Legal Environment of Business.txt

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Legal Environment of Business.txt
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2013-03-09 16:16:20
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    • author "JoeTheDowd"
    • tags "tort defamation metro state metropolitan university denver "
    • description "These flash cards are for Legal environment of business"
    • fileName "Legal Environment of Business.txt"
    • freezingBlueDBID -1.0
    • Libel
    • Written defamation
  1. Slander
    Oral defamation
  2. Element
    a fact that a plaintiff must prove to win a lawsuit.
  3. Defamatory Statement
    A defamatory statement is a statement likely to harm another person's reputation.
  4. Falseness
    The statement must be false to be defamatory.
  5. Communicated
    The statement must be communicated to at lease on person other than the plaintiff.
  6. Injury
    In Slander cases, the plaintiff generally must show some injury.
  7. Opinions
    Opinions cannot be proven true or false. Opinion is generally a valid defense in a defamation suit.
  8. Actual Malice
    Actual malice means that the defendant in a defamation suit knew his or her statement was false or acted with reckless disregard for the truth.
  9. False Imprisonment
    The intentional restraint of another person without reasonable cause or consent.
  10. Battery
    Intentional, offensive touching.
  11. Assault
    An action that causes another person to fear an imminent battery.
  12. Fraud
    Fraud is injuring someone by deliberate deception.
  13. Intentional infliction of emotional distress
    Extreme and outrageous conduct that causes serious emotional harm.
  14. Compensatory damages
    Compensatory damages are intended to restore the plaintiff to the position he was in before the defendant's conduct caused injury.
  15. Single recovery principle
    Single recovery principle requires a court to settle a legal case once and for all, by awarding a lump sum for past and future expenses.
  16. Punitive Damages
    punitive damages punish the defendant for conduct that is extreme and outrageous.
  17. Tortious inference with a contract
    Tortious interference with a contract occurs when a defendant deliberately harms a contractual relationship between two other parties.
  18. Intrusion
    Intrusion to someone's private life is a tort if a reasonable person would find it offensive.
  19. Commercial Exploitation
    Commercial exploitation prohibits the unauthorized use of another person's likeness or voice for business purposes.
  20. Tort
    A tort is a violation of a duty imposed by the civil law.
  21. Defamation
    Defamation involves a defamatory statement that is false, uttered to a third person, and causes an injury.
  22. True or False

    A store manager who believes a customer has stolen something may question him but not restrain him.
    False
  23. True or False

    A defendant cannot be liable for defamation if the statement, no matter how harmful, is true.
    True
  24. True or False

    A beer company that wishes to include a  celebrity’s picture in its magazine ads must first obtain the celebrity’s permission.
    True
  25. True or False

    In addition to proving the four elements of defamation, a public official or public figure can win a defamation case only by proving actual malice by the defendant
    True
  26. True or False

    Oral defamation is called "slander."
    True
  27. True or False

    Rashed has a two year written contract to work for SimTex, Inc. ComPro, a competitor of SimTex, offers to pay Rashed 30% more if he would leave SimTex and work for ComPro. Since Rahsed's contract was an employment contract, ComPro cannot be found liable for tortious interference with a contract.
    False
  28. True or False

    A security guard at TonTon's Discount Store observed a sales clerk remove a CD from a display case and put it in her purse. In most states, a store may detain an employee for alleged shoplifting provided there is reasonable basis for the suspicion and the detention is done reasonably.
    True
  29. What are some of the kinds of torts?
    • intentional torts
    • negligence
    • strict liability
    • tortious interference with a contract
  30. What is an intentional tort?
    An intentional tort is a civil wrong that occurs when the wrongdoer engages in intentional conduct that results in damages to another.
  31. What are the elements of an intentional tort?
    • Defamation - defamatory statement - a statement that is likely to harm someones reputation
    • It must be false
    • It must be communicated to a third party
    • Must cause damages or some kind of injury
  32. What are the three "guideposts" that a court must consider when it comes to punitive damages?
    • The reprehensibility of the defendant's conduct
    • The ratio between the harm suffered and the award. Generally, the punitive award should not be more than nine times the compensatory award.
    • The difference between the punitive award and any civil penalties used in similar cases.
  33. What are the four elements when it comes to tortious interference with a contract?
    • There was a contract.
    • The defendant knew of the contract
    • The defendant improperly induced the third party to breach the contract or made performance of the contract impossible
    • There was injury to the plaintiff
  34. Absolute privilege
    An absolute defense to an otherwise defamatory statement because of the venue or context in which the statement was made.
  35. Negligence per se
    • Negligence per se is a violation of a standard of care set by statute.
    • Driving while intoxicated is illegal; thus, if a drunk driver injures a pedestrian, he has committed negligence per se.
  36. Res ipsa loquitur
    Res ipsa loquitur is a doctrine of tort law holding that the facts may imply negligence when the defendant had exclusive control of the thing that caused the harm, the accident would not normally have occurred without negligence, and the plaintiff played no role in causing the injury.
  37. Contributory Negligence
    A plaintiff who is slightly negligent recovers nothing
  38. Misdemeanor
    Misdemeanor is a less serious crime, often punishable by a year or less in jail.
  39. Felony
    A felony is a serious crime, for which a defendant can be sentenced to spend one year or more in prison.
  40. strict liability
    a legal theory that imposes responsibility for damages regardless of the existence of negligence; in tort law, any good sold that has a defect that causes injry leads to the imposition of liability
  41. Negligence
    the failure to do something that a resonable person, guided by the ordinary considerations that regulate human affairs, would do or the doing of something that a reasonable person would not do
  42. res ipsa loquitur
    latin for "the thing speaks for itself"; given the facts presented, itis clear that the defendents actions were negligent & were the proximate cause of the injury incurred
  43. cause in fact (sine qua non)
    an act or omission without which an event would not have occurred. courts express this in the form of a rule: the injury to a person would not have happened but for the conduct of the wrongdoer
  44. comparative negligence
    a defense to negligence whereby the plaintiffs damages are reduced by the proportion his fault bears to the total injury he has suffered
  45. Duty
    Duty - If a defendant can foresee injury to a particular person, she has a duty to him.
  46. Negligence - What are the 4 basic Elements in all negligence claims
    • Duty
    • Breach
    • Actual and proximate cause
    • Damages
  47. Intentional Tort - What are the 5 Elements of False Imprisonment
    • Confines or restrains (act or ommission)
    • Bounded Area
    • Intent
    • Causation
    • No Damages Needed
  48. Intentional Tort - What are the 4 Elements of Intentional Infliction of Emotional Distress
    • Intent or recklessness
    • Extreme & Outragous Conduct
    • Causation
    • Damages - severe emotional distress
  49. Intentional Tort - What are the 5 elements of Battery
    • Intent
    • Harmful or offensive touch
    • Causation
    • No Damages needed
  50. Strict Liability
    • Activity must create a foreseeable risk of serious injury even when reasonable care is exercised by all actors
    • Activity not a matter of common usage in the community
  51. Actus Reus
    The guilty act. The prosecution must show that a criminal defendant committed some proscribed act. In a murder prosecution,taking another person’s life is the actus reus.
  52. General Intent
    Means that the defendant intended to do the prohibited physical act.
  53. Specific Intent
    Means that the defendant intended to do something beyond the mere prohibited physical act.
  54. Strict Liability (Tre-tre's version)
    If you did the act, you gonna do the time.
  55. 4th Amendment - Unreasonable search and seizure.
    • If they obtain evidence illegally it's deemed, "fruit of the poisonous tree."
    • Exceptions
    • Plain View
    • Stop and Frisk
    • Emergencies
    • Automobile
    • Lawful Arrest
    • Consent
  56. The fifth amendment protects us from...
    • Double Jeopardy
    • Self incrimination

    also contains the Miranda Rights
  57. Implied Warranty of Habitability
    Th e implied warranty of habitability means that a builder selling a new home guarantees the adequacy of materials and workmanship
  58. Duty to disclose defects
    T h e seller of a home must disclose facts that a buyer does not know and cannot readily observe if they materially aff ect the property’s value.
  59. Recording
    Recording the deed means fi ling it with the offi cial state registry.
  60. EMINENT DOMAIN
    Eminent domain is the power of the government to take private property for public use. 5th ammendment
  61. TENANCY FOR YEARS
    Any lease for a stated, fi xed period is a tenancy for years.
  62. PERIODIC TENANCY
    A periodic tenancy is created for a fi xed period and then automatically continues for additional periods until either party notifi es the other of termination.
  63. Tenancy at will
    A tenancy at will has no fi xed duration and may be terminated by either party at any time
  64. Tenancy at sufferance
    A tenancy at sufferance occurs when a tenant remains on the premises, against the wishes of the landlord, after the expiration of a true tenancy
  65. TYPES OF TENANCY (4)
    • Tenancy for years
    • Periodic Tenancy
    • Tenancy at will
    • Tenancy at sufferance
  66. Landlord's Duties (5)
    • Duty to Deliver possession
    • Quiet enjoyment
    • Actual eviction
    • constructive eviction
    • Duty to maintain premises
  67. Duty to deliver possession
    The landlord’s first important duty is to deliver possession of the premises at the beginning of the tenancy, that is, to make the rented space available to the tenant.
  68. Quiet enjoyment
    All tenants are entitled to quiet enjoyment of the premises
  69. Actual Eviction
    If a landlord prevents the tenant from possessing the premises, he has actually evicted her
  70. Constructive Eviction
    If a landlord substantially interferes with the tenant’s use and enjoyment of the premises, he has constructively evicted her
  71. Duty to maintain premises
    a landlord has a duty to deliver the premises in a habitable condition and a continuing duty to maintain the habitable condition
  72. TENANT’S DUTIES (3)
    • DUTY TO PAY RENT
    • DUTY TO MITIGATE
    • DUTY TO USE PREMISES PROPERLY
  73. Rent
    Compensation paid by a tenant to a landlord
  74. Injuries (3)
    • tenant's liability
    • LANDLORD’S LIABILITY
    • CRIME
  75. TENANT’S LIABILITY
    A tenant is generally liable for injuries occurring within the premises she is leasing, whether that is an apartment, a store, or otherwise
  76. LANDLORD’S LIABILITY
    Historically, the common law held a landlord responsible only for injuries that occurred in the common areas, or due to the landlord’s negligent maintenance of the property
  77. CRIME
    Landlords may be liable in negligence to tenants or their guests for criminal attacks that occur on the premises

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