The flashcards below were created by user
on FreezingBlue Flashcards.
Injury to person/property for which compensation is rewarded. $$$
3 types of torts
- Strict Liability
Taking action or not taking action in a manor that a reasonable person would do or not do.
Necessary relationship between a breech of duty and claimed damages
Elements of Negligence
- 1. Duty
- 2. Breach
- 3. Proximate Cause
- 4. Damages
Negligence per se
Violation of a particular statute a state has put in place.
Res Ipsa Loquitur
"the thing speaks for it's self"
- Inherently dangerous activities
- Wild animals
Don't have to prove anything, auto. wrong.
- False Imprisonment
- Emotional Distress
- 1. Intent
- 2. act
- 3. Apprehension
- 4. Causation
- 1. Intent
- 2. No Consent
- 3. Contact
- 4. Injury
- 1. Act
- 2. Intent to confine
- 3. Causation
- 4. harmed or conscious of the confinment
Libel - written communication,to a third party, causing injury.
Slander- oral communication, to t third party, causing injury.
- 1. act must be severe or outrageous
- 2. Intent
- 3. Causation extreme emotional distress
"let the master answer"
a superior may be held responsible for injuries caused by it's employee.
effort to reach a compromise between employers and employees.
- Contributory Negligence
- Comparative Negligence
- Assumption of the Risk
If plaintiff contributes to a negligent act, you get nothing.
Compare how much was ones fault to the other ... %-%
Last Clear Chance Rule
Plaintiff claims that the defendant had the last opportunity to avoid the Plaintiff's injury irrespective of the Plaintiff's own negligence.
To compensate the plaintiff for injury
To punish the defendant
actual damages is an element to be proven.
how parties will divide up properties.
protects premarital property
- 1. Capacity and consent
- 2. Consent/Voluntary
- 3. Marriage License
- 4. Vows
Marriage must have been void from the start.
Common Law Marriage
Considered Married after specific time period.
If divorced treated as parties to a marriage.
Divorce/ Dissolution of Marriage
To file a divorce in a no fault state you must state irreconcilable differences.
Temp Restraining Order
Court ordered telling one to stop doing something.
Court order says one to act or refrain from acting , for a specific period of time.
The rights to oversee the care, education, and rearing of a child.
Tender Years Doctrine
When child is young the mother get him/her.
Physical- Physical Contact
Legal- Decision making of a child
Money the the non-custodial parent pays the other , based on income. (Chart)
Property before the marriage
Property gained during marriage
proving biological father for visitation or child support.
Process of paying creditors and distributing the estate of one who is deceased.
Action where someone is trying to get legal responsibility of another.
Guardian ad litem
someone who has best interest of the court
Dying without will
List where all property goes.
- 2 witnesses/ non benefit
- In writing
- Notary recommended
Hand Written non-valid will
Amendment to a will
- duress/improper influence
waiting period of 6 months