lec 2 Flashcards

1
Q

what is a counter claim (not tested)

A

its your response to a civil claim and your action against the party that is suing you

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2
Q

what are the three alternatives to litigation

A

negotiation, mediation and arbitration

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3
Q

what is the process of negotation

A
  • can be done with a lawyer, another part or yourself
  • requires cooperation from both parties
  • the wanted end outcome is a legally binding agreement that both parties sign
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4
Q

what is the process of mediation

A
  • this happens when both parties are unable to reach a agreement
  • you get a mediator that is agreeded by both parties and they will make a settlement
  • think about how in hte lecture he said they have eachother in sperate rooms and the one guy heres both and tries to prvoide a soluton
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5
Q

what is the process of arbitation

A

both parties get someone to make the decision for them
- usually used in business agreements

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6
Q

what is the percentage split between intentional and non intentional torts

A

10% is intentional and the rest is non intentional

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7
Q

what is a tort

A

a social wrong taht “hurts” / causes damages to another party

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8
Q

what is the end goal of a torts lawsuit

A

to make the affected party “whole” (competnsate)

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9
Q

intentional torts

A

usually when its intentional its criminal

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10
Q

whats actus reus

A

evil act

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11
Q

whats men rea

A

evil intention

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12
Q

what is the combination of actus reus and mens rea

A

a crime

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13
Q

what are the 4 points of serving a sentance

A
  • give that person a penalty for what they did
  • general deterrence (stop others from doing the same crime0
  • specific deterrence (stop that person from repeating)
  • retribution
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14
Q

will sentencing make the victim whole

A

no they would need to sue and have a civil case to be whole

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15
Q

does being guilty in one court mean your guilty in the other (civil and criminal)

A

no because the burden of proof is not that same, criminal need 95% while civil needs above 50, think oj

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16
Q

what are the three remides of civil cases

A

special damages, general damages, punative damages

17
Q

general damages

A

lifestyle things that arent quantifiable, value is usually based off past cases

18
Q

what is special damages

A
  • this is quanitfiable and is usually stuff like work
19
Q

what are punative damages

A

to punish

20
Q

what is vicarious liability

A

indirect liability (workers employees)

21
Q

what are the two things considered as trespass to a person

A

assault and battery

22
Q

what is assault

A

its the threat of comitting battery

23
Q

what is battery

A

when you follow through with the assult and touch a person without consent

24
Q

battery in sports

A

as long as it doesnt exceed normal amounts its fine ( moore v bertuzzi)

25
Q

what is a chattle

A

a movable property

26
Q

what is conversion

A

stealing something making it your own and then selling it

27
Q

what is detinue

A

when you keep a property from longer then allowed

28
Q

whats private nuisance

A

when you interfere with someones enjoyment of property

29
Q

whats public nuisance

A

when you interfere with others enjoyment and use of public property

30
Q

whats defamation

A

making a false statement about someone that is detremental

31
Q

what are the 4 defences to being accused of defamation

A
  1. the truth
  2. abosulte privalage
  3. qualified privlage
  4. fair comment
32
Q

what are the 5 defences to defamation

A
  1. the truth
  2. abosulte privalage
  3. qualified privlage
  4. fair comment
33
Q

what is considered negligence

A

carelessness that is unintentional

34
Q

what are the 4 things that you need to prove to sue for negligence

A
  1. a duty to exersize care
  2. breach of standard of care
  3. cuasation
  4. damages
35
Q

what is misfeasance

A

an act that causes harm to another

36
Q

what is nonfeasance

A

a failure to prevent injury

37
Q

what is a tort

A

a socially wrong act that causes harm or injury to someone