MLS Test 3 Flashcards
Tort vs Contract Remedy
compensate the injured party for any losses suffered vs give the injured person the benefit of the bargain
three types of torts
intentional, negligence, strict liability
an intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact
assult
an intentional act that creates a harmful or offensive physical contact
battery
if a person directs a tortious action towards A but instead harms B, the intent to hurt A is transferred to B
transferred intent
an intentional act that caused confinement or restraint through force or the threat of force
false imprisonment
the publication of false statements that harms a person reputation
defamation
making a defamatory remarks either knowing that materials was false or acting with reckless disregard as to whether or not it was true
malice
failure to act as a reasonably prudent and careful person is expected to act in similar circumstances
negligence
being legally responsible for consequences flowing from an activity even in the absence of fault
strict tort liability
obtain a marriage license and then exchange vows before either a recognized member of the clergy or a judge with witnesses
solemnized
marriage that has not beeen solemnized but the couple has mutually agreed to enter into a repationship in which they accept all the duties and resp that correspond to those of marriage
common law
requirements of marriage
must be 18, not closely related, but of sound mind
a marriage that was valid when it was entered into and remians valid unitl either party obtains a court to dissolve it
voidable marriage
divorce
a marriage that is invalid from its inception and it does not require court action for the parties to be free of any marital obligaiton
void marriage
underage, bigamy
divorce proceedings
file petition/complaint and summons serve defendant discovery mediaiton settlement agreement trial
gives parents authority to make legal decisions for child
legal custody
tells where child primarily resides and gives that parent authority to make day decisions for the child
physical custody
one child each or where one parent has physical custody during school year and other has physical custody during summer
split or divided custody
crimes to property
arson burglary forgery receiving stolen property shoplifting traspass
crimes to public health
alcohol child porn disorderly conduct drug offenses obscenity prostitution
crimes to governmental functions
bribery, perjury, treason
D not able to form the requisite mens reas due to intoxication
intoxication defences
force or a threat of force was used to cause a person to commit a criminal act
defense of duress
D was forced to take an action to avoid a greater harm
defense of necessity
D would not have commited the crime but for police trickery
entrapment defense
not guilty due to insanity b/c could not understand whether the act was right or wrong
mnaghten
not guilty due to insanity b/c mental disease robbed them of ability to control conduct
irresistible impluse
not guilty due to insanity if lacked either ability to understand that act was wrong or no ability to control the behavior
substantial capacity
evidence that suggests D is guilty
inculpatory evidence
evidence that suggests D is innocent
exculpatory evidence
evidence obtained in violation of an individuals constitutional rights so it cannot be used
exclusionary rule
business incorporated in one state but do business in another state
foreign corporation
business formed in another county
alien corporation
business in corp in the state they do business
domestic corporation
position of trust and are responsible for acting in the best interest of stockholders
fiduciary relationship
advantages of sole propietorship
simple to form maintain control profits and losses treated as personal ordinary personal tax minimum paperwork
disadvantages of sole propietorship
unlimited liability
limited resources
personal assets can be taken to satisfy debt
terminates upon death
advantages of partnership
pooling of resources
no formal organ structure
disadv of partnership
unlimited liability of both partners personal assets can be taken only taxed once difficult to transfer terminates upon death
limited partnership advant
limited liability
single taxation
disadvant of limited partnership
file certificate of organ
pay annual fee
advant of corporation
separate legal entity
perpetual life
easy to transfer
risk of loss limited to capital invested
disadvant of corporaiton
double taxation
filing documents
payment of annual fees
