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IHUM 201 > TEst 1 > Flashcards

TEst 1 Flashcards

1
Q

Jurisdiction

A 
STATE OR FED?
1 - Fed issue? Can choose
2 - Diversity of Citizen and $75k
WHICH STATE?
Plaintiff - No matter
Defend - min contact (consent to juris. by contract, prop in state)
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2
Q

Stare Decisis

A

“To stand by the decision”
Adhering or readopting precedent from SUPERIOR courts
Maintains consistency and stable

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3
Q

Civil vs. Criminal

A

Parties: Plaintiff Indiv / State
Proof: Prep of Evid / Beyond Reasonable Doubt
Purpose: Compensate / Punish or Sanction
Torts / Crimes
Source: Statutes and Common Law / Statutes
Jury Decision: Fed Unan/Unan
State: Varies from Unan to Maj / Unan

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4
Q

Summary Judgment

A

“So What” motion, usually during discovery. Undisputed facts, plus any disputed facts in other party’s favor, So what, they’ll still lose.

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5
Q

Arbitration vs. Litigation

A

Neutral 3rd person renders decision - less formal, fewer rules. MORE SPECIALIZED, PRIVATE, costly, common in commercial contracts and labor mgmt disputes

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6
Q

Intent

A

Did you intend the actions that then constitute a tort NOT did you intend the tort!

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7
Q

Battery Elements

A

Intentional infliction of
harmful
OR offensive bodily contact.

Offensive:
“Reasonable person’s sense of dignity.” Objective Test!

Indirect (canes, setting traps) Still a Battery

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8
Q

Assault Elements

A

-Intentional conduct of one person directed to another that places the other in APPREHENSION of IMMINENT bodily harm or offensive conduct

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9
Q

Apprehension

A

Plaintiff must have “knowledge of danger” at the TIME

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10
Q

Self Defense

A

Use when assault (threat of immediate bodily harm)
Match level of force - if you elevate, you’ll batter.
You can you deadly force if you think it matches

Initial aggressor cannot use privilege

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11
Q

Self Defense if you can avoid the attack?

Attacker in house?

A

If it’s reasonable to safely avoid, generally you must try unless Stand your Ground State.

Typically don’t have to avoid, Castle State Statutes

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12
Q

False Imp / False arrest

A

Intentionally and unlawfully confining a person against his/her will within fixed boundaries, and
the person is conscious of the confinement or harmed by it. - Person does NOT reasonably believe they are free to leave or Property hostage
Shoplifting Statutes: reasonable grounds, manner, and time

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13
Q

IIED Elements

A

When a person by extreme and outrageous conduct

intentionally or recklessly causes severe emotional distress to another.

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14
Q

IIED More Details

A

Extreme and Outrageous
“Beyond the bounds of human decency”
“Intolerable in a civilized community”

Intentional OR RECKLESS:
Reckless: Know there is a risk for ED and fail to take precautions to eliminate risk where precautious were slight.

Severe Emotional Distress: Objective and Subjective
Plaintiff suffered severe Severe ED AND
Reasonable person would have suffered Severe ED

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15
Q

Defamation Elements

A
  • Factual
  • Untrue
  • Published (tell someone)
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16
Q

Defamation Per Se

A

so bad that even if 3rd party doesn’t believe it, plaintiff can sue for damages.
1-Crime of Moral Turptude (Dishonesty/deceit)
2 - Could affect bus or prof.

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17
Q

Invasion of Privacy Torts

A
  • Appropriation - use ID to make a profit (adverts)
  • Intrusion - SNOOPING, looking into any private matter without the right
  • Pub Discl of Private Facts - publicizing (10). can be true, but private and offensive to be shared
  • False light - take out of context, photo under misleading headline - publicized
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18
Q

Real Property Torts

A

Trespass - intentional physical invasion of a person’s prop. You, or thing enters or remains, failure to remove thing that you’re under duty to remove
Nuisance - SUBSTANTIAL (obj test) and UNREASONABLE (balance int test) interference or disturbance w/ another’s real prop - Noise, fumes

19
Q

Personal Prop torts

A

Trespass to Pers Prop (Chattels) -1) Intentional disposing or unauth use of
2)Pers prop of another
Conversion - Bad Trespass to Chattels - Take control of prop as if it’s your own to a point you should buy it -Damages are FMV at time of conversion

20
Q

Trespass Defenses

A
  • Legal Privilege
  • Consent (Express and implied, revocable)
  • Necessity - Emergency or to protect from threatened injury to person
21
Q

Negligence

A

Def. didn’t intend a certain act, but didn’t act with correct care
-Also includes lack of actions where a duty to act exists

22
Q

Elements of Negligence

A

-Duty of Care (Law)
-Breach of Duty (Fact): Failure to act as Reasonable Person
-Cause (Fact): Factual - Actual Cause or Proximate - foreseeable cause
Harm - Injury to pers or prop

23
Q

Duty of Care Breach - RP Modifications

A

Phys Dis: Yes, modified
Mental Dis: No
Superior Knowledge or Skill: Yes when negligent act pertains to skill. “Reasonable Pro Std” (Pro Malprac)

24
Q

General Rule of Duty to Act

A

You do not have a duty to exercise reasonable care when a person or prop is at risk for reasons OTHER than you

Colee’s Basic: Innocent act creates harm…duty to act

25
Q

Duty to Act - Exceptions

A

Common carrier with its passengers
A business open to the public with its customers
An innkeeper with its guest
An employer with its employees
A school with its students
A landlord with its tenants
Custodian while minor is under the custody, including parents with heir children.

26
Q

Good Samaritan Statutes

A

Exc. to Duty to Act
Generally cannot leave a person in a worse condition, but with this Statute, you’re only liable if grossly negligent or not acting in good faith

27
Q

Duty as a Possessor of Land

A

Balance of right to use your land for your own benefit and enjoyment vs DUTY to keep land free of use that creates unreasonable harm to 3rd parties

Trespasser - NO DUTY, refrain from traps
Licensee - Limited license to private prop (houseguests) - DUTY to warn of known issues
Invitee - Open invite to public business DUTY to protect know or should have discovered (Hardee’s)

28
Q

Duties to Licensee vs Invitee

A

Warn / Protect

(Should) Know / (Should) Discover

29
Q

Causation - Factual Cause

A

But For Test OR
If Colee had not committed the negligent act, would class still have been harmed?
Yes - Not factual cause
No - Factual cause

Can be difficult to determine with multiple causes - sue all parties with causes

30
Q

Causation – Proximate Cause

A

FORESEEABILITY - danger zone

Liable if general harm and plaintiff was reasonably foreseeable at time of actq

31
Q

Eggshell plaintiff

A

If harm is covered, Defendent must pay for all damages ( or the allotted percent)

32
Q

Harm

A

Must have INJURY to person to prop - One exc. is NIED

33
Q

Defenses to Negligence

A

Analyze P and D

  • Contributory - if P contributed to any of damage (was at all neg.), gets nothing from D
  • Comparative, Pure - Straight percentage of fault
  • Comparative, Mod. - if P more than 50% at fault, none, but if less, straight %
34
Q

Negligence - Assumption of risk

A

Express - Verbal or written assumption of risk, typically a contract - Validity LIMITED

Implied - Not valid, just use contributory neg theories

35
Q

Product Liability Negligence - Who’s liable?

A

The person who created the defect, incorrectly test, etc. Have to show fault - difficult.

36
Q

Product Liability Misrepresentation

A

P - those who relied on the misrep

Not often used, disclaimers and warnings on products

37
Q

Product Strict Liability

A 
Where: Cal, most have adopted the theory
Differs from neg b/c it doesn't require fault
Limits: 
-D has to be a Merchant
-Products, not services
MUST SHOW
-Defect
-Defect had to exist when it left def's cuustodianship
38
Q

Product Strict Liability - Chain of Dist

A

Who’s liable? Everyone in CoD that passed defective product on to the next party
Who can sue? Purchaser, lesse, user. ANYONE HARMED BY PRODUCT

39
Q

Product Strict Liability Defects

A
  • Defect in Manufacture (Assembly and testing)
  • Defect in Design (Test - Risk-Utility Analysis and cost of Safer Alternative, Consumer expectation test)
  • Failure to Warn - Inherent danger that’s NOT commonly known AND no safer alternative - so WARN
  • Defect in Packaging
40
Q

Defenses to Product Strict Liability

A
  • Generally known danger
  • Abnormal misuse of product
  • Supervening event (altered)
  • Statute of Limitations (starts when injured by product)
  • Statute of Repose (start when product sold to buyer)
41
Q

Corporate Criminal Law

A
  • Fined if charged
  • Failure to perform specific duty imposed by law
  • Authorized, request, commanded, by supervisors (failure to supervise appropriately, even if did not know(
42
Q

White collar crime:

A person threatens to expose a corporate executive’s past evidence of infidelity unless paid money.

A

Extortion/Blackmail

43
Q

White Collar crime:
A corporate accountant sets up a “dummy corporation,”issues invoices from the dummy corporation to her employer and then issues payment checks from her employer to the dummy corporation.

A

Embezzlement

44
Q

White Collar Crime:
I start a restaurant and use the restaurant’s books to hide the money I’m really generating from an illegal gambling ring.

A

Money Laundering

IHUM 201 (3 decks)

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