Chapter 4 Flashcards

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1
Q

Tort

A

Civil wrong, breach of legal duty that causes harm or injury to another

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2
Q

“Beyond a reasonable doubt”

A

For Crimes

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3
Q

“Preponderance of evidence”

A

For Torts

Much lower(show its more likely that OF caused his wife’s death)

Overall it’s easier to accuse someone of tort than criminal

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4
Q

Proximate Clause

A

Casue and effect relationship

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5
Q

Liability

A

Foreseeable and probable consequnce

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6
Q

Torts:

A
Assault
Battery
False Imprisonment
Infliction of emotional distress
Defamation
Privacy
Fraud
Torious Interference
Trespasss
Conversion
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7
Q

Assault

A

scare

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8
Q

Battery

A

hit

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9
Q

False Imprisonment

stores are afraid

A

Continement or restraint of another’s person’s activities with out justification

ex. theif stealing from retail store (must be reasonable time and physicallity of the situation)

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10
Q

Infliction of emotional Distress

A

Intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another

PARODIES OF PUBLIC FIGURES PROTECTED

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11
Q

Defamtion

A

Libel
Written is BAD
Public figure has to prove actual malice to sue

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12
Q

Privacy

A

Four acts generally qualify as improperly infringing on another ones privacy

INTRUSION
PUBLIC DISCLOSURE
APPROPRIATION
FALSE LIGHT

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13
Q

Tortious Interference

A

Interfering with another business

Mine is better than yours

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14
Q

Trespass

A

on land below above

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15
Q

Coversion

A

Wrongfully taking or retaining property and placing it in service of another.

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16
Q

Standing

A

actual stake in controversy

ex. suring someone else) you dont have anything to win or lose