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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.
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2
Q

SOF - ANSWER FOR DEBT OF ANOTHER

A

ONLY RESPONSIBLE IF THAT PERSON DOES NOT PAY

LOOK FOR A GUARANTEE OF SOME SORT

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3
Q

1 YEAR LEASES

A

ARE NOT IN SOF

ACTUALLY LEASES FOR 1 YEAR OR LESS

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4
Q

LONG ARM STATUTE

NON RESIDENT MOTORIST ACT

A

OWNS OR OPERATES VEHICLE IN FL

ACCIDENT OR COLLISION IN FLORIDA

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5
Q

DUCES TECUM - BRING DOCS AND THINGS

A

SUBPOENA NON-PARTY

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6
Q

COUNTERCLAIM VS CROSSCLAIM

A

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

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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

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8
Q

ADJUDIATED CASES

A

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

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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

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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.

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11
Q

IMPLEADER

A

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

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12
Q

TORTS ZONE OF DANGER

A

ASK…HOW THE HELL DID THAT HAPPEN?

WERE THEY OUTSIDE THE ZONE?

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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

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14
Q

SPECIAL DUTY OF CARE

A

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

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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.

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16
Q

FLORID DISTINCTION RELATED TO MED MAL

A

THERE WERE DAMAGE CAPS BUT THEY WERE VOID AFTER 2014

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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

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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
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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
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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

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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
FRAGILE CLASS IN TORTS
CHILDREN, YOUNG KIDS ELDERLY PREGNANT WOMEN, BUT THEY MUST KNOW THEY ARE PREGNANT
26
DEFENSES TO DEFAMATION
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
QUALIFIED PRIVILEGE (REFERENCES)
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
TRESPASS TO CHATTELS - SMALL HARM
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
ESPRESS CONSENT...HI, COME ON IN...
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
PROTECTIVE PRIVILEGE
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
AMOUNT OF FORCE YOU CAN USE
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
HOME INVASION IN FLORIDA
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
DEFAMATION DEFINED
DEF MAKES A DEFAMATORY STATEMENT THAT SPECIFICALLY IDENTIFIES THE PLAINTIFF STATEMENT IS PUBLISHED BY THE DEF. THERE ARE DAMAGES
34
LIBEL VS SLANDER
LIBEL IS MEMORIALIZED, WHICH IS WRITTEN, EMAILED, FILMED, PERMANENT IN SOME WAY SLANDER IS THE SPOKEN WORD...
35
SLANDER PER SE - SPOKEN STATEMENT
PRESUME DAMAGES 1. BUSINESS OR PROFESSION 2. COMMITTED A CRIME 3. CHASTITY FOR WOMEN 4. P SUFFERS FROM A LOATHSOME DISEASE
36
PUBLIC CONCERN DEFAMATION
``` 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
TRESPASS TO LAND
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
MIMIC
``` MOTIVE INTENT MISTAKE IDENTITY COMMON/PLAN SCHEME ```
39
LANDLORD TENANT
LOOK AT RULES ON NOTICE AND TERMINATION
40
WHAT ARE GOODS
CONSUMER GOODS EQUIPMENT FARM PRODUCTS INVENTORY
41
DOG BITES - STRICT LIABILITY
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
STRICT LIABILITY - ABNORMALLY DANGEROUS ACTIVITY | THIS IS A TEST
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
STRICT LIABILITY - DANGEROUS DEFECTIVE PRODUCTS
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
VICARIOUS LIABILITY - LAST RESORT
CAN I HOLD THIS DEFENDANT DIRECTLY RESPONSIBLE FOR THEIR OWN TORT? NEGLIGENCE IN HIRING GAVE KEYS TO DRUNK FRIEND NEGLIGENT SUPERVISION
45
VICARIOUS LIABILITY AUTO
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
NUISANCE
TORT AND INJURY SUFFERED
47
AMELIORATIVE WASTE
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
SEISEN - TITLE OWNERSHIP
HOLDER IS A TAX PAYER | WHO OWNS THE PROPERTY AT ALL TIMES?
49
T-TIP 4 UNITIES JOINT TENANCY
``` T-TIP TIME - VESTS AT SAME TIME TITLE INTEREST POSSESSION ```
50
FEE SIMPLE DETERMINABLE
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)

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