BLAW

Tort

Civil wrongs

Negligence

Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm

Average of care

whether someone acted with care as the average person would have in those circumstances

Zealous

an attorney makes sure that the authority to decide a defendant's guilt or innocence stays where it belongs: with the judge or jury

Professional standards

define the nature and the quality of work of persons who practice that profession

Negligence

An act or continuing conduct of a professional which does not meet the standard of professional competence and results in provable damages to his/her client or patient. Fails “duty of care”

Proximate causation

Refers to a cause that is legally sufficient to find the defendant liable

Premises liability

the legal responsibility a property owner has to maintain their property in a safe condition for guests

Palsgrave v. Long Island Railway

Defendant won because of negligence from train company who tries to help a man up that dropped explosive package

reasonable foreseeability

if the defendant reasonably should have foreseen the consequences

Assumption of THAT risk

the plaintiff can't hold the defendant responsible if the plaintiff knowingly exposed him or herself to the possibility of an injury

Comparative negligence

dictate how the responsibility for an accident will be shared between the parties directly involved

Negligence

instances when you were owed a certain “duty of care” and that was “breached.” This “breach” “factually caused” you to suffer a loss or harm and now you require “damages” or compensation to help you heal or recover from the incident

Contributory negligence; 51%+

the plaintiff's failure to exercise reasonable care for their safety ;___ means at fault and not allowed recovery

Intentional tort

civil wrong resulting from an intentional act on the part of the wrongdoer. Intentions don’t matter

Assault

the wrong act of causing someone to reasonably fear harm

Battery

occurs when one “causes bodily harm" to a person

Self defense

The use of force to protect oneself from an attempted injury by another

Consent

a person voluntarily and willfully agrees in response to another person's proposition

false imprisonment

commits an act of restraint on another person which confines that person in a bounded area. an act punishable under criminal law as well as under tort law

Emotional distress

When the actions of one person cause emotional or mental trauma to another, the victim may be able to recover damages

Floodgates

a type of argument based on policy considerations or "the bigger picture" rather than the just result in an individual case. A defendant or judge may argue that if this case establishes a precedent of finding liability in these circumstances, the "floodgates will be opened", and many, many more lawsuits will be filed, all citing this precedent. If the flood of secondary lawsuits will overwhelm the legal system, a judge may decide not to act in this particular case regardless of how good the plaintiff's case is

Misappropriation of identity

The appropriation of plaintiff's name or likeness to defendant's advantage, commercially or otherwise; Lack of consent; and. Resulting injury

Using Michael Jordan image without permission is a type of invasion of _____

privacy

Andrews case

______ was videotaped in her guestroom by Michael David Barrett, who was in the room next door. When Barrett posted the footage online, the FBI arrested him and charged him with interstate stalking. Case with comparative advantage as barrett had 51% fault and hotel had 49% fault

Cardi B case

Imposed defamation charges on the YouTuber in 2019, claiming that the latter defamed her in many of her videos. As a result, the jury recently announced their verdict in the favor of the singer and awarded more than $1 million in damages

Hulk Hogan case

_______, a former wrestler whose real name is Terry Bolleau, sued Gawker Media for invasion of privacy after it published a sex tape of him and friend’s wife

Kate Middleton

Topless photos of ____ was published and she sued for invasion of privacy and won

Jane Doe

Shortly after a California woman and her boyfriend ended their relationship in 2013, he began to post sexual photographs and videos of her on pornography websites and to impersonate her in online dating forums. _____ feared for her life

Defamation; libel and slander

A false statement that injures a third party's reputation. Includes ____ and _____

Libel

defamatory statement that is written

Slander

defamatory statement that is oral

Workplace defamation

involves false statements about an employee that harm that employee’s ability to maintain their current job, or seek a new position. This applies to all employees, whether they are current or former employees. This issue of workplace defamation most commonly arises when a prospective employer attempts to verify a candidate’s background by seeking a reference from the candidate’s current or former manager, or employer

Publication

In Tort, _____ there has been communication of a defamatory statement to a person other than the claimant (essential in defamatory cases)

A _____ plaintiff must prove that the publisher published the statement with knowledge of its falsity or with reckless disregard for the truth of the statement. Actual malice and intent needed to be proven and disregard for the truth (no digging for the truth)

public figure

Personal property

anything you can move and is subject to ownership (except land). Can be tangible and intangible (ex: bank account)

Real property

are possessions that cannot be moved from place to place. This encompasses land, things attached permanently to land, and things that grow and exist beneath land. Like personal property, real property is divided into tangible and intangible real property (ex: homeowners insurance)

Business Tort

wrongful acts specifically impacting businesses

Fraudulent misrepresentation

a situation when a false statement is made intentionally or recklessly by a party, leading to another party agreeing to a deal of any kind and suffering a loss as a result. Results to contract cutting

Scienter

a legal term for intent or knowledge of wrongdoing. An offending party then has knowledge of the "wrongness" of an act or event prior to committing it

Intentional interference

occurs when one person intentionally damages someone else's contractual or business relationships with a third party, causing economic harm

Interference with prospective advantage

Independent wrongful conduct by the defendant; Intent on the defendant's part to disrupt the economic relationship, or knowledge that disruption was likely because of their conduct; Disruption of the relationship

Product liability

Businesses who make products available to the public are held responsible for the injuries those products cause

Negligence

In product liability- design errors, careless mistakes in the manufacturing of a product, and failure to warn consumers of the dangers associated with a product

McPherson vs Buick

The manufacturer is
responsible for its finished
product. The manufacturer owes
a duty of care to make a thing of
danger carefully. Thus, omitting
inspections that could prevent
injury is unreasonable
(Overturned the Privity Rule). McPhersen won

Privity

a contract cannot confer rights or impose obligations upon any person who is not a party to the contract

Buyers Beware

caveat emptor defense

Strict liability categories (both criminal and civil):

abnormally dangerous activities, owning dangerous animals, and product liability

Restatements of the Law

Secondary sources of law series of treatises that articulate the principles or rules for a specific area of law from ALI (American Law Institute)

Manufacturing defect

When an error occurs during the manufacturing process, causing the product to depart from its intended design

Design defect

When there is a flaw in the original design of the product which makes it unreasonably dangerous for consumer use

Inadequate warnings

A manufacturer or seller can be liable for a product defect if no instructions were supplied to the consumer in which if proper warnings were made available, the foreseeable risks of harm posed by the product could have been reduced or avoided

Restatements of Tort (3rd)

assists you in understanding, interpreting, and applying American common law of torts concerning apportionment of liability

Parish v Icon

Plaintiff Delbert Parish purchased a trampoline manufactured by defendant manufacturer Jumpking, Inc. (“Jumpking”) for use in a backyard. While attempting to do a back somersault on the trampoline, Parish landed on his head and was rendered a quadriplegic. Parish then filed the present suit against Jumpking on theories of defective design of the trampoline, and negligence in failing to warn of the danger in using it. The district court entered summary judgment against Parish on all claims. On appeal, he argued that there were genuine issues of material fact on his design-defect claim, and on the adequacy of Jumpking's warnings. Parish lost. Manufacturers also did have warning labels. Parish didn’t have an alternative design argument (tort 3rd restatement failed)

Greenman v Yuba Power Products

Plaintiff donee brought an action against defendants, a retailer and a manufacturer, seeking to recover for personal injuries sustained while using a power tool made by the manufacturer and sold by the retailer. The donee alleged breach of express and implied warranties and negligence. the court held that the manufacturer was strictly liable in tort because the power tool that was placed on the market, without inspection for defects, had a hidden defect that caused injury. Overturned privity.

Assumption of risk

a legal doctrine under which an individual is barred from recovering damages for an injury sustained when he or she voluntarily exposed him or herself to a known danger

Product misuse

the consumer's use has to be one that the manufacturer could not have intended, expected or anticipated

2 year statute of limitations

the norm for torts based on trespass to personal or property rights

Government contractor liability

allows private contractors to share the government's immunity from tort liability on public policy grounds.

Strict liability

holds a defendant responsible for their actions regardless of their intent at the time of the action

Ultrahazardous activity

an act that is so inherently dangerous that the individual performing it may be held liable for injuries to other individuals — even if they take every reasonable step to prevent the injury

Thalidomide tragedy

drug was used to treat morning sickness during pregnancy. But it was found to cause disabilities in the babies born to those taking the drug. Babies died

Johnson & Johnson baby powder

was ordered Thursday to pay $4.69 billion to 22 women and their families who had claimed that asbestos in the company’s talcum powder products caused them to develop ovarian cancer. J&J was at fault

MGM Resorts

$800 million settlement from _______, to more than 4400 relatives and victims of the 2017 Las Vegas shooting

Fremont woman

Sued and won revenge porn case for emotional distress and mental suffering, and awarded an additional $150,000 in punitive damages against Andre Pompey, 49, of Salinas for his intentional wrongdoing

Mineral rights

_______ are automatically included as a part of the land in a real property conveyance

Emblement

_______ are annual crops that require labor grown by a tenant on someone else's land. The crops are treated as the tenant's personal property and not the landowner's. If a tenant somehow loses possession of the land on which the crops grow, the tenant is still allowed to finish raising the crops and harvesting them

Personal property

Are crops personal or real property?

Property deeds

legal documents used in real estate that transfers ownership of real property from a grantor (seller) to a grantee (buyer)

Grantor

Who is the person transferring the land in a deed?

Grantee

Who is the person recording the land in the deed

Warranty deed

A _____ is a legal real estate document that protects the buyer and ensures that the seller holds a clear title to the property, has no outstanding liens or mortgages, and there will be no future claim to the title of the property

Fee Simple

Possibility the land can go back to grantor if some conditions are not met anymore

Fee Absolute

an estate in real property, by which the owner has the greatest power over the title, which it is possible to have. owned completely, without any limitations or conditions

Tenancy in Common

a legal arrangement in which two or more parties share ownership rights in a real estate property or parcel of land. Can be equal or unequal shares. the ownership portion passes to the individual's estate at death

Life estate

property such as land or a residence that a person owns and can use for as long as they are alive

Joint Tenancy

Property owned in _______ automatically passes to the surviving owners when one owner dies. Right of survivorship

Right of survivorship

A right granted to joint property owners that ensures the transfer of one owner's stake to the remaining property owner(s)

Leasehold estate

the exclusive right of a tenant to occupy a property for a period of time. a legal agreement between a tenant and a landlord

Servitude

limitations or requirements about the use of property. Servitudes attach to the estate or property itself and impose certain use limits on the owner of the property

Easement

Type of servitude; A right to enter land owned by another and make certain use of it. An easement is not ownership or right of possession of an estate but a “burden” on another person’s estate. That is, it is the right to use the property for some purpose without payment for each use. Types: Positive (positive - allow a property owner certain use of another owner's property) and negative (negative - a promise not to do something with a certain piece of property)

Profit

One may also give or sell someone the right to remove valuable things from one’s estate, such as oil, minerals, or trees

License

A _____ does not create an estate in the land.

License

to have an official document that gives you permission to own, do, or use something

Adverse Possession/easement by prescription

This normally requires open possession of the property and restraining others from use of the property for a period of time (10 years) required by state law and may require payment of property taxes

Covenant

A means by which owners of estates in land can make agreements that bind their successors. Can benefit by the covenant or burdened by it. Most often, covenants are restrictions that attach to the deed when a home is sold. The agreement made in a covenant is said to “run” with the land. That is, the covenant is a binding obligation that goes with property when it is transferred to a new owner, who must abide

Lessee; lessor

____ has to pay the ___ for the right to property/posession

security deposit; 30

you must give the landlord a forwarding address in order to receive your returned ______. The landlord must return your deposit — less any amount deducted for damages — within __ days

right to offset

the tenant's right to deduct from its monthly rental obligations the tenant's costs which are incurred if the landlord defaults in its performance of certain lease obligations and the tenant undertakes to complete those obligations

3

allows the tenant to sue the landlord to recover _ times the portion of the deposit wrongfully withheld plus other fees

Joint and several liability

means that all the tenants on a lease (on one lease, not separate leases) and each of the tenants on the lease, can be held responsible for all money damages. For example: Housemate A punches a hole in the wall and then leaves for an overseas job. Housemate B, with the major that didn't translate into international job opportunities, stays put. Housemate B is easier to find when the bill for the damages come due. Housemate B ends up on the hook

commercial lease

a formal agreement to rent a building, vehicle, land, or property that will be used for business purposes

commercial sublease

an arrangement when a business leases a commercial property from a tenant (or a sub-landlord) rather than entering into a lease with the landlord directly, though the landlord's consent is a must for a sublease

landlord; tenants

the ______ is only responsible for maintaining exterior and structural portions of the leased premise. The commercial _____ is responsible for maintaining everything else

early termination

If you quit the lease early, you are responsible for the balance of the lease. For example, if the lease term is one year and you leave after five months, you can be liable for the remaining seven months of rent: the balance of the lease term

signage

There is no guarantee that a landlord will provide any tenant ___. In some areas, zoning does not permit any ____ at all, leaving landlords unable to advertise the names of tenants. The number of names that can appear on a building or marquee may also be restricted by space and size or by existing agreements with other tenants

common area cost

________ fees are a significant part of any commercial real estate lease agreement. These fees include any of the costs associated with maintaining the common areas on the property

eminent domain

the power of the government to take private property and convert it into public use (5th amendment but needs just pay)

police power

the state's inherent right to regulate an individual's conduct or property to protect the health, safety, welfare, and morals of the community. Some common examples of police power, as it relates to real estate, are Zoning, Building codes and Rent control

joint and several liability

each tenant is jointly responsible for the entire rent amount and for any damages as well as being separately responsible