CAFF FINAL

TRAITS OF A SCAM ARTIST INVOLVING SENIORS

Clean cut, personable, boy/girl scout Inquires about the Senior's needs Offer to assist the Senior with transportation, banking, professional needs Offer gifts and free meals to the Senior "Wealthiest widows in the West"

Design defects

are present in the product before it is manufactured so from the beginning there is a defect in the product.

manufacturing defect

occurs in the course of a products manufacture or assembly.

What is lemon law?

"Generally, the lemon law covers new vehicles with serious defects/malfunctions for a certain amount of time or mileage. If your vehicle can't be fixed after a reasonable number of repair attempts by the manufacturer or its authorized dealer, you'll likely be entitled to a replacement vehicle of equal value or a total refund" (dmv.org). So if your car qualifies as a lemon the manufacture must replace your vehicle or refund you for the purchase price. In California it has to be within 18 months or 18,000 miles on the vehicle. You qualify if 2 attempts have been made by manufacture to repair a warranty problem that can result in death or serious injury however, if it's just a warranty problem it must be at least 4 times. It can also be if it has been out of service for 30 days or if problems with the car have nothing to do with abuse by the owner.

Embezzlement

- stealing something that you are lawfully in possession of it (bank teller/ cashier)

California Department of Insurance

1868 consumer protection agency Includes Consumer Services and Market Conduct: Educates consumers, mediates consumer complaints and enforces insurance laws through investigation of consumer complaints against insurers and licensees and examinations of insurer claims and underwriting files. Health Policy and Reform: Helps oversee state-level efforts to implement federal health care reform in health insurance and assists in the development of health-related policy initiatives. Rate Regulation: Analyzes and approves filings submitted by property and casualty insurers and other insurance organizations under California's statutes relating to prior approval of rates. Enforcement: Investigates criminal and regulatory violations, including fraud.

Security deposit

21 business days

Notice to move

30 day notice last day of prior month if lease is up June 1st must give notice on April 30th

Adult use of cannabis is legal in California under Prop. 64,

Adult Use of Marijuana Act (AUMA), approved by the voters on Nov 8, 2016. In general, AUMA allows adults 21 and over to possess, privately use, and give away up to one ounce of cannabis, and to cultivate no more than six plants for personal use at their residence. It also legalizes the commercial sale, distribution and production of cannabis for adult use at state-licensed facilities beginning January 1, 2018, under terms spelled out in the Medical and Adult Use of Cannabis Regulation and Safety Act (MAUCRSA) approved by the legislature in 2017. Local city and county governments can restrict or ban cannabis businesses in their jurisdiction.

What is civil liability?

Civil liability is being responsible for "actions and practices that could damage others, but which aren't criminal". It usually doesn't involve having any intention to hurt someone but harm occurred anyway. An example would be having a faulty piece of equipment at work that injures someone it was intentionally there to hurt someone it just happened to be faulty and someone got injured.

What is the EB-5 immigration process according to the article "Shortcut to the American Dream" from your text?

EB-5 immigration process is a visa program is basically a shortcut for foreign investors who want citizenship to obtain a green card by paying up to 1 million dollars.

High pressure tactics

Employing any method of marketing having the effect of or tending to induce the purchase of insurance through force, fright, threat, whether explicit or implied, or undue pressure to purchase or recommend the purchase of insurance.

PREMIUM THEFT

Failure to place business Issuing bogus policies and ID cards Failure to remit collected premium Charging unlawful fees or additional premium Premium finance fraud

What is identity theft?

Identity theft is when someone uses your information without your permission whether it is your name, social security, bank account, address etc. They might be using this information for financial gain such as stolen checks, bank information, ATM cards. While most of the time it is done for financial gain that is not always the case.

What is a tort?

Is a wrongful act or an infringement of a right leading to civil liability. There are three types of torts intentional, negligence, and strict liability. Intentional torts are intentionally committed against a person to harm them. Negligence happens when a party fails to show the kind of care a prudent person would take in the same situation and as a result someone gets injured. Strict liability torts involve someone placing another person in danger even in absence of negligence. The person is held liable for injuries caused to another person whether it was intentional or not.

What is negligence? What are the 4 elements that must be proven according to your text?

Is the "failure to do an act which a reasonably careful person would do, or the doing of an act which a reasonably careful person would not do, under the same or similar circumstances to protect oneself or others from bodily injury, death, property damage". The first element is "duty of care" which has to do when there's a relationship and one party has a legal obligation to act in a certain way. The next element is "breach" of the duty of care which is failing to show reasonable care when doing that duty. Third element is "causation" and it has two components actual cause and proximate cause. Last element is "damages" in which the injured must have suffered an injury that can be remedied by money damages.

What is arbitration?

It is considered an alternative dispute resolution so it is an alternative to filling lawsuits and going to court. Arbitration involves dealing with a legal issue in a less expensive way and more private way because as opposed to court proceedings aren't usually part of the public record. "For individuals who seek to resolve their dispute quickly and keep the details private, these considerations may prove valuable" (FindLaw) so it defiantly benefits people who want to keep their records clean and just want to resolve an issue through a contract with the other party.

What is product liability?

It refers to holding a manufacture or a seller responsible for putting a product in hands of a consumer that is defective. It is holding them liable for that defective product that has an unexpected defect or danger because it is not meeting the ordinary expectations of the consumer. Three main defect that might cause injury and rise to supplier or manufacture liability are design defects, manufacturing defects and marketing defects.

What is quackery?

It's the promotion, ignorant or fraudulent medical practices

Twisting.

Knowingly making any misleading representation or incomplete or fraudulent comparison of any insurance policies or insurers for the purpose of inducing, or tending to induce, any person to lapse, forfeit, surrender, terminate, retain, pledge, assign, borrow on, or convert any insurance policy or to take out a policy of insurance with another insurer.

Cold lead advertising

Making use directly or indirectly of any method of marketing which fails to disclose in a conspicuous manner that a purpose of the method of marketing is solicitation of insurance and that contact will be made by an insurance agent or insurance company.

SENIOR CITIZEN ABUSE

Misrepresentation Twisting & Churning Overselling High Pressure Sales Tactics Bogus Investments Beneficiary substitution

Why are recruiting incentives a violation?

Recruiting incentives are a violation because it shouldn't be about benefits in exchange for doing what they supposed to. This type of violation would only be fair if everyone was given the same benefits but unfortunately not all colleges can afford to offer these incentives, so it makes it a fair game in regards to recruiting athletes.

What is SB1336?

SB 1336 will require the patients to inform their physician for their reason for requesting medication.

Repair options

Tenant agreement to repair Repair and deduct remedy Abandonment remedy Rent withholding remedy

What was the legal issue in Hettinga vs. United States? How did the court decide? Do you agree? Why?

The legal issue in Hettinga v. United States was whether the government had violated Hettinga's right to earn a living and lawfully set prices that were lower than the minimum price set by the federal government. The court decided that it is not fair for producer-handlers such as Hettinga to have a competitive sales advantage over fully regulated handlers. Therefore, they made Hettinga raise his prices to the price required by the federal government. I agree because it is making it fair for both smaller handlers and larger ones.

What is a landlord?

The person offering something to rent (room, entire place, portion)

punitive damages

damages exceeding simple compensation and awarded to punish the defendant.

negligence

failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not. Negligence is accidental as distinguished from "intentional torts" (assault or trespass, for example) or from crimes, but a crime can also constitute negligence, such as reckless driving.

Identity theft as a "paradoxical" crime

implies that one can't really steals someone's identity. The word theft is misleading, since it implies that the victim "cannot benefit from the stolen item". In a case of identity theft, the victim is still in possession of their identity and personal information. Although someone is illegally using that information, that person technically still has their "identity". The term is just misleading because theft suggests "taking and removing of personal property with intent to deprive the rightful owner of it" and that is not always the case in identity theft situations because they aren't always depriving the owner of it

duty to warn

indicating that a party will be held liable for injuries caused to another, where the party had the opportunity to warn the other of a hazard and failed to do so.

compensatory damages

is money awarded to a plaintiff to compensate for damages, injury, or another incurred loss. Compensatory damages are awarded in civil court cases where loss has occurred as a result of the negligence or unlawful conduct of another party.

Larceny:

stealing - unlawful taking or caring away property w/ intent to perm. keep (Valet example)

What is a tenant?

the person renting

Forgery:

• signing a signature that isn't your sig. without authorization