BLS 342 exam 2

assault

-Assaault is intentionally placing someone in fear or apprehension of immediate physical harm --> If i did that to you, then you sue me and if you win you get money and the legal term for money is damages --> What the law does is look at these situations and see if it fits. if i assault you you can sue me.

intentional torts

-To the person -Basically three of these: assault/ battery/ false imprisonment

an intentional wrongdoing

By the agency, they intentionally did this wrong

are there precedence with admin agencies

Just as federal statutes take precedence over conflicting state statutes, so do federal agency regulations take precedence over conflicting state regulations. Because the rules of state and local agencies vary widely, we focus here exclusively on federal administrative law.

northeast reporter

Northeast reporter Ohio, Indiana, Illinois, New York, Massachusetts

Ohio Jurisprudence

Ohio jurisprudence It's the same as Am Jur but just Ohio

confusion

People who engage in propaganda try to confuse you The confusion is between the environment and the climate They are not the same (environment and climate)

unfair competition

Takes a lot of different forms but a lot of the time it has to do with trade secrets There is a formula for bread, you work there and know it an then get fired and tell competitor the recipe that is unfair competition Or you tell competitor all customers names and addresses

An intentional infliction of mental and or emotional distress

This is a tort and the injury is mental or emotional distress Cant sue boyfriend for breaking up with you; if its relly extreme you can recover for that. If you walk with child and someone kills your child. Youre not injured but you can sue for someone killing your child This was expanded and from an intentional tort to reckless ness Youre walking with child and a drunk driver drives on sidewalk and kills child; person did not intend to do it but you can still get sued for your emotional distress Courts expanded again to include negligence Gross negligance is extrme, nelgigance is careless Woman walking with child adn old man has sleep apnea and kills mother. The guy fell asleep and wasnt trying but he was negligant and the 11 year old boy won. The probate court holds it until your 18 you dont get the money when 11. Needs to be some kind of extreme

A and be are firms on a river. B has cattle. A is dumping chemicals into the river where cattle drink and kills 2.5 million worth of cattle. What tort is that? what are some of the remedies?

This is a trespass to land. An unpermitted trespass on your property. If I get money, it doesn't stop you from dumping the chemicals. You need an injunction to stop you from dumping the chemicals Some of the definitions overlap

tort

Tort- french word for a civil wrong

to create an admin agency, congress passes a

enabling legislations

where are admin agencies spread

throughout the government ex) When Congress (or a state legislature) enacts legislation, it typically adopts a rather general statute and leaves its implementation to an administrative agency. The agency then creates the detailed rules and regulations necessary to carry out the statute. The administrative agency, with its specialized personnel, has the time, resources, and expertise to make the detailed decisions required for regulation

two different types of civil cases

(1) legal case --Where there is a legal remedy, and the remedy is damages (money) --When you sue for money which is the usual case, it is a civil legal case --Could have a jury --Standard of proof is the ponderance of the evidence - 50+% --Much easier to get money from someone than it is to incriminate them (2) equity case -Equitable remedies --Considered to be extraordinary remedies because they ar remedies other than money --Usually, money does it, but there are some cases where money is not the answer to everything --Example of equitable remedy: --Injuction- means stop doing something (restraiing orders, temporary injunctions, all mean stop) ---Rescission ----Specific performance ----Reformation -----Have to do with contract law -Mandameous: means go. Its mandatory, you have to do it. (if im a corporation and i declare a dividend and dont distribute it, a stockholder cna go to court and order a amndemous)

what is required for a BFP?

(1. someone who gives the value 2. In good faith 3. Without notice).

name of torts and what are different

- Names of the torts and names of the crimes are different -Robbery is a crime, but I cant sue you for robbery

how much Co2 are we dumping into the atmosphere

-4 billion gallons of oil a day (15 on handout)-- dumping massive amounts of co2 into the atmosphere -How much co2 are we dumping into the atmosphere --The most prevalent is nitrogen 78% --The second most prevalent is 21% --How much is left for C02= .042% = .00042= 420 parts per million (ppm) --Almost nothing --If were dumping that much co2 into the atmosphere, how can it be that little? -->Something has to be taking it out- the ocean takes it out and everything that is green and living is taking it out (trees, plants, bushes) -- Because of H20 + C02 → C6h1206 + 02 (photosynthesis) -Do you really think that a gas that almost doesn't exist is going to end the world? --If there was no C02 we'd all be dead --We are more likely to all die from all C02 running out, than us burning up from the increase

trespass to personal property

-Anything other than real property -Real property is land -Another term for personal property is chattels

aspartame

-Aspartame is nutrisweet- artificial sweetener -Goes back to 1930s and this guys as messing w chemicals and tasted by mistake and said this is sweet -The FDA fought against it for 50 years, not allowed on the market -Until we get to 1981 --> Reagan was in 1981(republican), before him was carter (democrat) --> Changed the had of the entire bureaucracy --> Now the head is the a republican - republicans are all about money- so muhc money in nutrisweet so they decided to make it legal and its been legal ever since --> What is it about aspartame that made the FDA oppose to it for so many years? --Two amino acids- nothing wrong with that --In between those two amino acids is methanol --A from of serious poison - when its all stuck together its okay. This component breaks down though at 84F, our bodies are 98F, we are poisoning ourselves --Its not a lot of poison - but we are poisoning ourselves --There are drugs on the market that shouldnt be and drugs on the market that should be --These are being made with the Food and drug administration -Drugs that are on the market in some cases are being made in many cases because of political and economic sense -They won't take Nutrisweet off the market because there is so much money in it

DMSO

-By product of industrial production- so cheap they just throw it away -A chemical where if you put it on your skin it goes right into your bloodstream and increases blood flood --If you put dmso in the area where you are in pain then the pain goes away --The FDA denied it because you cannot blind test it --And it is dangerous. They use it for horses, but not human beings -When you go to a salad bar, do you know what chemicals they put on salad, or on the green of the golf courses?

false imprisonment

-Could not have a crime of false not imprisonment -The state of Ohio can not try you for false imprisonment -False imprisonment- Intentionally detaining someone against their will ex) It's rush week and you take a pledge tie him up and put him in a trunk. You dont have a reasonable means of escape is what leads to false imprisonment -Not when an inmate sues for being imprisonmed --> If you were wrongfully convicted, then you have to prove the government did it intentionally

battery

-Cutting someone up is touching someone with a knife is a battery -Shooting someone is touching someone with a bullet so it is a battery -Poisoning is a battery -If someone got a shot, and you tap them on the arm and then the arm falls off. That is battery -If you punch and stab someone it's probably just a battery. Assault doesn't require any touching. Assault requires fear. Maybe if you told me you were going to and I was afraid then it included assault -Dont want to use the word accident. These are not accidents. If it's an accident, then it is not battery. The jury or court has to determine if I actually tried to hurt you -All battery takes is intentional touching -Accident is not a tort because it is something you could not avoid

paul story

-Friend's uncle created a chemical that his story keeps his lawn green, it inhibits the growth hormone on the grass --You cannot get that chemical anymore- the FDA will not approve it anymore. Because there is a lot of money in mowing lawns. You will be putting other industries out of business with this chemical. Cemeteries can get this chemical not us

patent agencies

-If you get something patented you have exclusive rights to it -Guy invented a fish hook w spring and a line w hook -When you yank on the line and it caught in a log, then the line doesn't break -He hasn't gotten the line pattened because there is so much money in fish hooks and lines -Politics and economics play a role in what is in the market

-if you are suing for damanges what do you have to prove, whawt baout if you seek equitable remedies?

-If you re suing for money, damamges, you have to prove all the elements of these offsenses by the preponderance of the evidence If you seek equitable remedy you have to convince the judge of clear and convincing evidence which is a higher standard. Because there is no jury. Conversation you can only get leal remedy, all else you can get both

what kind of cases are in the quasi branch

-Not the kind of cae in a court of law because the court of law has hearsay --> Hearsay, "i will sitting in the bar and someone said joe shot sam" all you know what someone told you and is not credible evidence --> In a regular court of law hearsay is inadmissible --> In quasi hearsay, you can sue --> Quasi can impose criminal and civil penalties -In the quasi branch are important decisions made by powerful people -This is a state admin agency, you will appeal to the state appeal system if you lost -Can appeal to the regular court system

thalidomide

-Pharm companies but a lot of money into producing these chemicals- it has to be approved by the food and drug admin -Say you devleop this chemical and now it has to pass these tests -Thalidomide was developed and tested by the food and drug admin and was approved and made it on the market --> Supposed to be for women pregnant for morning sickness -->It worked for sickness but they babies were extremely deformed no arms no legs -->This came down on the FDA -->Upshot was the FDA became extremely strict/ cautious --> Under normal conditions, it would've taken 10-11 years to get those vaccines on the market -----Came out fast bc trump put in operation warp speed -->FDA was yes and no held accountable. Power protects power

Laetrile

-Supposedly an anti-cancer drug -->Came from apricot pits and cyanide (poison) --> People who had cancer took this and many people swore by it and say they were cured --> This guy came in and got thi medicine, and it wernt to the federal court of appeals and said it legal if you have cancer, u.s. Court of Appeals said nope this is illegal --> FDA is deciding what chemicals are on the market and which ones are

types of torts to economic relations

-There are 3: --> Interference, unfair competition, and dispariagment --Can vary state to state --These are the name of torts not crimes --For most torts yu can get a legal adn an equitable remember

how did admin agencies form

-There is the executive, legislative, and judicial, and they couldn't handle everything so they created enabling acts and then : --Create administrative agencies --Introduced by legislature

parts of the admin agencies

-These agencies like the FDA are like a mini-government - Administrator -Quasi-legislative branch --> They pass regulations -Quasi-judicial branch --> Resolve disputes

if BFP wont return the lawn mower what is this? what do you sue for, and how much money would you get?

-This is an unpermitted intrusion onto the property. If he won't return the lawn return it this is intruding on my lawn mower (personal property) its moveable -For trespass to personal property, its like most torts and you can get equitable and legal remedies. The reason for damages is the loss of use -->Hypothetically, you mow people's lawns with the riding mower. You can make $100 a day making people's lawns. Now it got stolen, and it took me four weeks to discover that BFP had it. And it takes me a total of 12 weeks to get it back. The loss of use is (8*7)= 5600. This is because by not returning it he cost me 8 weeks after money- I only knew he had it for 8 weeks and couldn't find it for the first four. --> Plus for trespass to personal property, you can get the equitable remedy of injunction that orders him to return the riding lawn mower to me -->You cannot get 2500, 5600, and riding lawnmowers because now you're better off than when you started. Can only get 5600 and a riding lawn mower or 2500 --> BFP committed the tort of conversion and is also trespassing on personal property. The two are very similar. But if I want 2500, I sue for conversion. If I want to get it back I have to sue for trespass because you get equitable and legal remedies.

whats your best chance at appealing and winning from an admin agency

-Your best chance is Number 9 (unconstitutionality) --Two roads of attack --Can say the enabling act was unconstitutional, and that the regulations were unconstitutional --Governments think like we have a problem lets create an agency (environment problem, let's create an agency) except when the problem rises, they are not sure how much power the agency is going to need. They are going to state the power of the agency in the most general terms to cover all the contingencies. If very general- it is too broad and too vague ---Problem with that is that if you do that with every agency, they all overlap. The powers are ill-defined, so the powers overlap. Wehn you have overlapping power that's not well coordinated --Nobody has the power or foresight to go back and unscramble this mess --Somewhere around 43% of the money that goes into these agencies is just wasted --A lot of admin agencies, especially at the federal leve

tresspass to land

-Your land is not just the surface of your land -When you own a piece of property, you own the surface of that land everything above that up to infinity. And you own everything below that down to the center of the earth: --> A neighbor tree who hangs over your fence, is a trespass --> A neighbor's roof on your land is a trespass --> Kick a stone on your property that's a trespass --> Spit on property that a trespass --> When an airplane flies over your property that's a trespass T-respass is an unpermitted intrusion onto someone's land

No _____ in an equity case

-jury; judge decides if you get an equitable remedy -Standard is "clear and convincing evidence" Intermediate standard around 75%

if you want your riding mower back, what do you sue for

. If i want my riding lawn mower back i dont sue for conversion, because i cant get it back i can only get money Instead of suing for conversion, i am going to sue for the next tort- trespass to personal property (chattels)

other intentional torts

1. An intentional infliction of mental and or emotional distress 2. fraud and deceit 3. invasion of privacy 4. abusive process 5. malitious prosecution

These are civil cases and the names of the crimes and the torts are different except four exceptions

1. Assualt Crime of assault and a tort of assault and they are not identical 2. Battery A lot of states that havea crime and a tort of battery 3. Nuance Crime of nucance and a tort 4. Tresspass Crime of tresspas and a tort -You cannot sue someone for murder or drunk driving -False improsionment may sound like a crime but it is not it is a tort. State of ohio can never charge you with it but you can be sued. Names of crime and torts then

three major categories of torts

1. Intentional torts 2. Negligence 3. Strict liability -- Two kins of fault are 1 &2. I can intentionally injure to you and negligent injury you --There are no fault torts where you can sue someone when they are not at fault

ways to sucessfully appeal the decision of an administrative agency

1. fraud 2. abuse 3. bad faith 4. no substantial evidence 5. an intentional wrongdoing 6. arbitrary and capricious 7. malice, bribery, prejudice 8. decision was unreasonable (rarely) 9. unconstitutionality -Your chances of proving 1-7 is as close to 0 and non-existent as you can get If you can go to court and prove that the decision was unreasonable, you will still probably lose. -What does that mean? The decision of that agency is for all practical purposes final. You can appeal but you won't win. The guy who is in the regular court system doesn't know anything about biochem, so why should we second guess them? Nobody will second guess them, this problematic

how to do propaganda

1. play on people's emotions 2. conflusion

executive departments and important subagencies

1. state ( Passport Office; Bureau of Diplomatic Security; Foreign Service; Bureau of Intelligence and Research) 2. treasury (internal revenue service; U.S. Mint) 3. interior (U.S. fish and wildlife service , National Park Service; Bureau of Indian Affairs; Bureau of Land Management) 4. justice (Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Prisons; U.S. Marshals Service) 5. agriculutre (Soil Conservation Service; Agricultural Research Service; Food Safety and Inspection Service) 6. commerce (Bureau of the Census; Bureau of Economic Analysis; U.S. Patent and Trademark Office; National Oceanic and Atmospheric Administration) 7. labor (Occupational Safety and Health Administration; Bureau of Labor Statistics; Employment Standards Administration; Office of Labor-Management Standards) 8. defense (National Security Agency; Joint Chiefs of Staff; Departments of the Air Force, Navy, Army) 9. housing and urban development (Government National Mortgage Association; Office of Fair Housing and Equal Opportunity) 10. transportation (Federal Aviation Administration; Federal Highway Administration; National Highway Traffic Safety Administration) 11. energy (Office of Civilian Radioactive Waste Management; Office of Nuclear Energy; Energy Information Administration) 12. health and human services (Food and Drug Administration; Centers for Medicare and Medicaid Services; Centers for Disease Control and Prevention; National Institutes of Health) 13. education (Office of Elementary and Secondary Education; Office of Postsecondary Education; Office of Vocational and Adult Education) 14. veteran affairs (Veterans Health Administration; Veterans Benefits Administration; National Cemetery Administration) 15. homeland security (U.S. Citizenship and Immigration Services; Directorate of Border and Transportation Services; U.S. Coast Guard; Federal Emergency Management Agency)

Fraud you have to prove ___ different things

6

enabling legislation

A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency.

what is in the quasi branch?

Administrative law judges, hearing officers, or trial examiner in the quasi-branch

clean air act burdens who?

Although the agency has calculated that the overall benefits of its regulations often exceed their costs, the burden on business is substantial. Business therefore has a strong incentive to try to influence the regulatory environment through lobbying.

american law review

American Law Review Takes a specific topic and gives a complete rundown of that topic for all the states

what defines an agencys legal authority

An agency's enabling statute defines its legal authority. An agency cannot regulate beyond the powers granted by the statute, and it may be required to take some regulatory action by the terms of that statute. When regulated groups oppose a rule adopted by an agency, they often bring a lawsuit arguing that the rule was not authorized by the enabling statute and is therefore void. Conversely, a group may file a suit claiming that an agency has illegally failed to pursue regulation required by the enabling statute.

defenses to intentional torts

And when you analyze these cases, if you prove your case, then i have defenses (1) lack of intent All require intent except which two: Tresspass to land Intentional infliction to 2 conset 3 privilege If you sue me for an intentional tort and prove any of these three then you are going to win Dentist gave you a shot of novican and drilled your teeth. That is a battery. That is an intentional touhcing that results in injury. Cannot sue the dentist because you gave consent

administrative law

As the number of agencies has multiplied, so have the rules, orders, and decisions that they issue. Today, there are rules covering almost every aspect of a business's operations. These regulations make up the body of administrative law.

fraud and deceit

Can refer to it as just fraud Whole bunch of requirements Has to be a misrepresentation Of a material fact Distinguish a fact from an opinion or a statement of value. In almost all cases, statements of opinion or value are not facts. If i say thats the prettiest table ive ver seen thats not true but that's my opinion. If i say type of wood it either is or isnt Knowledge or reckless indifference to the truth Had an intent to deceive I did it to decie you, you still cant sue anyone. If you sue anyone who lied you would sur everyone. The key requirement is reliance The courts will looks at a normal skeptial person and determines if they would fall for the lie If you come into my store and i say my table caem from king tuts tomb. When they tell you some complete lie it is not fraud. Has to be something a normal, reasonable, skeptical person would believe As a result of all that you were injured Because youre suing for damages, which you would be, you have to prove all 6 of these by what standard- preponderance of the evidence. If youre the plaintiff and you want to sue me for fraud, you need to prove all 6 and prove beyond the preponderance of the evidence

chances of collection with a theif

Chances of collection on a thief are low When you're in business and people stiff you, you can sue them your chances of collecting on that judgment are 22% When you go shopping you are paying in part for the people who steal. Companies look and estimate how much they'll lose from theft and then up the prices of goods for people

corpus juris seconded

Corpus Juris Seconded Covers state and federal government

dispariagment

Discrediting either the quality of someones product or their title Youre here in ox, and you go to wendys and its okay but someone made you mad and spread a rumor about wendys and now people start going there Same as defamation but harming their quality of product not reputation If you own a yacht and someone says no you dont actually own it and then it harms your credit score and that is disparagement

bad faith

Dishonest decision

defenses to tresspass

Easement: out of the way -Someone has a right to go across your property --> Telephone lines, a truck to go across your property to get to construction --> If you have a jet airplane going over your property and they are in the proper line of flight they have an easement --> A's property and B's property are separate. there is a cave under b property that leaks into a property. A said they should get some of that money from attraction because it is on their property

what do environmentalists say about humans

Environmentalists try to say humans are affecting the entire plant ex) burning fossil fuels

what powers can federal admin agencies excercise

Federal administrative agencies can exercise only those powers that Congress has delegated to them in enabling legislation. Through similar enabling acts, state legislatures create state administrative agencies.

there are criminal cases

Fine, imprisonment, and death are the possible penalities Can be entitled to a jury Standard is beyond a reasonable doubt- the highest standard somewhere close to 100%

hardest standard to prove vs easiest

Hardest one to prove is beyond a reasonable doubt, then clear and convincing evidence, then presonperdence of the evidence

interference

Has to do with interference of contract rights My bowling alley can compete with your bowling ally But i am intentionally interfering w yu business like killing you custimers or breaking your windows can get damages or injsuction

who is the owner of the stolen mower?

I am an owner of a mower, and a man is a thief. It's worth 2500 and the stealer is going to sell this to another man. The other man is a BFP. a bonafide purchaser its my riding lawn mower, now who owns the lawn mower? It's still the original owner. This is because the thief has no title. You cannot pass to a lower title.

what is the difference between a voluntary act and an intent

If there is a and b and there is a tree on b property. B wants to cut down the tree and intends it to fall on the property, but the tree falls on A property. This is trespassing

waste

Intentionally injuring someone's future interest in property

Here is a woman who has lost her husband and her name is Mildred She is 84 y/o, worked her whole life, and has a house worth 80k. What is wrong with this?

Mildred can go into a nursing home. The cost of nursing homes are very expensive. It will be well over 80k in a year. If Mildred goes into a nursing home and she's 84, it will eat up 80k, therefore the government will grab the house when she dies and it will not go to her kids. How to beat the nursing home? -If its owned by Mildred in fee simple. But she had two kids- nancy and steve. What she needed to do was put the house in nancy and steeves name. But mildred retains the life estate. Mildred can liv in that house for the rest of her life and when she dies it goes to nancy and steeve. Nancy owns 45% and Nancy and steve own 55%. If mildred goes into the nursing home, all the nursing homes can get is her life estate. But that doesn't do them any good because all they get when she dies is her life estae. From the time when, you sign that deed you get 5 years. From the date that the deed is signed if you get past 5 yeats all the nursing home will get is the life estate. Only difference is that the real estate tax bill will go to nancy and steve. But Mildred can still pay it it doesn't matter. Mildred went into nursing home in 89, and stayed until 96. Ran up a bill, and the house went to the government. And the real consequence was that nancy was okay and had a house, steve was homeless and was living in a flop house and the flop house caught on fire and he died. Mildred could have saved her sons life. Another way you can do it with a trust.

Now i happen to find out that BFP has my riding lawn mower; I tell him that mine and he refuses to return it to him. Did BFP commit larceny?

No because he did not take it he bought it fair and square. Crimes involve criminal intent and there was no intent BFP does commit the tort of conversion because he knows it is mine and will return it You can sue Will for conversion if he won't return it If you sue for conversion; you can only get a legal remedy when you sue for conversion. The legal remedy is damages. The measure of damages is the value of the item at the time he or she was deprived of it If I sue BFP, and I win how much do I win? 2500. But you dont get the mower back BFP now pays 4700 for this mower now. 2200 from the guy who stole it. Now BFP owns it it's his but he had to pay 4700 to earn ownership. No longer yours. BFB committed a tort, not a crime

invasion of privacy

Not a crime Peeping tom Ex bf that calls you 85 times a day This is a crime of telephone harassment A lot og diffent kinds of invasion of privacy

Turns out a man lives down the street form you, and you see a riding mower that looks like mine. You trespass and see that it is your lawnmower. Now what?

Now you can sue him for the tort of conversion. Now that you have proven it is your mower, you can sue for conversion. Conversion is an unusual tort. -When you sue someone for conversion, you can only get the legal remedy. Unusual because in most cases you can get an equitable and legal remedy. The legal remedy is damages. You will sue the guy who stole the mower for damages

environmentalist

Plastics in the ocean, and smog in the air are environmentalist - but all this stuff is local. Environmental issues are local and can be corrected

Personal property vs real property

Real property is land and or buildings and or fixtures -Fixture is something that becomes so associated with he real estate that it was originally personal property but now becomes personal property --> Obvious example of a fixture in this classroom is the carpet --> It was personal property but now it part of real property --> White board -------->Workers brought it in, but now its an integral part of the classroom -->Light fixtures --> Depends on how easily it will be removed -Personal property is either tangible or intangible; its moveable --> Tangible personal property is usually solid like a marker or a table or a chair. However liquids can be tangible personal property like mercury, can also be a gas like propane --> intangible property is stocks, bonds, patents, mutual funds

malitious prosecution

Some sates make a disctintion of 4 and 5 and some dont Where they do make a distinction is that 5 is an abuse of the criminal justice system and 4 is an abuse of the civil justice system Harry and i got into it and i go to the police station and said that guy broke into a store last night i saw him do it- and im a credible person. Next harry is being arrested and i made it all up. If he is found not guilty he can due me for malitoius procetuon. But you have to prove malicious intention. If you commit a crime and are found not guilty you can sue government for malicous prosecution but you have to show malicious intent Or you have a fight with harry and sue him for 30000. If harry wins bc i just made it up then he can sue me for abusive process. Also have to show malicious intent. More than just regular intent which makes it moe difficult.

federal trade commision in the federal trade comission act

The act prohibits unfair methods of competition and deceptive trade practices. It also describes the procedures that the FTC must follow to charge persons or organizations with violations of the act, and it provides for judicial review of agency orders. The act grants the FTC the power to do the following: 1. Create "rules and regulations for the purpose of carrying out the Act." 2. Conduct investigations of business practices. 3. Obtain reports from interstate corporations concerning their business practices. 4. Investigate possible violations of federal antitrust statutes. (The FTC shares this task with the Antitrust Division of the U.S. Department of Justice.) 5. Publish findings of its investigations. 6. Recommend new legislation. 7. Hold trial-like hearings to resolve certain trade disputes that involve FTC regulations or federal antitrust laws

abuse of discretion

The agency made the decision agency abuse its discretion

what is the commission that heads the FTC compopsed of ? how are they appointed?

The commission that heads the FTC is composed of five members. The president, with the advice and consent of the Senate, appoints each of the FTC commissioners for a term of seven years. The president also designates one of the commissioners to be the chair

conversion

The name of a tort not the name of a crime Intentionally depriving someone of their personal property

what does title mean. what are properties of the title

The title means ownership, a thief doesn't have it something because they stole it. There is no title. You can't pass a greater title than you actually have. A person with no title can not pass a title to someone else. If it got stolen it is not yours

what does trespass to land require

Trespass to land does not require intent; what it does require is a voluntary act

what happens with appeals of the quasi judicial

Ways to successfully appeal the decision of an administrative agency (decision of the agency (decision of the quasi-judicial) - only a recommendation to te quasi-legislative - the agency can change that decision Quasi judicial is just a jude and can maek issue of law and issues of fact. When you appeal you go back into the regular court system. These are the ways you can sucesfuly appeal

how to play on peoples emotions

What we have right one are uninformed opinions, education informs us, and then we can form intelligent opinions

how are administrative agencies created

When Congress (or a state legislature) enacts legislation, it typically adopts a rather general statute and leaves its implementation to an administrative agency. The agency then creates the detailed rules and regulations necessary to carry out the statute. The administrative agency, with its specialized personnel, has the time, resources, and expertise to make the detailed decisions required for regulation

what kind of remedies can you get in a court

You can always get both a legal remedy and an equitable remedy, in theory

Is there a situation where it is conversion and not larceny

You lend the lawn mower but refuse to return it. You did not commit larceny, but you committed the tort of larceny. Definitions of crime are not as serious as the definitions of torts

Can you have a future interest in the property?

You own a 300-acre farm. It's in A's name- one person owns it. When you own something flat out, like real estate but can be anything, you own it in fee simple. If you have a motorcycle you own it in fee simple. A can sell this property or die and leave it to someone. Let's say no matter which, this farm is going to go to B. Now B owns it in B simple. You can leave B a life estate. This would be in a will or in a deed. If B has a life estate, B can live on that property, as long as they live. But when B dies the property goes to C. So C has a future interest in that property. Wehn you have a future interest, you are a remainder man This property is worth 8$ million, but B is trashing the property so now it is only worth 5$ million. C can sue B even though B is still alive and C doesn't have it yet. C can sue b for the tort of waste, and C would win 3 million dollars. Future interest trumps current interest because this property is going to go to C and B is going to die. If C dies first, this property is going to go to C's estate.

larceny

a crime Larceny is the taking and carrying away of the personal property of another with the intent to steal it Both larceny and conversion involve personal property Assume there is a level of human behavior, at the bottom is the worse. At some point, the behavior becomes bad enough that it becomes a tort. At a certain point after that, it becomes a crime. Crimes are worse than torts. Wehn you have a crime, you almost always have a crime associated with it ex) a man drives through the neighborhood with a truck. He notices that in one of the houses he sees the garage door is open. He sees a nice lawn mower. He takes the mower. Has he committed the crime of larceny? Yes, you took it and carried it away and it was personal property. Have you committed the tort of conversion? Yes. when you have a crime you also have a tort in most cases. State of ohio will being the criminal action against him. And person will being the tort against him (this one is civil)

where is admin law created

admin agencies

what do admin agencies do to create and enforce regulations

administrative agencies at various levels of government work together and share the responsibility of creating and enforcing particular regulations.

fossil fuels are

are hydrocarbons (CnH2N+2) or CH4 (methane) More fossil fuels: Carbon dioxide is the second worst greenhouse gas, methane is the worst C2H6: ethane C3H8: propane C4H10: utane Every time that you burn gasoline, oil, coal, or natural gas, you're producing water (the third strongest greenhouse gas) and C02

who creates federal admin agencies

congress delegating some of its authority to make and implement laws, Congress can indirectly monitor a particular area in which it has passed legislation. Delegation enables Congress to avoid becoming bogged down in the details relating to enforcement—details that are often best left to specialists.

examples of assault

example) You're a crazy person with an ax and you want to chop a head off. The person ducks and you miss. Did the ax wheeler intentionally place you in fear or apprehension of immediate physical harm? Yes, it is an assault If you shoot and miss, is that an assault? Yes If you're saying you're going to shoot you with a squirt gun it could be an assault (if it looks really real could be an assault) If there is a huge guy who says he's gonna kick your ass, it can be an assault. But a small little guy says that you are not scared it is not an assault Me saying I'm going to kill you is not assault because it's not immediate if you dont have a gun and are far away, but if close could be

two types of admin agencies

executive and independent regulatory agencies

federal executive agencies

include the cabinet departments of the executive branch, which assist the president in carrying out executive functions, and the subagencies within the cabinet departments. The Occupational Safety and Health Administration, for instance, is a subagency within the U.S. Department of Labor. Executive agencies usually have a single administrator, director, or secretary who is appointed by the president to oversee the agency and can be removed by the president at any time.

climate

is the health of the entire planet. Volcanos, and asteroids are for climate

arbitrary and capricious

made a decsions on a whim and random

what levels are admin agencies at

state and local levels as well as federal ex) Commonly, a state agency (such as a state pollution-control agency) is created as a parallel to a federal agency (such as the Environmental Protection Agency).

independent regulatory agencies

such as the Federal Trade Commission and the Securities and Exchange Commission (SEC), are outside the federal executive departments (those headed by a cabinet secretary). The president's power is less pronounced in regard to independent agencies, whose officers serve for fixed terms and cannot be removed without just cause

fraud

the agency lied

no substantial evidence

there was no evidence to back this up at alll

third kind of intentional tort

to economic relations

inentional torts to the person

tresspass to land, conversion, tresspass to personal property, waste

Even if you can show that the decision of the agency is unreasonable

you still have a low chance