Legal Aspects Chp. 3

Defamation of character characteristics

1. Accusing someone of a crime 2. Accusing someone of having a loathsome disease 3. Using words that affect a person's profession or business 4. Calling a woman unchaste

To prove fraud

1. An untrue representation known to be untrue by the party making it and made w/ the intent to deceive 2. Justifiable reliance by the victim on the truth of the statement 3. Damages as a result of that reliance

Elements of Negligence

1. Duty to care 2. Breach of Duty 3. Injury 4. Causation All 4 elements must be present in order for a plaintiff to recover damages suffered as a result of a negligent act

Defendant to be successful in assumption of risk

1. The plaintiff must know and understand the risk that is being incurred 2. The choice to incur the risk must be free and voluntary

Defenses to a defamation action

1. Truth 2. Privilege

Libel or slander per se action

A court will presume that certain words and accusations cause injury to a person's reputation w/o proof of damages

Injury

A defendant may be negligent and still not incur liability if no injury or actual damages result to the plaintiff. Includes physical harm, pain, suffering, & loss of income or reputation

Strict liability

A legal doctrine that makes some persons or entity responsible for damages their actions or products cause, regardless of fault on their part. Hazardous activities

Duty

A legal obligation of care, performance, or observance, imposed on one to safeguard the rights of others

To recover damages for false imprisonment

A plaintiff must be aware of the confinement and have no reasonable means of escape

Where is the first place you look to determine if there is a duty?

A relationship

Injury

Actual damages must be established If there are no injuries, no monetary damages are due to the plaintiff

Breach of Duty

After a duty to care has been established, the plaintiff must demonstrate that the defendant breached that duty by failing to comply with the accepted standard of care

False imprisonment may occur when

An individual is physically confined to a given area reasonably fears detainment or intimidation w/o legal jurisdiction. May be applied words, threats, & gestures

Absolute privilege

Attaches to statements made during judicial & legislative proceedings as well as to confidential communication b/w spouses. Exp. on the stand in the court room testifying

Qualified privilege

Attaches to statements such as those made as a result of a legal or moral duty to speak in the interests of 3rd person & may provide a successful defense only when such statements are made in the absence of malice

The receiver of the battery does not have to be aware that battery has been committed

Characteristics of battery

Tort

Civil wrong for which the law provides a remedy. The opposite of a crime

Sovereign immunity

Common law doctrine by which federal & state govt. historically have been immune for liability for harm suffered from the tortious conduct of employees. "You can't sue the king in his own court"

Standard of care

Describes what conduct is expected of an individual in a given situation. A reasonably prudent person would do acting under the same or similar circumstances

Privilege

Differs from a defamatory statement in that the person making the communication has a responsibility to do so

Battery

Intentional touching of another person w/o their permission or consent. Violates the physical security of another

Defamation of character

Involves communication to someone other than the person defamed (3rd person) that tends to hold up that person's reputation to scorn & ridicule.

The "Burden of Proof" in a negligence case

Is not as great as the beyond a reasonable doubt standard borne by a prosecutor in a criminal case

Assumption of risk

Knowing that danger exist and voluntarily accepting the risk by exposing oneself to it, aware that harm might occur Exp. Warning sign on a cigarette package

Statue of limitation

Legislatively imposed time constraints that restrict the period after the occurrence of an injury during which a legal action must be commenced. Certain time limit in which you can sue only 2 years

Professionals held to a higher standard

Most states hold those w/ special skills to a standard of care that is reasonable in light of their special abilities and knowledge

Intentional Tort

One that is committed deliberately. The defendant intended the harmful consequences of his or her behavior. You intend the act

Slander

Oral form of defamation and tends to form prejudices against a person in the eyes of third persons.

Contributory negligence

Person does not exercise reasonable care for his or her safety, thus contributing to any injury suffered. Partial

Causation

Reasonable, close, and casual connection or relationship b/w the defendants negligent conduct & the resulting damages suffered by the plaintiff

Strict liability refers to

Responsibility w/o fault and makes possible an award of damages w/o any proof of manufacturer negligence.

Products liability

The accountability of a manufacturer, seller, or supplier of chattels to a buyer or other 3rd party for injuries sustained bc of a defect in a product

Causation

The departure from the standard of care must be the cause of the plaintiff's injury The injury must be foreseeable

Duty to care

The first requirement in establishing negligence is that the plaintiff must prove the existence of a legal relationship b/w himself & the defendant

Negligence

The omission to do something which a reasonable man, , would do. Or doing something which a prudent person and reasonable man would not do

Foreseeability

The reasonable anticipation that harm or injury is likely to result from a commission or omission of an act

Duty to care

There must be an obligation to conform to a recognized standard of care

Breach of duty

There must be deviation from the recognized standard of care There must be a failure to adhere to an obligation

True or false. Actual physical force is not necessary to constitute false imprisonment.

True

False Imprisonment

Unlawful restraint of an individual's personal liberty or confinement of an individual Ex. handcuffed or strapped to a bed

Fraud

Willful & intentional misrepresentation cause harm or loss to a person or property. Any cunning, deception, or artifice used in violation of legal or equitable

Libel

Written form of defamation. Signs, photographs, letters, etc.

Assault

a deliberate threat, coupled w/ apparent present ability to do physical harm to another. Ex. Walking to a person telling them your about to hit them w/ a sword

Negligence is either an

act or omission

Negligence must be

determined in all cases by reference to the situation and knowledge of the parties and all the attendant circumstances