Law Final

torts are a

CIVIL WRONG

a tort can be

\-the denial of a person’s legal right

\-the failure to comply to a public duty

\-failure to perform a private duty that results in harm to one another

slander

spoken

EQUITABLE DISTRIBUTION

all assets split equally doesn't matter who's name is on what. "equal" and "fair" distribution

community property

property and income belonging jointly to a married couple even after divorce and death

libel

written

spousal support alimony

When a married couple gets a divorce, the court may award "alimony" or spousal support to one of the former spouses

reasonable man test

level of care a reasonable person would excercise

breach of duty care

establish that the defendant “breached“ the duty of care owed to the claimant

similarity leniency hypothesis

same race, gender, age, financial status make similarities in cases

tortfeasor

defendant in a civil law suit

tort of trespass

claimant needs to show that trespass occurred, committed intentionally

tort of negligence

defendant owed a duty of care and caused the claimant damage that could have been prevented

duty + breach + causation + damages =

negligence

most common intentional torts

* assault


* battery


* false imprisonment


* defamation


* invasion of privacy
* infliction of emotional distress

annulment only apply if

married in the church

most common will

simple will

assault

threat to harm bodily harm with a cause

assault is both a

crime and tort

battery

The crime or tort of unconsented physical contact with another person, even where the contact is not violent but merely menacing or offensive.

false imprisonment

A a person commits false imprisonment when he commits an act of restraint on another person which confines that person in a bounded area.

false imprisonment is an

intentional tort.

defamation

a claim must generally be false and must have been made to someone other than the person defamed.

invasion of privacy

unjustifiable intrusion into the personal life of another without consent.

four most common types of invasion of privacy

Appropriation of Name or Likeness

Intrusion Upon Seclusion

False Light

Public Disclosure of Private Facts

most common type of tort

unintentional tort

appropriation of name or likeness

protect your right to control the use of your own identity for business or economic purposes.

intrusion upon seclusion

protect your right to privacy while you are in solitude or seclusion. (one can’t take a picture of you in your home)

false light

protect your right to not have potentially
misleading or damaging information about yourself publicly
disclosed.

Public Disclosure of Private Facts

protect your right to keep the details of your private life from becoming public information.

product liability

manufacturing defect, design defect, warning defect

Manufacturing Defect

If causes injury, strict liability

Design Defect

Cannot warn later – Must correct

Reasonable person standard

Federal preemptions – Benefits lessened by Supreme
Court

Warning Defect

Post-sale warning required, if later discovered

Reasonable person standard

“danger” indicates

imminently hazardous situation, WILL result in death or serious injury

“warning”indicates

potentially hazardous situation, COULD result in death or serious injury

“caution” indicates

potentially hazardous situation, MAY result in mild or moderate injury

Consumer Fraud Act

* Innocent or intentional misrepresentations in an affirmative statement


* Intentional omissions of material fact
* Innocent or intentional violation of applicable regulation

problems dealing with foreign manufactures/suppliers

Less sophisticated safety and quality systems

Limited governmental oversight

Jurisdictional Issues

Post-sale problems/recalls

Difficulty of service of process

Lack of assets in the U.S.

Damage to reputation

largest product liability lawsuit

Owens Corning $1.2 billion

risk reduction ideas

* Avoid affirmative misrepresentations of the capabilities of the product.


* Disclose information about the product that the buyer would deem important to his known application.
* Avoid verbal warranties that are inconsistent with express warranties or disclaimed warranties.

Jury Selection and Service Act of 1968

set up uniform criteria for excusing people from jury service

drawing a venire

voter registry lists

lists of liscensed drivers

those receiving public assistance

unemployment lists

voir dire process

excludes jurors

Peremptory challenges:

eliminated by lawyer without having to give a reason

Challenge for cause:

request that a juror be excused for reasons of bias

EQUITABLE DISTRIBUTION

all assets split equally doesn't matter who's name is on what. "equal" and "fair" distribution

community property

property and income belonging jointly to a married couple even after divorce and death

spousal support alimony

When a married couple gets a divorce, the court may award "alimony" or spousal support to one of the former spouses

The purpose of alimony

maintain lifestyle and limit any unfair economic effects of a divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse

malimony

males receiving alimony as well

a marriage is a

civil contract

The three A's for immediate divorce

Abandonement, Adultry, Abuse

child support

court-ordered support paid by one spouse to the other who has custody of the children after the parents are separated

THERE ARE SEVEN GROUNDS, LEGALLY ACCEPTABLE REASONS, FOR A DIVORCE IN NEW YORK STATE

cruel and inhuman treatment. ... \n •abandonment. ... \n •imprisonment. ... \n •adultery. ... \n •divorce after a legal separation agreement. ... \n •divorce after a judgment of separation. \n -haven't been together for 6 plus months

alimony benefits the spouse who

may have given up a career to help the fam and needs help to get back on their feet

resources in the past to catch spouses cheating

LAWYERS \n PRIVATE INVESTIGATORS \n RECEIPTS \n CREDIT CARDS \n BANK STATEMENTS \n PHONE BILLS.

resources now to catch spouses cheating

LAWYERS \n PRIVATE INVESTIGATORS \n CELL PHONES – HISTORY \n FACE BOOK – MESSENGER \n TWITTER \n OTHER SOCIAL MEDIA OUTLETS.

alienation of affection

willful and malicious interference with the marriage relation by a third party without justification or excuse

criminal conversation

A PERSON IS ALSO ENTITLED TO FINANCIAL COMPENSATION IF THAT PERSON CAN PROVE THAT DIALOG TOOK PLACE WILLFULLY AND DELIBERATELY.

if child support is not payed

lean, wage garnishments, liquidating assets and even jail time

oldest form of crime in the country

counterfeiting

what was create to protect the U S money supply

secret service

who watches for white collar crime

SEC & FBI

bernie madoff return rate

10%

Estate:

the assets of a deceased person after all debts are paid

Estate planning:

the act of planning for how your wealth will be allocated on or before your death

Will:

a legal request for how your estate
should be distributed upon your death. If
can also identify a preferred guardian
for any surviving children

Beneficiaries (heirs):

the persons specified
in a will to receive a part of an estate

Intestate:

the condition of dying without a will

Simple will:

a will suitable for smaller
estates that specifies that the entire estate
be distributed to the person’s spouse

Traditional marital share will:

a will suitable for larger estates, valued at $675,000 or more) that distributes half of the estate to the spouse and half to the kids

signature

validates a will

bench trial

no jury, just judge

insider trading

trading of a public company's stock or other securities based on material, nonpublic information about the company