Studied by 71 peoplenegligence
conduct that falls below the standard established by law for protecting others against unreasonable risks of harm
Each _______ must be proven by a preponderance of evidence to convict negligence
elements of negligence
4 Elements of Negligence
Duty, Breach of Duty, Causation, Damages
Duty (element of negligence)
the defendant or accused wrongdoer, owed a duty of care to the plantiff, or injured person
Breach of Duty (element of negligence)
the defendant's conduct breached or violated that duty
Causation (element of negligence)
the defendant's conduct caused the plantiff's harm
Damages (element of negligence)
the plantiff suffered actual injuries or losses
Tort law requires that you use ________ ____ to protect other persons from harm when they are on your property
reasonable care
Tort law does not require you to be responsible for ___________ ______
tresspassers injury
Attractive Nuisance
the reasonable form of care that must be placed upon the landowners in the situation that allows children to unknowingly wander onto property and get injured
contributory negligence
plantiff may not recover damages from the defendant if your own negligence contributed in any way to the harm
comparitive negligence
dividing the loss according to the degree to which each person is at fault
counterclaim
the defendant ends up suing the other for damages
assumption of risk
used as a defense when a person voluntarily encounters a known danger and decides to accept the risk of danger
strict liability
if someone did everything in their power to prevent harm in their action, but something still went wrong (only need to prove causation and damages)
Product Liability
the legal responsibility of manufacturers or sellers for injuries caused by defective products
strict liability (animals)
The law has traditionally held owners strictly liable for any harm caused by their untamed animals
Cause in Fact
If the harm would not have occurred without the wrongful act
Proximate Cause
there must be a close connection between the wrongful act and the harm caused
paternity suit
if a man denies being a child’s father, the mother may bring a ________, or action in court to establish his fatherhood, and force him to pay for prenatal care and child support
emancipation
children are free from the legal custody and control of their parents
family (filial) responsibility laws
require adult children to care for their elderly parents
truant/truancy
A child who misses school without justification
Medical Care
Parents have a legal duty to protect and supervise their children’s health.
Care and Supervision
Parents may decide what is best for their children as long as they do not abuse or neglect them. There are no minimum requirements for the number of hours parents must spend with their children
Family Car Doctrine
forces parents to be responsible for damages caused by any driver in the family
Child Abuse
any adult or older child inflicts or threatens to inflict intentional physical, emotional, or sexual harm on a child
Child Neglect
occurs more frequently than child abuse and involves the failure to properly feed, clothe, shelter, educate, supervise, or tend to the medical needs of a child
contract
an agreement between two or more persons to exchange something of value
breach
in terms of contract refers to someone who fails to hold up their end of the bargain
elements of a contract
an offer --> an acceptance --> exchange of consideration --> legal competence
Offer (element of a contract)
a proposition directed to a specific person
Accpetance (element of a contract)
a verbal or physical agreement by either carrying out the agreement or paying
Consideration (element of a contract)
something of value is given for something else of value
Legal competence (element of a contract)
to make a contract someone may not be under the influence, mentally ill, etc
A contract involving commiting an illegal act or going against public policy is legally bound.
FALSE
Minors don't legally have to honor contracts they have agreed to.
TRUE
Cosign
an adult who also agrees to a contract and with that they take the responsibility if the minor refuses to pay
Minors may be held to a contract involving _________.
necessities
Unconscionable
if a contract is unfairly oppressive, unfair, or harsh
Fraud
false statement or lie in order to get them to do something
Expectation Damages
expected value from breaching party vs what the injured party actually recieved
you order four video games through an online merchant and pay $120, but the company sends you only two games. Assume that the market value of the two games is $60. The expectation damages would be $60—the difference between the full value of what you were promised ($120) and the value of what you actually received ($60) in the mail. You would not have to return the games you received.
Expectation Damages (example)
Rescission (civil remedy)
cancel or rescind a contract
Restitution (civil remedy)
recieving a refund for all the money you've already paid
Specific Performance (civil remedy)
order the seller to carry out the specific terms of the agreement
if you ordered goods that were never delivered, the court could order the company to deliver the goods to you. In the case of specific performance, you would still have to pay for the goods.
Specific Performance (example)
Mitigate
"make less severe"
Duty to Mitigate
requires an injured party to take reasonable steps to mitigate damages
Martin received several offers of $100 for the used mp3 player he was selling. Gina agreed to buy the item for $150, but she later refused to follow through on the purchase. Martin would be required to mitigate his damages. In other words, if he could still sell the used mp3 player for $100, his damages for a breach of contract claim against Gina would be only $50.
Duty to Mitigate (example)
The 3 Civil Remedies
Rescission, Restitution, and Specific Performance
1st Amendment
freedom of religion, speech, press, etc
2nd Amendment
right to bear arms
3rd Amendment
no quartering of soldiers
4th Amendment
no unreasonable searches and seizures
5th Amendment
No Self-incrimination - due process of the law - fair procedures
6th Amendment
right to a lawyer, an impartial jury, and a speedy trial
7th Amendment
right to a jury trial in civil cases
8th Amendment
no cruel or unusual punishment
9th Amendment
the right to more rights than are written in the constitution
10th Amendment
powers not reserced to the federal government falls to the people and states
14th Amendment
equal protection of the laws
15th Amendment
forbids denying the right to vote based on race or color
24th Amendment
prohibits poll tax
Juvenile Waiver
allows judges to wave juveniles to adult court
Statutory Exclusion
because of the crime - juveniles are sent directly to adult court
Direct File
gives prosecutors the chance to discreetly file charges with adult court
The 3 Ways for Juveniles to be tried in Adult Court
Juvenile waiver, statutory exclusion, and direct file
Note 
Flashcard (100)