What ways do torts and criminal case difference:
Definition:
Tort is a civil wrong, in which one person or entity (the “tortfeasor”) causes harm or injury to another person or entity.
Criminal cases, on the other hand, involve violations of criminal laws that are considered to be offenses against society as a whole.
Parties:
In a tort case, the injured party (the “plaintiff”) seeks to recover compensation (such as money damages) for the harm or injury caused by the tortfeasor.
Criminal cases are brought by the government (usually a prosecutor’s office) on behalf of the people, and the goal is to punish the defendant for the offense and deter others from committing similar offenses in the future
The burden of proof in a tort case is usually a preponderance of the evidence, meaning that the plaintiff must prove that it is more likely than not that the defendant was responsible for the harm.
Criminal cases, on the other hand, involve violations of criminal laws that are considered to be offenses against society as a whole. Criminal cases are brought by the government (usually a prosecutor’s office) on behalf of the people, and the goal is to punish the defendant for the offense and deter others from committing similar offenses in the future.
The burden of proof:
The burden of proof in a tort case is usually a preponderance of the evidence, meaning that the plaintiff must prove that it is more likely than not that the defendant was responsible for the harm.
In a criminal case, the government must prove the defendant’s guilt beyond a reasonable doubt, meaning that there is no doubt in the minds of reasonable people that the defendant committed the offense.
The possible remedy:
In a tort case, the goal is to provide remedy for the violation of varies interests , injured party (the “plaintiff”) seeks to recover compensation (such as money damages) for the harm or injury caused by the tortfeasor.
the goal is to punish the defendant for the offense and deter others from committing similar offenses in the future,
Torts involve civil wrongs and seek to recover compensation for harm or injury caused,
In criminal cases involve violations of criminal laws and seek to punish the defendant for the offense., jail time and the death penalty.
What are possible two main source of limitation under state and federal law on the amount t of pu it I’ve damage that a plaintiff might be able to collect
The State law limiation ‘
The US constition
Due process clause
State grossly excessive , no legitimate process and violates due process requirement.
Can damages in intentional tor case include both cpmpasative and punitive damages ?
Compensatory damage: a plaintiff are awarded compensatory damage to compensatory or reimburse the plaintiff for actually losses , its goal is to make make the victim whole or as the same position hew or she would have been in had the tort not occurred .
This can include special damage and general damages .
Special damage are quantifiable monetary losses such as losses wages, medical expenses.
The general damage compensate non-monetary aspect of harm suffered , such as physical pains, emotional suffering and loss of companionship.
Punitive damage on the other hand are to punish the wrongdoers and to deter others from similar wrong doing. Punitive damage are appropriate Only when the behavior was particular egregious.
Essential elements of Assault
Intentional and unexcused threat of immediate harm or offensive contact. Words or acts reasonably believable threats
Don’t have to be actually contact , the defendant’s conduct creates reasonable apprehension of imminent harm of the plaintiff.
Essential elements of battery
The act of creat apprehension is complete and result in the harm of plaintiff.
The contact can be harmful or can be merely offensive such as a unwelcome d kiss.
Whether the contact is offensive is determined by reasonable personal standard,
Emotion harm , loss of reputation or for physical harm.
Essential elements of false imprisonment.
Intentional confinement or restrain of anther person’s activity without justification .
Interfering with freedom to move without restrain.
The confinement can be accomplished through the use of physical barrier, physical restrain or the threat of physical force. Moral pressure does not count ,
It is essential that the person being restrained does not wish to be restrained.
The privilege of detain is granted to merchants in most states to person suspect of shoplifting .
The merchants can use “reasonable force “to detain and or delay persons suspected of shoplifting and hold them for police.
The detain must be conducted in a “reasonable “ manner and only for a “reasonable “ amount of time.
Essential elements of intentional infliction of emotional distress.
intentional act that amount that to extreme and outrage conduct , resulting in severe emotional distress to another .
The conduct must be extreme and outrage to the points it exceeds the bounds of decency accepted by society.
When the outrage conduct consist of speech about public figure , the first amendment guarantee of freedom of speech also limit emotional distress claim.
Roach v. Stern
Parties involved :
Descendent Deborah Roach’s family member.
Howard Stern a radio talk show host , the board casting company, the winner of reading station , and the descendent ‘s friend.
What happened:
Deborah Roaches, body was creamed and her sister gave a portion of her remains to Deborah’s friend who engaged in certain on air conversation with the radio talk show host Stern,,they made comments about the remains while handling various bone fragments. The defendant’s family member files a complain against them for infliction of emotional stress. The lower courts dismissed the complaint and appellants sought review in the Supreme court .
The issue presented :
Was the elements of outrage conduct excreted the bounds of decency accepted by society?
It it so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.
Is the claim of severe emotional distress is genuine?
The holding: the Supreme court reverse the decision of the lower court and ruled in Roach’s favor.
The rationale:
The participants of the broadcasting handled the remain while making comments about which body parts they were holding, what they looked like and heat they could do about with them for entertainment purpose and against the wishes of her family went beyond e the bounds of decent behavior, therefore satisfy the require of law.
Essential element of defamation.
Making false and defamatory statement of fact
In order to wrongfully full hurting a person’s good reputation.
It can be a person , a person’s product , business or legal ownership rights to property .
The statement was understood as being about the plaintiff and tend to harm the plaintiff’s reputation ,
The statement was published to at least one person other than the plaintiff.
If the plaintiff is a public figure, she or he must prove actual malice. (The plaintiff must prove that the statement was false, the defendant acted with actual malice. )
Shulman v. Group W Productions, Inc.
Party involved:
Plaintiffs Ruth Shulman and her son, Wayne Shulman, who arew involved in an car accident, Group W Productions, Inc., a television producer (“Group W”).
What happened:
The plantiffs who were involved in a car accident , when threy were extracted from the car, a camera man from the Group W Production filmed the extraction , and their recceve of care and their tranportation and broadcast on a documentary television show without the consent of the plaintiff. THe plaintiff sued the Group W. Production for invasion of privacy based on intrusion and disclousure of private facts. Group W files the motion for summary judgemet . The trial court grant the summary of judgement to the Group w. , the plaintiff appealed. Was Group W properly granted summarry judgment on plaintiff’s intrusion claim?
the issue presented : Was Group W as a media production company illgeally disclose the Platiff’s private facts or thy are under the protection of the First amendment .
The holdings: The stste supereme court affirm that the summary judgement regarding discoure of private facts is proper , but revser the summary judgement on intrution .
The rationales
The court ruled that the summary judgement on siscclury of private fact is proper becuadse the boardc ast was news worthy and as a media production company , Group W was protected by the first Amanment .
However , the Court declared the summary judgement on intrusion is not proper because Group W invaded plaintiffs’ privacy by accompanying them in the helicopter and Group W tortiously intruded by listening to Mrs. Shulman’s confidential conversations with a nurse at the rescue scene without Shulman’s consent. Group W had no First Amendment privilege to intrude on plaintiffs’ seclusion and private communications.
what damage , liability , loss are trpically covered if i buy a homeowners’s insurance policy?
- Property damage: This coverage protects against damage to your home and personal belongings due to perils such as fire, wind, hail, and theft.
- Liability: This coverage protects you against financial loss if someone is injured on your property or if you accidentally cause damage to someone else’s property. It may also cover legal fees if you are sued.
- Loss of use: This coverage provides compensation for additional living expenses if you are forced to temporarily move out of your home due to damage.
- Medical payments: This coverage pays for medical expenses if someone is injured on your property, regardless of who is at fault.
- Personal property: This coverage provides protection for your personal belongings, such as furniture, clothing, and electronics, in the event they are damaged, destroyed or stolen.
Would the policy provide any coverage if: You have a homeowner’s policy and you burn down your neighbor’s house after your backyard campfire goes out of control?
Yes, your homeowner’s insurance policy may provide coverage in the event that you accidentally cause damage to someone else’s property, such as your neighbor’s house, even if the damage was caused by a fire that originated on your property. This coverage typically falls under the liability portion of your policy.
However, the specifics of coverage can vary depending on the circumstances of the incident, the extent of the damage, and the terms of your policy. It is important to contact your insurance provider as soon as possible to report the incident and discuss your coverage and any potential exclusions or limitations that may apply.
It’s also worth noting that intentional damage or damage caused by illegal activities may not be covered by your policy
would you policy cover any damage if You have a renter’s policy and you leave a pot on the stove which causes a fire that causes serious damage to the entire apartment
building?
If you have a renter’s insurance policy, it may provide coverage in the event that you accidentally cause damage to the apartment building where you live. However, the specifics of coverage can vary depending on the circumstances of the incident, the extent of the damage, and the terms of your policy.
In the scenario you described, if a fire started from a pot left on the stove and caused damage to the entire apartment building, your renter’s insurance policy may provide coverage for the damages, including repairs to the building and compensation for any loss of use or displacement of the other tenants.
However, it’s important to note that intentional damage or damage caused by illegal activities may not be covered by your policy. It’s also important to review your policy carefully and discuss any questions or concerns with your insurance agent to understand the specific coverage and any limitations or exclusions that may apply.
you have a insurance policy but you negligently allow a shopping cart
to roll across the grocery store parking lot and cause damage to
someone else’s car, will you insurance cover itthe damage?
If you have liability coverage as part of your insurance policy, it may provide coverage in the event that you are found negligent and cause damage to someone else’s property, such as in the scenario you described where a shopping cart you negligently allowed to roll across a parking lot causes damage to someone else’s car.
Liability coverage typically includes property damage liability, which would cover the cost of repairs to the other person’s car. However, the specifics of coverage can vary depending on the terms of your policy and the extent of the damage caused.
It’s important to note that if the damage exceeds the limits of your liability coverage, you may be responsible for paying the difference out of pocket. It’s also important to report the incident to your insurance provider as soon as possible and cooperate with any investigation or claims process to ensure that the matter is resolved fairly and efficiently.
What kinds of damages/losses/liabilities are typically covered if you buy a car insurance policy?
Car insurance policies typically provide coverage for a variety of damages, losses, and liabilities that may arise as a result of owning and operating a vehicle. Here are some common types of coverage included in a standard car insurance policy:
Liability coverage: This is the most basic type of car insurance coverage and is typically required by law. It covers bodily injury and property damage that you may cause to others while driving your car.
Collision coverage: This coverage pays for damage to your car in the event of a collision with another car or object, regardless of who is at fault.
Comprehensive coverage: This coverage pays for damage to your car from non-collision events such as theft, vandalism, or natural disasters.
Personal injury protection (PIP): Also known as no-fault insurance, PIP coverage pays for medical expenses and lost wages for you and your passengers in the event of an accident, regardless of who is at fault.
Uninsured/underinsured motorist coverage: This coverage protects you in the event that you are in an accident with a driver who does not have insurance or whose insurance is insufficient to cover the damages.
It is important to note that car insurance policies can vary in their coverage and limits, so it’s important to review your policy carefully and discuss any questions or concerns with your insurance agent. Additionally, some types of damages or losses may require additional coverage, such as roadside assistance or rental car reimbursement.
What is the role of an “umbrella” insurance policy?
An “umbrella” insurance policy is an additional type of liability insurance that provides extra coverage beyond the limits of your primary insurance policies, such as your home or auto insurance policy. The role of an umbrella insurance policy is to provide you with extra protection and peace of mind in the event that you are found liable for damages that exceed the limits of your primary insurance policies.
For example, if you are involved in a car accident and the damages exceed the limits of your auto insurance policy, an umbrella insurance policy can provide additional coverage to help cover the remaining costs. Similarly, if someone is injured on your property and the damages exceed the limits of your homeowner’s insurance policy, an umbrella insurance policy can provide extra coverage.
Umbrella insurance policies typically have high coverage limits, often starting at $1 million or more, and can be relatively inexpensive compared to the additional protection they provide. They can also cover a wide range of liability claims, such as personal injury, property damage, and libel or slander.
It’s important to note that umbrella insurance policies are not required by law, but can be a wise investment for those who want additional protection and peace of mind. It’s also important to review your policy carefully and discuss any questions or concerns with your insurance agent to ensure that you have the appropriate coverage for your needs.
Why are the “limits” under a insurance policy important?
The “limits” under an insurance policy are the maximum amount that an insurance company will pay out for a covered claim. These limits are an important factor to consider when choosing an insurance policy because they determine how much protection you have in the event of a covered loss or liability.
If the damages or losses you incur exceed the limits of your insurance policy, you may be responsible for paying the difference out of pocket. For example, if you are involved in a car accident and the damages exceed the limits of your auto insurance policy, you may be responsible for paying the remaining costs.
Therefore, it is important to choose an insurance policy with appropriate limits to ensure that you have adequate coverage in the event of a claim. Your insurance agent can help you determine the appropriate limits for your needs based on factors such as your assets, income, and potential risks.
It’s also important to regularly review your insurance policy and make adjustments to your coverage as needed, especially if your circumstances change, such as if you acquire new assets or take on new risks. Keeping your insurance limits up-to-date can help ensure that you are adequately protected and prepared for unexpected events.
