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SPEA-V184 Exam 3 with ANSWERS
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Fraud in the Inducement - ✔✔Fraud that occurs when the party knows what he or she is signing but has been fraudulently induced to enter into the contract Statute of Frauds - ✔✔requires certain contracts to be in writing Degree of Duty - ✔✔risk of injury; foreseeable to cause harm Standard of Care - ✔✔exercise reasonable care Proximate Cause - ✔✔compensable injury Tort Reform - ✔✔limit on what you can sue for and how much; proposed judicial change to reduce tort litigation or damages 2 kinds of Damages - ✔✔Compensatory & Punitive Compensatory Damages - ✔✔provide plaintiff w/ the monetary amount necessary to replace what was lost, nothing more
Punitive Damages - ✔✔additional damages that defendant pays for actions deemed grossly improper, ie. gross negligence (plaintiff gets 25% and state gets 75%) Strict Liability - ✔✔liability without fault; narrow area of tort (usually used against manufacturers) Gross Negligence - ✔✔voluntary disregard of reasonable care, likely to cause injury Negligence Per Se - ✔✔a category of offenses involving the violation of a statute that is designed to protect the public from a specific type of harm Escola V. Coca Cola - ✔✔Escola got a gash from a Coke bottle, Coke was found liable, Escola won using res ipsa loquitor Res Ipsa Loquitur - ✔✔"the thing speaks for itself"; the doctrine that suggests negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent Are manufacturers more likely to be responsible for damages? Why? - ✔✔Yes, they are in a better position to compensate and consumers can't check everything
Libel - ✔✔written defamation Slander - ✔✔spoken defamation Respondeat Superior - ✔✔"let the master answer"; makes an employer liable for the actions of employees, within the scope of employment When is scope outside of employment? - ✔✔when an employee substantially departs from work routine solely for their own benefit Defense of Negligence - ✔✔if plaintiff is injured to due their own negligence Comparative Fault/ Negligence (two types) - ✔✔Pure and Modified Pure Negligence - ✔✔plaintiff's negligence will reduce amount plaintiff received based on % of fault Modified Negligence - ✔✔plaintiff does not recover if they are more or equally negligent
Assumptions of Risk - ✔✔defendant can avoid liability if he can prove the plaintiff consented to the encounter because the danger was then known (either expressed or implied) Baseball Rule - ✔✔A legal defense used by baseball teams sued by fans injured by baseballs thrown or batted into the stands by players during the course of a baseball game. Baseball fans assume the risk of the obvious dangers of being struck by a thrown or batted ball during a game. Contract - ✔✔a promise that the law will enforce Contract elements - ✔✔two or more parties, lawful, offer, acceptance, consideration Legal Capacity - ✔✔age, disability, etc. Assent/ Acceptance - ✔✔requires that a 3rd party observer would agree to the terms if witnessed Not Assent if - ✔✔jokes, negotiation, promise of gift, promise of what someone is already obligated to do
Unjust Enrichment - ✔✔a legal fiction invented by common law courts in order to permit recovery where in fact there is no true contract Plain meaning rule - ✔✔the court assumes ordinary meanings and definitions Torts - ✔✔--wrongful acts for which an injured party has the right to sue (how people sue each other) --civil wrong that causes harm to person or property Torts include - ✔✔1) civil and criminal matters
- verifiable harm
- dispute over rights of person or property of gov Negligence elements - ✔✔1) Degree of Duty
- Standard of Care
- Proximate Cause Duty ==> Breach ==> Damages Unconscionable Contract - ✔✔innocent party had no bargaining power or opportunity to decline Adhesion Contract - ✔✔induced by duress or threat
Fraud in Fact - ✔✔one party tricks the other party into signing Mutual Mistake - ✔✔Pregnant Cow Case Accord and Satisfaction Defense - ✔✔defendant claims to perform a different action based on new agreement Justifiable Breach Defense - ✔✔if one party breaches the contract, the other party is excused from completion Frustration of Purpose or Terminated Duty Defense - ✔✔purpose is destroyed, so the duty to perform ends Impossibility or Impracticability Defense - ✔✔when a contract can't be completed Liquidated damages - ✔✔parties will arrive at a fair compensation Specific Performance - ✔✔performance of duty if other damages are not adequate
Misdemeanor - ✔✔punishable by a year or less in jail Prison vs Jail - ✔✔Prison is state, jail is local Felony Murder Rule - ✔✔if anyone dies during the felony, all parties involved in the crime are responsible for murder Reckless Homicide - ✔✔reckless killing of another (ex: reckless driving) Manslaughter - ✔✔killing without premeditation Two types of manslaughter - ✔✔voluntary (heat of passion) and involuntary (when committing another crime) Criminal Defenses - ✔✔Abandonment, Justifiable vs. Excusable Conduct, Involuntary Conduct, Duress, Mistake, Entrapment Abandonment - ✔✔if you plan on committing a crime but dont Justifiable vs Excusable Conduct - ✔✔Justification (ex: self-defense), Excuse (ex: insanity)
Mistake (2 types) - ✔✔Mistake of Law (didn't know law) Mistake of Fact (didn't know they were committing the crime) Entrapment - ✔✔police leads someone into a crime 4th Amendment - ✔✔Freedom from unreasonable searches and seizures 5th Amendment - ✔✔Right to remain silent 6th Amendment - ✔✔Right to a speedy trial 7th Amendment - ✔✔Right to trial by jury Exclusionary Rule Exceptions - ✔✔hot pursuit, consent, plain view, automobile, exception, reasonable, etc Probable Cause - ✔✔reasonable grounds (for making a search, pressing a charge, etc.). Reasonable Suspicion - ✔✔Evidence that justifies an officer in stopping and questioning an individual believed to be involved in criminal activity
Mapp V. Ohio - ✔✔police didnt have warrant but went into her house anyways and arrested her for evidence, court said they can't use unlawfully obtained evidence, exclusionary rule Terry v Ohio - ✔✔cop saw suspicious behavior at a store and searched them, found an illegal gun, arrested them, court found this a reasonable seizure because cops can search you if they have reasonable suspicion
