BPA

What are the two types of intentional torts?

assault and battery

What is assault?

Making threat to do something harmful.

What is battery?

Touching a patient without patients consent

What must you do to win a tort case?

Prove that the plantiff had intnet?

To prove intent, you must prove at least one of the following

Want, desire, purpose, for the consequence to happen OR 2. Know to a substantial certainty that the consequence will happen

What is the burden of proof required for intentional torts?

Preponderance of the Evidence, AKA more likely than not that their liable, 51% or more sure

Assault has two definitions what are they?

A crime and a tort

Assault can be both physical and

non-physical

Tresspass

enter the owner's land or property without permission

What are the three types of invasion of privacy?

Invasion of physical solitude, Disclosure of private infromation, Use of name or likeness

What is Invasion of physical solitude?

Individuals have an expectation of privacy in their home and within other personal spaces

What is an example of physical solitude?

Spying through windows, hidden cameras

What is Disclosure of Private Infromation

A person's right to privacy includes protection from the publication of facts that should be kept private

What are examples of disclosure of private infromation?

writing about private facts on a blog, medical infromation, education records, embarrassing facts, private disclosures.

What is use of name or likeness?

Someone used your name or image without your permission for their own financial gain

What is an example of use of name or likeness?

a business using a persons photo without their consent, inauthorized use of photos for ads

What is nuisance?

a person, thing, or circumstance causing inconvenience or annoyance.

what are examples of nuisances?

Noise, extremely loud sounds, unsightly aesthetics, foul odor, other annoyances.

What is conversion?

Unauthorized possession of personal property

What are examples of conversion?

Taking and fails to return your property, Sells your property, Severly damages or misuses your property

What is defemation?

Making an untrue statement about someone that is damaging to their reputation

What are the two types of defemation?

Libel and slander

What is libel defemation?

Written statements

What is slander defemation?

Spoken Statements.

What is crime?

harm against not only a specific individual but also the general welfare. The role of the government is to preserve the safety and well-being of the entire social structure.

What is a tort?

A private wrong committed by one person against another. It involves one person's interference with another person's rights.

What is negligance?

Injury caused by a person's mere carelessness

What is an unintentional tort?

Occurs when a person does not have the mental determination of the consequences of his or her acts. (Unintentional Accident).

What is civil law?

a branch of law that regulates the non-criminal rights, duties of persons (natural persons and legal persons) and equal legal relations between private individuals

What is Criminal law?

A system of laws concerned with crimes and the punishment of individuals who commit crimes.

What is causation?

Would the consequences still have occurred if the defendant was not negligent.

What is Duty?

legal obligation or responsibility

What is a breach?

a violation of a duty

What are damages?

What were the actual consequences to the actions

What are examples of duties?

Obey laws, pay taxes, serve on a jury or as a witness in court

What are examples of breaches?

not paying attention on the road, texting while drying, not sanatizing a food surface in a resturant

What are examples of damages?

Medical bills, Therapy bills, loss of wages, damage to personal property

What are the 2 purposes of a warning label?

Protects company from being sued, protects customer from being harmed

Why are so few cases resolved through the court system?

Time: Can take a long time to get your case heard/resolved, Money: Legal fees, lawyers, Taking someone to court can harm ongoing relationships

What is it called when parties attempt to settle their disagreements outside of court?

ADR: Alternative Dispute Resolution

What is ADR?

The process when parties attempt to settle their disagreement outside of court

What are the two ADR methods?

Mediation and Arbitration

What is mediation?

the parties talk with a third person, called a mediator, who helps them compromise to agree upon a solution

What is a mediatior?

The mediator acts as an unbiased independent third party who facilitates the discussion between the two parties

How long does mediation take?

usually one day

Why is mediation used?

Inexpensive, The goal is to produce a win-win outcome

What is arbitration?

a third party, called an arbitrator, hears the complaints and makes a decision on the matter.

What is an arbitrtor?

An Independent arbitrator makes a binding decision based on evidence presented

What is an economic damage?

Any costs that are related to your injury that can be demonstrated through a paper trail: Your future lost earnings capacity, Your future medical expenses

What are non-economic damages?

Damages are a form of compensation that is provided to victims of injuries for losses that aren't as concret. This can include:Pain and suffering, Damage to your reputation

Emotional distress, The worsening of existing conditions the loss of enjoyment of activites.

What is product liability?

Manufacturers have a legal responsibility- called product liability- for injuries caused by defective products

What is a defective product?

a product that doesn't work the way it is intended to

What is strict liability?

when a company is legally responsible for damges/injuries even if they were not negligent.

What is the burden of proof for strict liablity?

causation and damages

Why did the justice system make it easier for plantiffs to win in a product liablity case than it is for an (un)intentional tort case?

If products are mass produced the faulty product could affect multiple people. Creates Strong incentive for companies to design safe products. Makes the company take responsibility for the products they sell

TWO WAYS COMPANIES CAN BE HELD LIABLE FOR A PRODUCT LIABILITY LAWSUIT

Manufacturing defects, Insufficient warning label

What is manufacturing defects?

When 99% of products are made well but \>1% of the time someone gets a faulty product.

What is the purpose of warning labels?

Make sure that consumers know about dangers that they could not know on their own, Must disclose next steps if something harmful takes place.

What are Product Liability defenses?

No causation, The company can prove that the injury would have happened regardless of their product

Crime

An offense against the public at large, which is punishable by the government

Plaintiff

The party that accuses a person of a crime (in criminal law the state is the plaintiff)

Defendant

The person being accused of a crime

Indictment

A written accusation of the charge an individual is being accused of

Subpoena

A mandatory notice to appear in court

Voir dire

The process of selecting individuals to serve on a jury

Bail

Money or property that is left with the court to assure that a person who has been arrested but released will return to trial

Prosecutor

The government attorney who presents the case against the person accused. REPRESENTS THE STATE

Warrant

Document issued [usually by a judge] authorizing the police to make an arrest, or search premises

Plea Bargain

Agreement with prosecutor allowing defendant to plead guilty to a lesser crime than the more serious one he/she would likely be charged with

What is the order of the criminal trial procedure?

The arrest, Arraignement, Preliminary hearing, Jury Selection, Opening Statements, Direct/Cross Examination, Closing Statements, Jury Deliberation, The Verdict / Sentencing.

What is a public defender?

A free, state issued lawyer that represents defendants that can't afford an attorney. Usally doesn't perform as well as a normal lawyer so it is in the defendants best intrest to purchase a real lawyer.

What are the two types of arrest?

Warrat arrests- request from judge, No-Warrant Arrests: Officer MUST see the crime

What do the Miranda Rights prevent

self-incrimination

What must an arresting officer do?

Inform the accused what they are being arrested for, Read Maranda Rights

What is the Arraignment

Hearing where Formal Charges are read by a judge, Dfendant pleads guilty/not guilty, Bail is set by Judge

What is bail?

the amount of money or property defendants must post to be released from custody until their trial.

What are examples of bail?

Houses, Money, Property

What can a court do to bail if you do not show up?

They seize it

What is the purpose of bail?

insure that the defendant shows up for trial

What is a preliminary hearing?

Evidence and witnesses will be presented, judge will decide if it will be allowed to be presented during the trial, Hearing that will determine if their is enough evidence to require a trial by jury, If so judge will set a trail date

Defendant

A person who has been accused of breaking the law and is being tried in court.

Prosecute (verb)

Initiate legal proceedings against

prosecutor

Lawyer who works for the government; presents the state's case against the defendant in a criminal prosecution.

Crime

Considered an act against the public good/law

Duty

Legal obligation or responsibility | Under America's legal system everyone has a legally enforceable duty to know the law and conform to his/her conduct to the law requirements.

Felony

a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death

Misdemeanor

minor wrongdoing, a less serious crime

White Collar Crime

Crimes typically committed in the workplace, These crimes are nonviolent, Do not cause physical injury to people at damage to property.

Burden of Proof

the obligation to present evidence to support one's claim, What you have to prove to win your case

What are the goals of criminal law?

In order for a defendant to be found guilty the prosecutor must be able to prove that he/she committed the crime beyond a reasonable doubt.

In order to prove a defendant guilt you must prove both:

Actus Reus and Mens Rea

Before one is convicted of a crime a prosecution must prove:

Actus Reus: Presence of a guilty act and Mens Rea- Presence of a guilty mind, hardest to prove

What is Actus Reus?

Presence of a guilty act

What is mens rea?

criminal intent

Violation of duty

failure to do something that you are legally responsible for, not conforming to the law.

How do you prove mens rea?

Prosecution must prove the defendant intentionally committed the illegal act: Differentiates between someone who: did not mean to commit a crime Someone who intentionally set out to commit a crime.

What is an Infraction?

Lesser misdemeanors, no jail time just fine

What are examples of infractions?

Jaywalking, Littering

What are examples of misdemanors?

Shoplifting/Concealment of Merchandise, 2nd Degree Trespassing, City and county ordinance violations, Harassment