4575146
| Question | Answer |
| Criminal Law | Behavior classified as dangerous to society; prosecuted by the government whether the victim wants to prosecute or not; money award goes to government |
| Contract law | based on breach of agreement between the two parties; victim sues and receives compensation or restitution |
| Tort Law | violation of duty based on civil law. based on an obligation imposed by the law with no agreement needed between parties. Victim sues and receives composition or restitution |
| Intentional Torts | does not necessarily require an intention to harm the victim, only an intention to perform the act which caused the injury. Includes business Torts. |
| Negligence | Careless but capable. Careless meaning you didn't mean to do the action but you didn't check to see if it was safe |
| Strict Liability | Liable regardless of state of mind. Hold you liable of any harm regardless whether you intended to or not |
| Defamation | Involves a Defamatory statement that is false, uttered to a third person, and causes injury. opinion and privilege are valid defenses. |
| Four facts to win a defamation case | 1. Defamatory statement 2. Falsity: statement is false 3. communicated: statement was communicated to someone other than the plaintiff 4. injury: the slander cases, the plaintiff must show injury that resulted from defamation |
| Slander per se | Some statements are so harsh and potentially damaging that the plaintiff is assumed to be damaged and does not have to prove injury. |
| False imprisonment | the restraint of someone against their will and without reasonable cause |
| shopkeepers privilege | A store may detain a person suspected of shoplifting if there is reasonable bias for the charge and the detention is done reasonably. (private & for a reasonable time) |
| IIED / Intentional infliction emotional distress | Meaning to cause harm. |
| Assault | is an intentional action that causes the victim to fear an imminent battery |
| Battery | Is an intentional touching of another person in a way that is unwanted or offensive |
| Trespass | intentionally entering land that belongs to someone else or remaining after being asked to leave |
| Conversion | Taking/using someones property w/o consent (civil law version of theft) |
| Fraud | Injuring another person by deliberate deception (heightened pleading standard) |
| Wrongful death | improper killing of another |
| Compensatory Damages | money intended to restore a plaintiff to the position she was in before the injury |
| Punitive damages | Damages intended to punish the defendant for conduct that is extreme or outrageous |
| Compensatory Damages include | medical bills (past and future, including rehabilitation) damages to property pain and suffering (past and future) |
| Business Torts | intentional torts that occur almost exclusively in a business setting are called business torts |
| Lanham Act | broad protection against false statements intended to hurt another's business. |
| Tort | A violation of a duty imposed by the civil law |
| malice | public personalities can win a defamation suit only by proving actual malice |
| Damages | compensatory damages are the normal remedy in a tort case. in unusual cases the court may award punitive damages, not to compensate the plaintiff but to punish the defendant |
| Tortious interference | With business relation involves the defendant hearing an existing contract or prospective relationship that has a definite expectation of success |
| Lanham Act | the Lanham act prohibits false statements in commercial advertising or promotion |
| Emotional Distress | the intentional infliction of emotional distress involves extreme and outrageous conduct that causes serious emotional harm |
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