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BLAW 310 > Exam 3 > Flashcards

Exam 3 Flashcards

1
Q

Amendment 13

A

Civil war amendment
- Abolished slavery

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2
Q

15th amendment

A

Civil war amendment
- Prohibits government from denying a citizens right to vote based on race
- Poll tax was instituted in the south as a reaction to this

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3
Q

20th Amendment

A
  • Presidential term begins January 20-Inauguration Day
  • Terms of Congress begin on January 3
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4
Q

Amendment 23

A

Washington D.C. given representation in Congress.(3 electoral votes) Some argue this is why D.C. cannot be a state

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5
Q

Amendment 24 (1964)

A

elimination of poll taxes (were being used against colored people in the south)
- big for civil rights movement (civil rights act passed same year)

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6
Q

Mcdonald’s case

A

They found the Liebeck at 20% fault
- She got 160,000 (80%) of her $200,000 in compensatory damages
- She got $2.7 million in punitive damages (trial court reduced this to $480,000)
- Mcdonalds lowered their coffee temperature from 185 degrees to 158.
- Liebeck had third degree burns on 6% of her body and was hospitalized for 8 days

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7
Q

Duty to Warn

A

Companies have the “duty to warn” as stated by ANSI (American National Standards Institute) of their products dangers
- Remaining hazards on a product must be addressed by a warning label

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8
Q

Safety alert symbols

A

Pictorial symbols established by ANSI. 3 kinds
- Danger
- Warning
- Caution
- Ex. lightning bolt is electrical danger

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9
Q

To be compensated for an injury or wrongdoing by the doer, the doer must have what

A

Money or insurance

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10
Q

Premium

A

monthly payment made to purchase an insurance policy and coverage. This payment buys you the coverage you decided on and pays for your defense attorney if you are sued for causing an accident.

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11
Q

Coverage

A

the maximum dollar amount of insurance that the policy will cover for a claim

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12
Q

Trucking companies

A

Always have high coverage for accidents because lots of people sue them when their drivers get in wrecks
- 18 wheelers and large trucks can cause more damage/injury

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13
Q

Nuclear verdicts

A

Large payments for lawsuits (typically trucking accidents).
- increase insurance costs and the cost of transporting goods

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14
Q

Comprehensive General Liability Insurance (CGL)

A

basic insurance all businesses have to protect from common claims against their company for negligence
- key question is “how much coverage do they have?”

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15
Q

Excess or “umbrella” coverage

A

Coverage that can cover what your CGL insurance doesn’t

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16
Q

Auto Insurance Liability Coverage

A

Amount of coverage you would have for an accident where you are liable/at fault

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17
Q

Basic auto liability coverage required in LA

A

15/30/25
- Any significant injury would exhaust this quickly
- $15,000 max coverage for injury of one person
- $30,000 max coverage of all persons injured
- $25,000 max coverage for property damage caused

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18
Q

Collision insurance

A

Covers repairing your car whether at fault or not
- Not included in Liability insurance

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19
Q

Comprehensive auto insurance

A

Covers theft, fire, cracks in windshield

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20
Q

Test question: In analyzing an auto liability policy with limits of 15/30/25

A

a. The 15 refers to how much the company will pay for any one person that is injured

b. The 25 means how much the insurance company will pay all persons that are injured

c. a and b above

Answer A–you are welcome!

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21
Q

Uninsured Motorist Coverage (UM insurance)

A

Helps you in a hit & run situation or if the other people don’t have money/insurance
- Make claim with own insurance through this so that they can’t raise their rates on you

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22
Q

Statistics show that 1 in 7 drivers have NO liability insurance coverage. Why?

A

Influx of migrants

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23
Q

Tortfeasor

A

The one being held liable
- also called defendant

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24
Q

remedy for another citizen violating their duty and harming another citizen

A

Money

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25
Q

Tort

A

civil wrong that causes harm to another person or their property.

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26
Q

What is protected in tort law?

A
  • Your physical safety
  • Real estate or personal property
  • Intangible Interests (privacy, reputation)
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27
Q

Two types of damages

A

Compensatory and Pinutive

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28
Q

Compensatory damages two types:

A

Special damages
and general damages

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29
Q

Special damages

A
  • Quantifiable, measurable and economic
  • Lost wages, future lost wages, medical expenses
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30
Q

General damages

A

Noneconomic
- Emotional pain, suffering, loss of consortium
- How much it costs that I can’t hold my mom anymore
- Loss of sexual relations

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31
Q

Pinutive damages

A

Punish a wrongdoing, so that others take note
- Glaring defect in businesses (Mcdonald’s coffee too hot)
- Hotels not doing anything about bed bugs
- Erin andrews hotel stalker settlement

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32
Q

Erin Andrews hotel stalker settlement

A

Found the guy 51% liable and the hotel 49% liable for letting the guy have the room next to her
- Damages reached $55 milllion in closed settlement
- Guy claimed bankruptcy so hotel had to pay all of it

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33
Q

Three types of civil damage actions

A
  • Personal injury suit
  • Survivor’s actions
    -Wrongful death suit
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34
Q

Personal injury suit

A

Client survives but is hurt

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35
Q

Survivor’s actions

A

Allows to collect money for pain that victim goes through before they die
- claimed by loved ones
- Ex. victim was burned badly for 48 hours before dying

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36
Q

Wrongful death suit

A

Kids and spouse making claim for their loss

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37
Q

Civil damage actions

A

tragic events

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38
Q

Tort reform

A

legislation need to deter frivolous lawsuits and reform state tort laws that are out of control
- Medical malpractice

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39
Q

Most common lawsuits for businesses

A

Slip and falls
- Has created more debt reform rules
- Makes companies get higher insurance policies to protect themselves

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40
Q

Negligence

A

Unintentional torts
- accidents

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41
Q

Someone suffers injury because of another’s failure to live up to a societal…

A

duty of care

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42
Q

Things that tort laws base themselves on when outside of specified laws

A
  • duty of care
  • Standard of care
  • reasonable person
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43
Q

Reasonable person

A

What would a reasonable person do in this situation?

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44
Q

Standard of care

A

duty of care + more because of certain situations
- situation that would raise more standard of care would be in NOLA during the super bowl: hotels and security will raise their standards of care

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45
Q

Tortfeasor’s conduct

A

Creates risk of injury to another

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46
Q

FOUR ELEMENTS OF NEGLIGENCE

A
  • Defendant owed a duty of care to a plaintiff
  • Defendant breached that duty
  • Defendant’s breach caused the plaintiff’s injury (PLUS proximate cause)
  • Plaintiff suffered a legally recognized injury
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47
Q

Proximate cause

A

the connection between the act and the injury strong enough to justify imposing liability

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48
Q

Duty of Care

A
  • People must exercise a reasonable amount of care with others
  • Failure to exercise to exercise duty of care as determined by reasonable person standard
49
Q

Failure to exercise to exercise duty of care as determined by reasonable person standard =

A

negligence

50
Q

Failure to exercise duty of care can be two things:

A
  • Act of commission
  • Act of omission
51
Q

Acts of commission examples

A

More intentional
- Setting a building on fire
- Running a red light

52
Q

Acts of omission

A

Less intentional
- Failure to warn of the danger
- Not putting a wet floor sign on a spill

53
Q

Duty to warn

A

Was the risk of injury foreseeable? If it was, then they had a duty to warn

54
Q

Society’s judgement on how people should act

A

Basis

55
Q

Duty to business invitees

A

Important because businesses is inviting society into their premises
- law requires businesses have to be reasonably safe, but can’t 100% guarantee they’ll always be safe

56
Q

Why can’t businesses guarantee 100% safety

A

Unforeseeable acts of outside of the businesses control can occur
- A car could drive into the building
- A meteor could hit the building

57
Q

Classic example of pervasive concept in BLAW

A

Slip and Fall in business premises

58
Q

Businesses have the duty to clean up spillings or atleast

A

put up a warning! slippery floor sign

59
Q

Duty to discover and remove hidden dangers

A

Public can’t see that on the second floor of your building, the floor is weak and could collapse. But, it’s your duty to fix it or at least address and warn of it

60
Q

OBGYN

A

Obstretican Gynecoligst doctors
- Female doctors

61
Q

Obvious risks not required to warn of

A
  • open door
  • Caved in area properly marked
62
Q

Duty of professionals

A

Held to higher standard b/c they have special knowledge and ability

63
Q

When professionals commit negligence in their profession

A

Malpractice

64
Q

Examples of malpractice

A

legal malpractice. medical malpractice, accounting malpractice

65
Q

If no injury or damage occurs

A

there can be no tort

66
Q

Causation

A

If there is a breach, this determines if liability is imposed
- What caused it?

67
Q

Two aspects of causation

A

Cause in fact and proximate cause

68
Q

Cause in fact

A

Would the accident have occurred but for the defendant’s act

69
Q

Proximate cause in question

A

IS the conncetion between the act and the injury strong enough to justify imposing liability
- Ex. caused house fire that burns chemical plant that spreads to river that flows to tourist town that kills fish in tourist town that kills tourism and th ehotels in the tourist town wanna sue? ehhhhhhhh

70
Q

Defense of negligence

A
  • assumption of risk
  • Superseding cause
  • Contributory/comparative negligence
71
Q

Assumption of risk

A

Plaintiff had knowledge of risk and voluntarily assumed the risk
- Ex. skiing at ski resort

72
Q

MLB rule

A

Assumption of risk falls on spectator when they buy the ticket
- But some lawyers got a lawsuit succesful by saying the nets should be higher than they are

73
Q

Superseding cause

A

Stretching the consequences of an act beyond what was reasonably forseeable

74
Q

Superceding cause Example

A

Knock juliee off bike, while on ground a ball hits her in the head gives her a concussion
- Can claim superceding cause to not pay for the ball hitting her head giving her the concussino

75
Q

Special negligence

A

Laws passed by states address certain special circumstances

76
Q

Res Ipsa Loquitor

A

Facts speak for themselves
- Doesn’t have to prove negligence because its so obvioous

77
Q

Negligence per se

A

Violation of a statute

78
Q

Statute

A

Ex. Don’t go through a redlight

79
Q

Good samaritan statutes

A

If you try to give someone CPR who is dying, without medical certification, you cannot be held liable for negligence

80
Q

Dram

A

Shot of wiskey

81
Q

Dram Shop Acts

A

Acts that try to pin liability on bar owners for serving people they shouldn’t
- Rarely ever used in LA

82
Q

Contributory negligence

A

Plaintiff also negligent
- used to mean plaintiff cannot recover at all
- now most states have something called comparative negligence

83
Q

Comparative negligence

A

Giving a % of fault to the plaintiff and defendant

84
Q

Pure Comparative negligence

A

Plaintiff recovers something even if his fault is greater than the defendant
- Ex. drunk driver hits guy but claims that the other guy was textin while driving, the drunk’s sentence will be reduced by x%

85
Q

Sttrict liabilty-liability without fault

A

some activites are dangerous, so it doesn’t matter what precautions you take, if damages occur, you will be held liable
- Ex. “blasting” or owning dangerous animals like a pitbull

86
Q

In products liability, manufactureers are often held liable because of

A

INadequate warnings

87
Q

PRoving defective condition

A

just have to prove that it was defective or unreasonably dangerous at the time it left the manufacturers

88
Q

Other defects include

A

Manufacturin defect and design defect

89
Q

Inadequate warnings

A

proven if
- risks of harm could’ve been reduced byb warnings
- AND the omission of the instructions/warnings render the product safe, when it’s not

90
Q

Mesothelioma

A

Rare and dangerous types of cancer
- I guess people have gotten them from defective products?

91
Q

Who does product liability apply to?

A

Manufacturers, Sellers, and stores

92
Q

who is the manufacterer of the product liable to?

A

Consumers, users or bystanders

93
Q

Punitive damages can occur on product liability IF

A

they knew of the defect and did not take corrective action or warn the public

94
Q

Tylenol seal case

A

tylenol didn’t have seals, guy put fent in a bunch of tylenol in walgreens
- killed a bunch of people
- Tylenol added the seal and a WARNING to not take if seal was broken
- Standard of care was raised

95
Q

Statute of limitations

A

Time limits to file a suit can vary b/c it is suspended until party discovers it

96
Q

Defenses to product liability

A
  • Assumption of risk
  • Product misuses
  • Comparative negligence
  • Commonly known dangers (knives, guns)
97
Q

A lawyers standard rate on contract is x% of the settlement

A

40%

98
Q

A personal injury award is

A

TAX FREE

99
Q

Who pays for court fees if a lawsuit geos to trial

A

Plaintiff

100
Q

If settlement occurs in private or before trial

A

The details outside of the amount of the settlment are confidential
- “I didn’t do anything wrong, but here’s 250k”

101
Q

Creditor/Obligee/Mortgagee

A

Party that is owed money

102
Q

Debtor/Obligor/Mortgager

A

Party who owes money

103
Q

Creditor’s main concern is the

A

Debtor’s default (failure to pay as promised on a promissory note)

104
Q

In event of debtor’s default

A

creditor will pursue legal remedies

105
Q

“Underwater”

A

When a debtor owes moe on his house mortgage than the house/property is worth itself

106
Q

“Upside Down”

A

When a debtor owes more on his vehicle than the vehicle is worth
- Car dealers will lend you money for up to 84 months (7 yrs)

107
Q

Liens

A

to secure repayment of indebtedness
- Collateral, as like a secuirty interst for creditors
- filed at courthouse

108
Q

Lien gives waht to creditor over debtor

A

Position over property that the lien is placed on

109
Q

If debtor default’s and his lien collateral wa his mortgage, what happens?

A

the creditor gets the house

110
Q

Mechanic’s Lien

A

protects a person who provides labor or materials for improvements on real estate
- if they are not paid for supplies or work, they have this lien
- non-possessory lien

111
Q

Artisan’s lien

A
  • Possessory lien
    Creditor keeps the repaired vehicle or diamond ring as collateral until bill is paid
112
Q

Judicial lien

A

When results form court have someone pay and they can’t, JUDGEMENT recognizes that they still owe them that money
once the debtor acquires something, that falls under that judgement

113
Q

Execuution and seizure and sale

A

Court order directing sherriff to seize and sell debtor’s property to satisy debt

114
Q

Garnishment

A

Creditors collects debt by hands of a third person
- Creditor can contact debtor’s employer and GARNISH 25% of net weekly wages to collect money to apply to their debt

115
Q

Suretyship

A

Where creditors requires co-signer who is jointly liable with debtor.
- Co-signer is liable whtether the debtor deefaults or not

116
Q

Guaranty

A

Guarantor will be liable to debtor’s debt if the debtor defaults

117
Q

Mortgagor

A

Part who grants the mortage (debtor)

118
Q

Mortgagee

A

Party in whose favor mortage is granted (creditor)

119
Q

IN the case of mortgage foreclosure, due process requires

A

that the homeowner receives notice

BLAW 310 (4 decks)

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