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BLAW > Exam 2 > Flashcards

Exam 2 Flashcards

1
Q

Tort

A

Intentional
Negligent
Strict liability
Product liability

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2
Q

Burden of proof Civil

A

About more than 50% reasonable doubt

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3
Q

Burden of proof criminal

A

Beyond a reasonable doubt

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4
Q

Assault

A

Intentional
Conduct
Produces fear
Fear
immediate harm
Produces injury

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5
Q

Battery

A

Intent
Act
Harmful
Injury

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6
Q

3 defenses against assault and battery

A

Consent
Justification
Legal excuse

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7
Q

Conversion

A

Theft - civil

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8
Q

Defamation

A

Intentional act resulting in injury usually mental

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9
Q

Defense against Defamation

A

Truth
1at amendment
Conditional privileges

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10
Q

Conditional privileges defense

A

“Seeking truth”

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11
Q

Invasion of privacy

A

Unreasonable intrusion into the seclusion of other
Appropriation of likeness of other
Casting another in a false light
Public disclosure of private info

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12
Q

Nuisance

A

Intentional act of unreasonable interference with another’s use of real property

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13
Q

5 business tort

A

Interference with contractual/business relationship
Fraud
Disparagement
Appropriation

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14
Q

Disparagement

A

Defamation of a company/product

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15
Q

Elements to sue

A

A duty
Trachea
Cause
Damage

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16
Q

Legal duty to help with these criteria

A

License/certificate
Cause the person to be in peril
Special relationship

17
Q

Cause in fact

A

But for test

18
Q

Proximate cause

A

Legal

19
Q

4 comps of damage

A

Medical bills
Property damage
Pain and suffering
Loss of wages

20
Q

Discovery

A

Second step - Avoid surprised and preserve testomonies

21
Q

Motion for summary judgement

A

no genuine issue of facts so Court can decide case
before trial based on agreed facts and affidavits instead of a full trial

22
Q

Motion in limine

A

motion to limit, keeps out irrelevant/prejudicial facts

23
Q

Pre-Trial

A

3rd step

24
Q

Burden of proof in a civil case

A

“by a preponderance of the evidence” (majority)

25
Q

Motion for Directed verdict

A

final binding determination on the merits of the case
made by the judge before the jury renders a verdict

26
Q

Reverse and remand

A

overturn and send back to trial court

27
Q

Reverse and render

A

–overturn and substitute new judgment

28
Q

Appeal

A

5th step

29
Q

Pleading

A

1st step

30
Q

Voir dire

A

: an examination by the attorneys of the potential jurors

31
Q

5 activities of Strict Liability

A

Wild animals
explosives
impounding water
pesticides

BLAW (4 decks)

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