Brainscape's Knowledge GenomeTM

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


See full index

Diane's Index Cards > Deck 2 > Flashcards

Deck 2 Flashcards

1
Q

PROMISSORY ESTOPPEL

A
  1. PROMISE
  2. RELIANCE ON THAT PROMISE THAT IS REASONABLE DETRIMENTAL AND ENFORCEABLE
  3. ENFORCEMENT NECESSARY TO AVOID INJUSTICE.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

SOF - ANSWER FOR DEBT OF ANOTHER

A

ONLY RESPONSIBLE IF THAT PERSON DOES NOT PAY

LOOK FOR A GUARANTEE OF SOME SORT

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

1 YEAR LEASES

A

ARE NOT IN SOF

ACTUALLY LEASES FOR 1 YEAR OR LESS

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

LONG ARM STATUTE

NON RESIDENT MOTORIST ACT

A

OWNS OR OPERATES VEHICLE IN FL

ACCIDENT OR COLLISION IN FLORIDA

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

DUCES TECUM - BRING DOCS AND THINGS

A

SUBPOENA NON-PARTY

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

COUNTERCLAIM VS CROSSCLAIM

A

KEEP THESE STRAIGHT
COUNTERCLAIM IS AGAINST OPPOSING PARTY
CROSSCLAIM YOU BRING IN ANOTHER PERSON

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

NO INTERROGS TO NON-PARTY

A

ANSWER WITHIN 30 DAYS
CAN DO REQUEST TO PRODUCE - NONPARTY SUBP.
IF THEY DO NOT COOPERATE, YOU CAN MOVE FOR A COURT RULING
TAKE THE DEPO AND DO A DUCES TECUM

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

ADJUDIATED CASES

A

CAN BE DONE BY:
VOLUNTARY DISMISSAL
STIPULATION OF THE PARTIES
BY COURT ORDER

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

RULE NISI - ORDER TO SHOW CAUSE

A

TO SHOW WHY SOMETHING SHOULD OR SHOULD NOT HAPPEN

SCIRE FACIAS - FAILURE TO STATE A CAUSE OF ACTION

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

SUMMARY JUDGMENT

A
  1. THERE IS NO DISPUTE OF MATERIAL FACT
  2. ENTITLED TO A JUDGMENT AS A MATTER OF LAW

THINK ABOUT A SUIT OVER A CREDIT CARD DEBT. IF YOU OWE THE MONEY, THE BANK WILL ASK FOR A SUMMARY JUDGMENT BECAUSE YOU HAVE NO DEFENSE AS TO WHY YOU SHOULD NOT PAY. AT THAT POINT THEY GET THE JUDGMENT AGAINST YOU.

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

IMPLEADER

A

ADDS ANOTHER PARTY, IS USUALLY THE 3RD PARTY DEFENDANT.
INDEMNIFY OR CONTRIBUTE
EXAMPLE WOULD BE AN INSURANCE COMPANY

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

TORTS ZONE OF DANGER

A

ASK…HOW THE HELL DID THAT HAPPEN?

WERE THEY OUTSIDE THE ZONE?

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

STANDARD OF CARE

A

WHAT WOULD A REASONABLY PRUDENT PERSON DO?
EXCEPTIONS ARE IF YOU HAVE SUPERIOR SKILLS OR SUPERIOR KNOWLEDGE
ARE PHYSICAL CHARACTERISTS RELEVANT? YES
FOR EXAMPLE, WHAT WOULD A REASONABLY PRUDENT BLIND PERSON DO?
THIS APPLIES TO EVERYONE EQUALLY

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

SPECIAL DUTY OF CARE

A

SKILL AND KNOWLEDGE USUALLY POSSESSED BY AN AVERAGE MEMBER OF THE SAME PROFESSION.
REAL WORLD COLLEAGUES

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

SPECIAL DUTY OF CARE FOR CHILDREN

A

IF THEY ARE PARTICIPATING IN AN ADULT ACTIVITY, THEY SHOULD BE TREATED LIKE A REASONABLE ADULT. THIS COULD BE DRIVING, ETC.
ALWAYS USE THE NATIONAL STANDARD OF CARE. FOR EXAMPLE, A REASONABLE DOCTOR IN NYC IS THE SAME AS A REASONABLE DR IN FLORIDA.

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

FLORID DISTINCTION RELATED TO MED MAL

A

THERE WERE DAMAGE CAPS BUT THEY WERE VOID AFTER 2014

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

DUTY OF CARE FOR PREMISE LIABILITY FOR A KNOWN TRESPASSER

A

ONLY DUTY IF IT IS AN ARTIFICIAL ITEM - MAN MADE
HIGHLY DANGEROUS
CONCEALED
KNOW OF IN ADVANCE - ACTUALLY HAD PRIOR KNOWLEDGE
KNOWN OR ANTICIPATED TRESSPASSER FROM KNOWN OR MANMADE DEATH TRAPS ON YOUR LAND

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

PREMISE LIABILITY FOR ENTRANTS OR

A
  1. UNKNOWN TRESPASSER - NO DUTY OF CARE.
    SIMPLY ASK WHO ARE YOU?
  2. KNOWN TRESPASSER AND ANTICIPATED
    IF YOU KNOW OR SHOULD HAVE KNOWN B/C OF A PATTERN IN THE PAST, YOU NEED TO PROTECT FROM HAZARDS
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

LICENSEE

A 
SOMEONE WHO ENTERS WITH PERMISSION
A SOCIAL GUEST
GIRL SCOUTS - IMPLIED IN CUSTOM
TEST IS 
CONCEALED, HAD PRIOR KNOWLEDGE
YOU SHOULD PROTECT THEM FROM ALL KNOWN TRAPS ON THE LAND
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

INVITEE - ENTERS WITH PERMISSION

A

OFFERS ECONOMIC BENEFIT OR PUBLIC PROPERTY

NO DUTY TO ANYONE TRYING TO COMMIT A FELONY ON YOUR PROPERTY

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

PRIVACY TORTS

A
  1. APPROPRIATION - USE IMAGE OR NAME WITHOUT APPROVAL
  2. INTRUSION - INVADE THE PLAINTIFF’S SECLUSION
    WIRETAP, EAVEDROP, PEEPING TOM, VIDEO
    MUST HAVE A REASONABLE EXPECTATION OF PRIVACY, SUCH AS HOME OR HOTEL
  3. FALSE LIGHT (THIS IS MBE ONLY) FALSE GOSSIP, WIDELY DISSEMINATED..THIS IS NOT APPLICABLE TO FLORIDA
  4. DISCLOSURE - DISEMINATES HIGHLY CONFIDENTIAL INFORMATION. TRUE GOSSIP. MEDICAL RECORDS, ETC
22
Q

PRIVACY TORT DEFENSES

A
  1. THERE WAS CONSENT

2. ABSOLUTE AND QUALIFIED PRIVILEGE IN FALSE LIGHT AND DISCLOSURE

23
Q

NEGLIGENCE

A

DUTY
BREACH
CAUSATION - LEGAL OR PROXIMATE CAUSE
DAMAGE

24
Q

DEFAMATION IF MEDIA IS THE DEFENDANT

A

MEDIA DEFENDANT
NEED ACTUAL DAMAGES
MUST GIVE 5 DAYS NOTICE OF INTENT TO SUE
THEY HAVE 10 DAYS TO RETRACT

25
Q

FRAGILE CLASS IN TORTS

A

CHILDREN, YOUNG KIDS
ELDERLY
PREGNANT WOMEN, BUT THEY MUST KNOW THEY ARE PREGNANT

26
Q

DEFENSES TO DEFAMATION

A
  1. CONSENT - IMPLIED OR EXPRESS
  2. TRUTH
  3. PRIVILEGE - YOU CAN TELL YOUR SPOUSE OR ATTORNEYS OR GOVERNMENT?
  4. QUALIFIED - WHERE THERE IS A PUBLIC INTEREST NEED TO KNOW. EXAMPLE = REFERENCES
27
Q

QUALIFIED PRIVILEGE (REFERENCES)

A

IF YOU SAY, YES, THEY ARE GOOD, BUT…..
1. MUST HAVE A GOOD FAITH AND REASONABLE BASIS FOR MAKING THE STATEMENT
2. CONFINED TO RELEVANT MATTERS
CANNOT BRING IN THINGS THAT ARE NOT RELATED TO THE REFERENCE INFO.

28
Q

TRESPASS TO CHATTELS - SMALL HARM

A

RELATED TO PERSONAL PROPERTY, AND EVERYTHING EXCEPT LAND
IT INCLUDES INTERFERENCE WITH PERSONAL PROPERTY BUT MUST BE INTENTIONAL
1. DAMAGE
2. STEAL
SO VANDALISM OR THEFT IS TRESS. TO CHATTELS
IF THE HARM IS SIGNIFICANT, IT IS CONVERSION

29
Q

ESPRESS CONSENT…HI, COME ON IN…

A

FRAUD OR DURESS INVALIDATES CONSENT
FOR EXAMPLE, IF SOMEONE PRETENDS TO BE A DOCTOR, YOU SAY OK, GO AHEAD AND EXAMINE ME…THAT IS FRAUD SO CONSENT DOES NOT STICK

30
Q

PROTECTIVE PRIVILEGE

A

SELF DEFENSE
DEFENSE OF OTHERS
DEFENSE OF PROPERTY
MUST HAVE PROPER TIMING AND A REASONABLE BELIEF THAT THE THREAT IS GENUINE
YOU CAN HAVE REASONABLE MISTAKE, AS IN SHOPKEEPERS RIGHTS TO HOLD SOMEONE

31
Q

AMOUNT OF FORCE YOU CAN USE

A

YOU CAN USE THE FORCE NECESSARY FOR THE CIRCUMSTANCEE
IF THERE IS A DEADLY THREAT, YOU CAN YOU A DEADLY RESPONSE
RULE OF SYMMETRY
IN FLORIDA - NO DUTY TO RETREAT
NO DUTY TO RETREAT IS THE MAJORITY RULE

32
Q

HOME INVASION IN FLORIDA

A

YOU ARE PRESUMED TO HAVE REASONABLE FEAR OF DEATH IF SOMEONE ENTERS YOUR DWELLING OR VEHICLE.
MUST BE AN UNLAWFUL ENTRY OR NO BURGLARY

33
Q

DEFAMATION DEFINED

A

DEF MAKES A DEFAMATORY STATEMENT THAT SPECIFICALLY IDENTIFIES THE PLAINTIFF
STATEMENT IS PUBLISHED BY THE DEF.
THERE ARE DAMAGES

34
Q

LIBEL VS SLANDER

A

LIBEL IS MEMORIALIZED, WHICH IS WRITTEN, EMAILED, FILMED, PERMANENT IN SOME WAY
SLANDER IS THE SPOKEN WORD…

35
Q

SLANDER PER SE - SPOKEN STATEMENT

A

PRESUME DAMAGES

  1. BUSINESS OR PROFESSION
  2. COMMITTED A CRIME
  3. CHASTITY FOR WOMEN
  4. P SUFFERS FROM A LOATHSOME DISEASE
36
Q

PUBLIC CONCERN DEFAMATION

A 
PROVE DEFAMATION, PLUS MUST SHOW 
STATEMENT IS FALSE
FAULT WAS NOT AN HONEST MISTAKE
DEF FAILED TO INVESTIGATE.
IF THERE IS 0 FAULT THERE IS 0 LIABILITY
37
Q

TRESPASS TO LAND

A

MUST BE A PHYSICAL INVASION (OF ANYTHING)
THAT MUST BE OF LAND (AIR AND SOIL)
YOU CAN THROW A ROCK, HOLD YOUR ARM ACROSS THE PROPERTY LINE, THROW A BALL INTO THE YARD INTO THE AIRSPACE AND THAT IS A TECHNICAL TRESPASS.

38
Q

MIMIC

A 
MOTIVE
INTENT
MISTAKE
IDENTITY
COMMON/PLAN SCHEME
39
Q

LANDLORD TENANT

A

LOOK AT RULES ON NOTICE AND TERMINATION

40
Q

WHAT ARE GOODS

A

CONSUMER GOODS
EQUIPMENT
FARM PRODUCTS
INVENTORY

41
Q

DOG BITES - STRICT LIABILITY

A

MBE - FIRST BITE IS FREE; 2ND IS STRICT LIABILITY

FLORIDA - NO FREE BITES. NEED A SIGN THAT SAYS BAD DOG. NOT BEWARE OF DOG…BAD DOG.
STRICT LIABILITY WITH ANY WILD ANIMALS NO MATTER WHAT KIND OF PRECAUTIONS YOU TAKE

42
Q

STRICT LIABILITY - ABNORMALLY DANGEROUS ACTIVITY

THIS IS A TEST

A
  1. FORSEEABLE RISK OF SERIOUS HARM EVEN WHEN REASONABLE CARE IS EXERCISED
  2. ACTIVITY IS NOT A MATTER OF COMMON USAGE WHERE CONDUCTED. IT IS ATYPICAL OR UNUSUAL
43
Q

STRICT LIABILITY - DANGEROUS DEFECTIVE PRODUCTS

A
  1. MUST BE A MERCHANT
  2. MUST BE DEFECTIVE
    MANUFACTURER’S DEFECT
    DESIGN DEFECT
    INFORMATION DEFECT
  3. SHOW PRODUCT IS NOT ALTERED
  4. P IS MAKING A FORSEEABLE USE OF THE PRODUCT
    FOR EXAMPLE, P IS STANDING ON A CHAIR, BECAUSE EVERYONE STANDS ON A CHAIR.
44
Q

VICARIOUS LIABILITY - LAST RESORT

A

CAN I HOLD THIS DEFENDANT DIRECTLY RESPONSIBLE FOR THEIR OWN TORT?
NEGLIGENCE IN HIRING
GAVE KEYS TO DRUNK FRIEND
NEGLIGENT SUPERVISION

45
Q

VICARIOUS LIABILITY AUTO

A

AUTO OWNER AND AUTO DRIVER
EMPLOYEE EMPLOYER
INDEPENDENT CONTRACTOR

IN FLORIDA - PERMISSIVE USE WHERE YOU GIVE PERMISSION MEANS YOU CAN BE VICARIOUS LIABLE FOR DAMAGE
BUT THIS DOES NOT APPLY TO A CAR RENTAL COMPANY

46
Q

NUISANCE

A

TORT AND INJURY SUFFERED

47
Q

AMELIORATIVE WASTE

A

SOMETHING HAPPENED TO CHANGE CONDITIONS AND NOW THE ITEM IS RELATIVELY WORTHLESS.

THINK ABOUT BUILDING A DUMP NEXT DOOR TO YOUR HOUSE. NOW YOUR HOUSE IS WORTHLESS.

48
Q

SEISEN - TITLE OWNERSHIP

A

HOLDER IS A TAX PAYER

WHO OWNS THE PROPERTY AT ALL TIMES?

49
Q

T-TIP 4 UNITIES JOINT TENANCY

A 
T-TIP
TIME - VESTS AT SAME TIME
TITLE
INTEREST 
POSSESSION
50
Q

FEE SIMPLE DETERMINABLE

A

CONDITION ON FEE SIMPLE
ENDS AUTOMATICALLY IF TERMS NOT MET

YOU GET PROPERTY AS LONG AS NO ONE DRINKS ALCOHOL ON THE LAND…

Diane's Index Cards (3 decks)

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