Business Law Ch.6: Tort Law & Cybertorts
Slander
-intentional tort -defamation in a temporary form (i.e. speech)
Exploitation
-one of the ways invasion of privacy can be violated -occurs when 1 party uses an individual's photo, likeness, or name without permission for advertising, marketing, or publicity
F
Abuse of Power requires that the earlier case be brought without probable cause or be resolved favorable for the plaintiff. T/F
Cause in Fact
Actual Cause is also known as...
Juriscience
-the stage in a case where science & law intersect
contributory, comparative, assumption, risk
3 defenses that can be used by the defendant in a negligence case: 1. __________ negligence 2. __________ negligence 3. __________ of the ____
actual harm, breach of duty, legal duty, proximate cause
4 elements that must be present to establish negligence:
T
The "but for" test is used to find the actual cause (proximate cause). T/F
facts, data, scientific principles, facts
The Federal Rule of Evidence states an expert may testify on a scientific matter as long as: 1. testimony is based upon sufficient _____ or _____ 2. the testimony is the product of reliable ________________________ & methods 3. the witness has applied the principles & methods reliably to the _____ in the case
US Constitution
The ___________________ protects people from being tried twice for the same crime.
Defective Condition
-a product in ______________ is unreasonable dangerous to the user, to the consumer, or to property -liability for this type of product extends to the producer of the product, the wholesaler, & the retailer
End User
-a purchaser or user who is not involved in the production or the assembly of the product
Actual Cause
-cause in "fact" OR "real" cause
permanent, reputation, false, 3rd
Can bring a libel suit whenever the _____________ statement is: -damaging to their _____________ -_______ -communicated to a ____ party
privileged
Statements made by senators and representatives on the floor of Congress & statements made in a court of law are ______________.
no actual, crime, disease, improprieties, unmarried, unchaste
Individuals can bring a slander lawsuit even if they have suffered _____________ loss if the false statements fall into 1 of the following categories: 1. an accusation that the victim has committed a very serious _________ 2. an accusation that the victim has a communicable _________ 3. an accusation that the victim has engaged in ____________ in a business, trade, or profession 4. an accusation that an _________ female victim has been ___________
spite, ill will
Individuals may speak the truth without being sued successfully for defamation as long as it is done without _______ or __________.
confidential, intrusion, false light, exploitation
Invasion of privacy can be violated in several ways: -revelation of ______________ records -__________ -creating a ____________ -____________
Legal Cause
Proximate Cause is also known as...
Exemplary Damages
Punitive Damages are also known as...
F
Q. An assault involves an offensive or harmful, unprivileged touching. T/F
T
Q. Individuals may speak the truth without being sued successfully for defamation as long as it is done without spite or ill will. T/F
T
Q. Survival statutes do not allow lawsuits to be brought for libel or slander after the death of the defamed person. T/F
foreseeability test
Q. The law says there must be a final effect for which we will hold the defendant liable. The test used to determine this "last effect" is referred to as the:
F (reasonable person test)
Q. To determine if the alleged tortfeasor has met the appropriate standard of care to avoid breach of duty, the court uses the foreseeability test. T/F
Punitive
Q. _____ damages are designed to punish the tortfeasor so that similar malicious actions are avoided by others.
T
The reasonable person standard is an objective test. T/F
ridicule, contempt, hatred
To be defamatory → statement must hold the victim up to (3):
Contributory Negligence
-1 of 3 defenses that can be used by the defendant in a negligence case -defense that involves that failure of the injured party to be careful enough to ensure his/her personal safety -COMPLETELY prevents the injured party from recovering damages
Assumption of the Risk
-1 of 3 defenses that can be used by the defendant in a negligence case -involves the voluntary exposure of the victim to a known risk -an awareness of the extent of the danger is the court's primary consideration in awarding/denying damages
False Arrest
False Imprisonment in some states is also known as:
Comparative Negligence
-suggested tort reform -the responsibility of the manufacturer in a product liability case can be lessened by the degree to which the plaintiff's own negligence contributed to his/her injury
Statutes of Repose
-suggested tort reform -would establish a limit in years (usually 15 years) beyond which an injured party could not bring a lawsuit for an injury caused by a product -limitation would be placed on end users -begins to run when the product is sold
Foreseeability Test
-test used to determine the "last effect" -in determining proximate cause → court asks whether the harm that resulted from the original unreasonable conduct was foreseeable at the time of the original action
Comparative Negligence
-1 of 3 defenses that can be used by the defendant in a negligence case -requires courts to assign damages according to the degree of fault of each party -court weighs the relative degree of wrongdoing in awarding damages
Legal Duty
-1 of 4 elements that must be present to establish negligence -a determination that a ____________ exists between the parties must be made to establish liability through negligence -solely a question of whether the tortfeasor should have reasonable foreseen a risk of harm to the injured party
Double Jeopardy
-the US Constitution principle that protects people from being tried twice for the same crime -does not protect a defendant from being sued under tort law for the consequences of an action EVEN IF that defendant has already been tried for the same wrongdoing in a criminal court using criminal law
Damages
-the compensation paid to the victims of a tort
Injured Party
-the innocent party/victim of the tortfeasor
Negligence
-the part of tort law that is concerned with the compensation of accidental victims -4 elements must be present to establish _________: 1. legal duty 2. breach of duty 3. proximate cause 4. actual harm
Proximate Cause (Legal Cause)
-1 of 4 elements that must be present to establish negligence -for the tortfeasor to be held liable, the unreasonable conduct must be the __________________ of the victim's injuries -the legal connection between the unreasonable conduct & the resulting harm -uses "but for" test -says there must be a final effect for which we will hold the defendant liable
Actual Harm
-1 of 4 elements that must be present to establish negligence -the injured party in a lawsuit for negligence must show that _______________ was suffered
Breach of Duty
-1 of 4 elements that must be present to establish negligence -the judge/jury must determine whether the person accused of negligence has _______________ owed to the victim -occurs if the alleged tortfeasor has not met the appropriate standard of care → court uses the reasonable person test to determine
Strict Liability (Absolute Liability)
-NO intent required -NO negligence required -under certain circumstances the court will hold a tortfeasor liable for injuries to a victim even though the tortfeasor did not intend the harm & was not in any way negligent -generally applied when the harm results from an ultra hazardous/very dangerous activity -also applies to product liability cases -i.e. keeping wild animals
Negligence Case
-a case that requires the plaintiff to prove that the defendant caused their injuries → either through actual cause or proximate cause
Injunction
-a court order preventing someone from performing a particular act -may be requested if a tort involves a continuing problem
Violation of Duty
-in tort law, it's the 2nd element that allows liability to be imposed against an individual -this can happen intentionally, through negligence, or under the theory of strict liability
Private Information (Private Private Information)
-includes reports on personal matters, family relationships, sexual habits, employment records, medical data, & financial records
Product Liability
-a legal theory that imposes liability on the manufacturer & seller of a product produced & sold in a defective manner
Tortfeasor
-a person who commits a tort & has thus engaged in "twisted" behavior
Tort
-a private wrong that injures another person's physical well-being, emotional health, business, property, or reputation -translates to "twisted" -compensates the injured party for his/her loss -protects potential victims by deterring future behavior of this kind
Defamation
-intentional tort -any false statement communicated to others that harms a person's good name or reputation may constitute the tort of _____________ -statement must hold the victim up to ridicule, contempt, or hatred
Survival Statutes
-allow a lawsuit to be brought even if the plaintiff, or defendant, or both are deceased -brought/defended by the lawful representative of the estate of the deceased
Battery
-intentional tort -involve direct physical & psychological injury to an individual -an offensive or harmful, unprivileged touching -touching need to be harmful to be a __________ -does not always require the touching of the actual person of the victim → tortfeasor can touch something closely associated w/that victim
Paradigm
-an unchallenged world view that establishes the rules by which everyone in a particular culture things, speaks & acts
Economic Compensatory Damages
-damages that are directly quantifiable -i.e. damages awarded for lost wages, medical expenses, & expenses incurred in the repair/replacement of property
Noneconomic Compensatory Damages
-damages that result from injuries that are intangible -not directly quantifiable -i.e. damages resulting from pain & suffering, mental anguish, loss of companionship
Actual Cause (Cause in Fact)
-demonstrates that the cause (the unreasonable conduct) led to the effect (the injury to the plaintiff) -problem → there is no end to the consequences that flow from the defendant's unreasonable conduct
Real Cause
-exists in the physical universe -subject to experiments, tests, measurements, & other forms of proof -plaintiff will have to use specific evidence to demonstrate how action "A" led to effect "B"
Punitive Damages (Exemplary Damages)
-if the tortfeasor's acts are notoriously willful & malicious, court may impose these -damages above & beyond those needed to compensate the injured party -designed to punish the tortfeasor so that similar malicious actions are avoided by others
Respondeat Superior
-in tort law the courts use this to hold a business or organization liable for the torts of an employee whenever an employee commits a tort while working for that business or organization
Duty
-in tort law, it's the 1st element that allows liability to be imposed against an individual -an obligation placed on individuals because of the law
Assault
-intentional tort -involve direct physical & psychological injury to an individual -occurs when the victim is placed in fear or apprehension of immediate bodily harm by tortfeasor who has the present apparent ability to inflict that harm -no actual physical contact is needed -ESSENCE lies in the fear/apprehension that is created in the victim
False Imprisonment (False Arrest)
-intentional tort -involve direct physical & psychological injury to an individual -when 1 party prevents another party from moving about freely → the 1st party has committed _______________ -requirement: person's freedom of movement be restricted
Disparagement
-intentional tort -involves any false statement communicated to others that somehow questions the quality of property or raises uncertainty as to who has legal ownership of that property -falsehood is made about a person's property or product -plaintiff must show monetary loss to recover for ______________
Misuse of Legal Procedure
-intentional tort -occurs when 1 person brings a legal action w/malice and w/o probable cause
Intentional or Reckless Infliction of Emotional Distress
-intentional tort -occurs when an individual causes another to undergo emotional or mental suffering → even WITHOUT an accompanying physical injury -actions complained of must be extreme and outrageous and cause severe emotional suffering i.e. AIDS example
Fraudulent Misrepresentation (Fraud)
-intentional tort -occurs when false statements or actions are made by 1 party in a way that causes another party to rely on those misrepresentations & then to suffer an injury or loss as a result
Libel
-intentional tory -defamation in a permanent form (i.e. writing, movies, video cassettes, or DVDs) -can bring a ______ suit whenever the permanent statement is damaging to their reputation, is false, and is communicated to a 3rd party
Criminal Law
-involves a public wrong → a wrong that affects the entire society -when a crime is committed, govt. authorities begin a legal procedure that is designed to remove the offender from society & punish that offender to the fullest extent allowed by the law
Actual Malice
-means that the statement was made or printed either with the knowledge that it was false or with a reckless disregard for its truth or falsity
Invasion of Privacy
-occurs when 1 person unreasonable denies another person the right to be left alone -can be violated in several ways: -revelation of confidential records -intrusion -creating a false light -exploitation
Abuse of Process
-occurs when a legal procedure is used for the purpose other than that for which it is intended -there is NO requirement that the earlier case be brought without probable cause or be resolved favorable for the plaintiff -happens when a perfectly legal process is used as a pressure tactic to convince someone to do something he/she would not be inclined to do under ordinary circumstances
Creating a False Light
-one of the ways invasion of privacy can be violated -involves the publication of information about a person that paints him/her in a way that the majority of the population would see as unfavorable
Temporary Public Figures
-people who are placed against their will into the public view by some event beyond their control -i.e. disaster victims, hostages, rescuers -held to the actual malice test as long as their notoriety lasts
Wrongful Death Statutes
-preserve the right to bring a lawsuit only if the death is caused by the negligence or the intentional conduct of the person who caused the death -only family members who have lost the support of the deceased have the right to bring a wrongful death suit
Data Mining
-process that takes place when a hacker links multiple strings of data together & develops a data package that the target considers a compilation of private information, despite the public sources from which the hacker composed the package
50 Percent Rule
-rule in which an injured party found to be more than 50% negligent cannot recover any damages from the tortfeasor
Federal Rule of Evidence
-rules that states an expert may testify on a scientific matter as long as: 1. testimony is based upon sufficient facts or data 2. the testimony is the product of reliable scientific principles & methods 3. the witness has applied the principles & methods reliably to the facts in the case
Privileged Statements
-statements that are not the proper subject of a defamation lawsuit -statements made by senators and representatives on the floor of Congress & statements made in a court of law
Actual Malice Test
-under this → a public official must prove not only that they statement made or printed was false, but also that it was made with actual malice -protection given to journalists & public figures
Malicious Prosecution
-when the misuse of the legal procedure involves bringing false criminal charges
Wrongful Civil Proceedings
-when the misuse of the legal procedure involves the filing of a false civil lawsuit
defendant, plaintiff, plaintiff, plaintiff, defendant, malice
All of the following conditions must be present for a lawsuit based on misuse of legal procedure to succeed: 1. the _____________ must have brought civil or criminal charges against the __________ at an earlier time 2. the earlier case must have been resolved favorably for the ___________ 3. the ____________ must prove that the earlier case was brought by the _____________ with ___________ and without probable cause
T
An individual holds the right to his/her own likeness to make money. T/F
T
Battery does not always require the touching of the actual person of the victim. T/F
F (does not protect)
If a defendant has already been tried from the same wrongdoing in a criminal court using criminal law, double jeopardy protects a defendant from being sued under tort law for the consequences of an action. T/F
F
In assault actual physical contact is needed. T/F
T
In criminal law the courts will hold a corporation liable when an employee commits a crime on the job to benefit the corporation. T/F
F (liable)
In determining proximate cause → court asks whether the harm that resulted from the original unreasonable conduct was foreseeable at the time of the original action. If the effect was foreseeable at the time of the unreasonable conduct, the defendant is not liable for the damages that flow from that effect. T/F
actual cause, proximate cause
In negligence cases there are 2 types of causation:
plaintiff, defendant
In the case of a lawsuit, the injured party would be referred to as a ____________, and the tortfeasor would be called a ____________.
T
It is possible for a single act to be both a crime and a tort. T/F
Punitive damages
Q. What are above and beyond the damages needed to compensate the injured party, and are designed to punish the tortfeasor so that similar malicious actions are avoided by others?
A
Q. Which of the following is true of defense of contributory negligence? A. It is applicable if a victim failed to be careful enough to ensure personal safety. B. It requires courts to assign damages according to the degree of fault of each party. C. It involves the voluntary exposure of the victim to a known risk or danger. D. It is applicable if the victim is found to be more than 50 percent negligent in the case.
A
Q. Which of the following is true of tort law? A. The purpose of tort law is to compensate the injured party for his or her loss. B. The aim of tort law is to protect people from being tried twice for the same crime. C. Tort law involves a public wrong, that is, a wrong that affects the entire society. D. The objective of tort law is to remove the offender from society, and to punish him/her to the fullest extent allowed by the law.
Injunction
Q. _____ is a court order preventing the performance of an act.
Data mining
Q. _____ takes place when a hacker links multiple strings of data together and develops a package that the target considers a compilation of private information, despite the public sources from which the hacker composed the package.
Respondeat superior
Q. _____________ holds a business or organization liable for the torts of an employee whenever an employee commits a tort while working for that business or organization.
Absolute Liability
Strict Liability is also known as...
F (cannot)
Suits can be brought for libel or slander after the death of a defamed person. T/F
T
Temporary public figures are held to the actual malice test as long as their notoriety lasts. T/F
defamation, disparagement, defamation, disparagement
The difference between _____________ and ____________ is that in _____________ → the false charge is made about the victim's reputation; in ________________ → the false charge is made about a person's property or product
private, public
Tort is a __________ wrong, criminal is a __________ wrong.
T
Under common law, if someone died from another's wrongful act, then the right to bring a lawsuit also dies. T/F
T
Whether there has been an invasion of privacy depends on the level of privacy expected by that person in that situation. T/F
Strict Liability
_______________ is generally applied when the harm results from an ultra hazardous/very dangerous activity.
Proximate Cause
__________________ says there must be a final effect for which we will hold the defendant liable.
Contributory Negligence
________________________ completely prevents the injured party from recovering damages.
