Test Review

Overview of Torts and Legal Concepts

Torts

  • Definition: A tort is a civil wrong that causes harm or loss to individuals.

  • Major Types: 3 major types of torts:
      - Intentional Torts
      - Negligence Torts
      - Strict Liability Torts

Classifications of Torts

  • 3 classifications of torts:
      - Intentional Torts: Actions taken with the intent to cause harm.
        - Assault: Placing someone in fear or apprehension of immediate offensive bodily contact.
        - Battery: Intentional unwanted offensive bodily contact.
        - Defamation: Publication of a false statement that harms someone’s reputation.
      - Negligent Torts: Actions that are careless and lead to harm.
      - Strict Liability Torts: Liability is imposed for harm regardless of fault or intent. Examples include owning dangerous animals (e.g., tigers, venomous snakes).

Key Terms and Definitions

  • Assault: When one person places another in fear of imminent bodily contact.

  • Battery: Intentional unwanted offensive contact.

  • Defamation: Intentionally publishing a false statement harmful to an individual's reputation.

  • Shopkeeper Exception: Legal ability to detain a suspected shoplifter as long as it is reasonable in time and manner.

  • Intentional Infliction of Emotional Distress: Engaging in extreme and outrageous conduct causing emotional distress.

Privacy Torts

  • Four privacy torts include:
      - Appropriation: Use of another's name or likeness for commercial gain without permission.
      - Intrusion: Invading someone's privacy or personal space.
      - False Light: Publicly portraying someone in a misleading way.
      - Disclosure: Publicizing private facts about someone without their consent.

Defenses to Defamation

  • Actual Malice: In cases of public figures, the statement is not defamatory unless it is made with actual malice.

  • Conditional Privilege: Protection for statements made in good faith and in certain circumstances without liability unless actual malice is shown.

Negligence

  • Elements of Negligence:
      - Duty: The obligation to adhere to a standard of reasonable care.
      - Breach of Duty: Failure to meet that standard.
      - Causation: Connection between breach and harm.
        - Actual Cause: Immediate cause of the harm.
        - Proximate Cause: Harm must be a foreseeable consequence of the breach.
      - Damages: Actual harm or injury resulted from the breach.

  • Comparative Negligence: In Georgia, if the plaintiff is more than 50% at fault, they cannot recover damages.

  • Contributory Negligence: Plaintiff's own negligence contributed to the harm.

Remedies in Torts

  • Compensatory Damages: Cover actual losses, e.g., medical expenses, lost wages.

  • Punitive Damages: Intended to punish the wrongdoer and deter future conduct. Awarded in extreme cases.

Environmental Laws

  • NEPA (National Environmental Policy Act): Requires federal agencies to assess environmental impacts of their proposed actions.

  • CWA (Clean Water Act): Aims to restore and maintain integrity of the nation's waters by preventing point and non-point source pollution.

  • RCRA (Resource Conservation and Recovery Act): Manages hazardous waste from its creation to disposal.

  • CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act): Governs response to releases of hazardous substances and the cleanup of contaminated sites.

Employment Law

  • At-Will Employment: Employees can quit or be fired for any reason that is not illegal.

  • Title VII of the Civil Rights Act: Prohibits employment discrimination based on race, color, religion, sex, or national origin. Now includes sexual orientation and gender identity.

  • ADA (Americans with Disabilities Act): Prevents discrimination against individuals with disabilities and requires reasonable accommodations unless it poses an undue burden.

Employment Claims

  • FMLA (Family and Medical Leave Act): Grants eligible employees unpaid leave for family and medical reasons; requires 50 or more employees in a workplace.

  • Equal Pay Act of 1963: Prohibits pay discrimination on the basis of sex.

Tips for Legal Studies

  • Familiarize yourself with key legal terms and their definitions.

  • Understand different types of torts, negligence defenses, and remedies.

  • Review environmental laws and their implications.

  • Study employment law, protections, and various legal statutes including the ADA and Title VII.

  • Be prepared for practical examples and hypothetical scenarios in exams.