Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal Concepts for Accountants > Chapter6 > Flashcards

Chapter6 Flashcards

1
Q

compensates those who have suffered a loss or injury due to another person’s wrongful act.

A

tort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

meant to reimburse the plaintiff for actual losses in an effort to make one whole again

A

compensatory damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

type ot compensatory damage where the plaintiff is compensated for monetary losses ex. wages, medical expenses etc.

A

special damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

type of compensatory damages that compensate individuals for pain and suffering

A

general damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

damages that punish the wrongdoer

A

punitive damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another

A

Gross negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the 3 types of reforms made to tort law

A
  1. limiting the amount of punitive damages and general damages that can be awarded
  2. capping the amount attorneys can take on contingency fees
  3. requiring the losing party to pay both the plaintiff’s and defendant’s expenses
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

lawsuit in which a large number of plaintiffs bring the suit as a group

A

class action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

tort where the tortfeasor must intend to commit an act the consequences of which interfere with another’s personal or business in a way not permitted by law

A

intentional tort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

the one committing the tort

A

tortfeasor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

defendant intends to harm one individual but unintentionally harms a second person

A

transferred intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

is any intentional and unexcused threat of immediate harmful or offensive contact - words or acts that create a reasonably believable threat

A

assault

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

an unexcused and harmful or offensive physical contact intentionally performed

A

battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

the intentional confinement or restraint of another person’s activities without justification

A

false imprisionment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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

A

intentional infliction of emotional distress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

capable of serving as the ground of a lawsuit

A

actionable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

wrongfully hurting a person’s good reputation

A

defamation

18
Q

making false defamatory statements of fact about others in writing or permanent form

A

lible

19
Q

making false defamatory statements of fact about others in an oral form

A

slander

20
Q

4 Requirements for proving defamation

A
  1. defendant made a false statement of fact
  2. the statement was understood as being about the plaintiff and tended to harm the plaintiff’s reputation
  3. the statement was published to at least one person other than the plaintiff
  4. if the plaintiff is a public figure he or she must prove actual malice
21
Q

what are the damages for libel

A

general damages

22
Q

what are the damages for slander

A

special damages to establish the defendants liability the statements caused them to suffer economic harm

23
Q

what are the 4 types of slander per se

A
  1. statement that another has a particular type of disease
  2. statement that another has committed improprieties while engaging in a profession or trade
  3. statement that another has committed or has been imprisoned for a serious crime
  4. A statement that a person is unchaste or has engaged in serious sexual misconduct
24
Q

a person will not be liable for defamatory statements because she or he enjoys a _____

A

privilege

25
Q

privilege held by judicial proceedings and certain government positions

A

absolute privilege

26
Q

type of privilege where if the statement is made in good faith and the publication is limited to those who have a legitimate interest then the statement is ok

A

qualified privilege

27
Q

false and defamatory statements are fair game on this group of people unless they show actual malice

A

public figures

28
Q

means with either knowledge of its falsity or reckless disregard of the truth

A

actual malice

29
Q

type of invasion of privacy where someone’s home or property is invaded or searched

A

Intrusion into an individuals affairs or seclusion

30
Q

events or publications that attributes ideas and opinions not held by that person

A

false light

31
Q

type of invasion of privacy where a person’s personal information is released to the publice

A

Public disclosure of private facts

32
Q

invasion of privacy where a person’s name, picture, likeness etc. are used without their permission

A

Appropriation of identity

33
Q

involves the intentional deciet for personal gain

A

fraudulent misrepresentation

34
Q

5 parts of fraudulent misrepresentation

A
  1. a misrepresentation of material facts or conditions with knowledge that they are false or with reckless disregard for the truth
  2. an intent to induce another party to rely on the misrepresentation
  3. a justifiable reliance on the misrepresentation by the deceived party
  4. damages suffered as a result of that reliance
  5. a causal connection between the misrepresentation and the injury suffered
35
Q

another name for sellers talk

A

puffery

36
Q

the party that initiated a lawsuit did so out of malice and without a legitimate legal reason and ended up loosing the suit this is called

A

malicious prosecution

37
Q

can apply to any person using a legal process against another in an improper manner to accomplish a purpose for which the process was not designed

A

Abuse of process

38
Q

3 parts to wrongful interference with a contractual relationship

A
  1. a valid enforceable contract must exist between the two parties
  2. a third party must know that this contract exists
  3. This third party must intentionally induce a party to the contract to breach the contract
39
Q

actions undertaken with the intention of unlawfully driving competitors completely out of the market

A

predatory behavior

40
Q

Trespassing on land occurs when a person without permission does any of the following

A
  1. Enters onto above or below the surface of land that is owned by another
  2. Causes anything to enter onto land owned by another
  3. Remains on land owned by another or permits anything to remain on it
41
Q

land owner may have a responsibility to protect trespassers from entering their property if their is something to entice children to go there for example

A

Attractive nuisance

Legal Concepts for Accountants (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions