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Business Law and Ethics > Exam 2 > Flashcards

Exam 2 Flashcards

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1
Q

What are the aspects of Negligence?

A

Duty of Care, Breach of Duty, Causation

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2
Q

What is Duty of Care?

A

The obligation people owe each other not to cause any unreasonable harm or risk of harm

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3
Q

Breach of Duty

A

A failure to exercise care or to act as a reasonable person would act

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4
Q

Under Causation, what is Actual cause

A

“but for” test. But for the defendant’s conduct, would the accident have happened?

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5
Q

Proximate cause

A

A point along the chain of events after which the negligent party is no longer legally responsible.

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6
Q

What is Palsgraf v. The Long Island Railroad Company

A

explosive package at railroad station. Was unforeseeable so the railroad got off.

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7
Q

What happened in liebeck v. McDonalds

A

Old lady spills coffee, receives 3rd degree burns, Mcdonalds gets sued for negligence, they settle for $600,000.

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8
Q

Negligence per se

A
  1. Statute existed
  2. the statute was enacted to prevent the type of injury suffered
  3. The plaintiff was within the class of persons meant to be protected by the statute
    A. School zone, If a child gets hurt by a speeding vehicle
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9
Q

Res Ipsa Loquitur “The thing speaks for itself”

A
  1. The defendant had exclusive control of the instrumentality or situation
  2. The injury would not have ordinarily occurred but for someone’s negligence.
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10
Q

Good Samaritan Laws

A
  1. Statute that relieves a good samaritan for ordinary negligence when they stop and render aid to victims in emergency situations.
    A. Relieved from ordinary negligence, NOT Gross negligence or reckless or intentional conduct
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11
Q

Vicarious Liability

A

An employer can be liable for employees, parents for children etc.

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12
Q

Post remedial measures

A

Prohibits evidence of post remedial measures from being presented to the jury. Making changes so more people don’t get hurt.

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13
Q

Assumption of risk

A

Defense assumes that plaintiff had knowledge of the risk and voluntarily assumed the risk

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14
Q

Pure comparative fault

A

means a plaintiff can recover even if they are more than 50 percent liable for their injuries

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15
Q

Civil assault

A
  1. An act by defendant creating a reasonable apprehension in plaintiff
  2. of immediate harmful or offensive contact to plaintiff’s person
  3. Intent
  4. Causation
    Act not seen you can hit them and it still be assault if they don’t see it coming
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16
Q

Civil Battery

A
  1. an unauthorized
  2. Harmful or offensive physical contact with another person
  3. That causes injury
17
Q

False Imprisonment

A
  1. The intention confinement or restraint of another person
  2. Without authority or justification
  3. Without the persons consent
18
Q

What is the one exception to false imprisonment

A

Shopkeepers privilege

19
Q

Defamation

A
  1. made an untrue statement of facts

2. the statement was accidentally or intentionally publisehd

20
Q

When defamation is in written form its called?

A

Libel

21
Q

When the defamation is orally stated what is it called?

A

Slander

22
Q

What is the ultimate defense of defamation?

A

The truth

23
Q

Chain of distribution

A
  1. All in the chain are liable
  2. all manufactures, distributors etc.
  3. plaintiff can recover from all of thee above
24
Q

Statute of Repose

A

A statute that limits the sellers liability to a certain number of years.

25
Q

Search and Seizure

A

I have a legitimate right to privacy

Garbage on the street I do not have privacy to.

26
Q

What is probable cause?

A

specific and articulable facts that would lead a reasonable person to believe that a crime has been or is about to be committed

27
Q

Reasonable suspicion

A

Specific and articulable facts that would lead a reasonable police officer to believe that a crime has been or is about to be committed (Can search the immediate grab area)

28
Q

what are the 10 rules for a warrantless search

A
  1. Consent
  2. search incident to arrest
  3. plain view
  4. Plain feel
  5. abandon property
  6. inventory search
  7. emergency/safety
  8. Hot pursuit
  9. Destruction of evidence
  10. Exigent circumstances
29
Q

Exclusionary rule?

A

Evidence obtained in violation of the fourth amendment , and any fruit of that evidence ( fruit of the poisonous tree) is inadmissible at trial

30
Q

Privilege against Self-Incrimination

A

I plead the fifth

31
Q

Miranda Rights

A

a suspect must be informed of their rights

32
Q

Attorney-client privilege

A

attorneys can’t tell anything that their client has said in private

33
Q

What is the exception to the Attorney client privilege?

A

Future crimes

34
Q

What is the spousal privilege

A

Spouses do not have to testify in a court of law. does not count for divorcees

35
Q

Double jeopardy

A

I cannot be tried twice for the same crime.

36
Q

Mens Rea

A

Mental state, evil mind, guilty mind, criminal intent

37
Q

Actus reus

A

The guilty act

Business Law and Ethics (2 decks)

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