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Spea v 184 Exam finial with A+ graded Answers Latest Updated 2024/2025, Exams of Law

Indiana University EastLaw

Elements of wrongdoers act (how to prove Emotional distress – ✔✔1.) Intentional or reckless 2.) Outrageous/intolerable and not generally accepted. 3.) There was a connection between the conduct and the distress. 4.) Emotional distress is severe. Tort - ✔✔a wrongful act or an infringement of a right leading to civil legal liability. If there is no verifiable harm there is no tort. Exceptions to Miranda - ✔✔Public safety concerns, voluntariness, only have to right to ask about the imminent danger (gun) Negligence per se - ✔✔use of statute to protect the public from a specific type of harm. Ex. A fire sign (look for a statue.) liability is presumed. Like the Norte Dame kid they were probably a statue that said don't work in wind, parents could have sued and most likely would have won.Strict liability - ✔✔Strict liability- intent is not an aspect. The material is ultra hazardous, high risk, not common use, stuff is likely to happens even if handle with safety.

Typology: Exams

2024/2025

Available from 10/07/2024

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Spea v 184 Exam finial with A+ graded
Answers
Elements of wrongdoers act (how to prove Emotional distress –
✔✔1.) Intentional or reckless
2.) Outrageous/intolerable and not generally accepted.
3.) There was a connection between the conduct and the distress.
4.) Emotional distress is severe.
Tort - ✔✔a wrongful act or an infringement of a right leading to civil
legal liability. If there is no verifiable harm there is no tort.
Exceptions to Miranda - ✔✔Public safety concerns, voluntariness, only
have to right to ask about the imminent danger (gun)
Negligence per se - ✔✔use of statute to protect the public from a
specific type of harm.
Ex. A fire sign (look for a statue.) liability is presumed. Like the Norte
Dame kid they were probably a statue that said don't work in wind,
parents could have sued and most likely would have won.
pf3
pf4
pf5

Partial preview of the text

Download Spea v 184 Exam finial with A+ graded Answers Latest Updated 2024/2025 and more Exams Law in PDF only on Docsity!

Spea v 184 Exam finial with A+ graded

Answers

Elements of wrongdoers act (how to prove Emotional distress – ✔✔1.) Intentional or reckless 2.) Outrageous/intolerable and not generally accepted. 3.) There was a connection between the conduct and the distress. 4.) Emotional distress is severe. Tort - ✔✔a wrongful act or an infringement of a right leading to civil legal liability. If there is no verifiable harm there is no tort. Exceptions to Miranda - ✔✔Public safety concerns, voluntariness, only have to right to ask about the imminent danger (gun) Negligence per se - ✔✔use of statute to protect the public from a specific type of harm. Ex. A fire sign (look for a statue.) liability is presumed. Like the Norte Dame kid they were probably a statue that said don't work in wind, parents could have sued and most likely would have won.

Strict liability - ✔✔Strict liability- intent is not an aspect. The material is ultra hazardous, high risk, not common use, stuff is likely to happens even if handle with safety. Look for an explosive ultra hazardous dynamite factory. Picard v. Barry Pontiac-Buick, Inc - ✔✔Assault and battery occur where the plaintiff has a reasonable fear of imminent bodily harm as a result of the defendant's conduct, and where the defendant intentionally comes into contact with something connected to the plaintiff. Womack v. Eldridge - ✔✔Womack (not connected) gets taken to court for sexual assault case. Can you get held accountable for emotional distress? Yes with the impact wrongdoers rules. Product liability - ✔✔Product liability giving a warning on product they know may cause or danger (McDonald's case was product negligence) dangerous activities - ✔✔assumption of risk it is either... 1.) Expressed: you knew it dangerous going into it 2.) Implied: like a sporting event. "Baseball rule" Ploof v. Putnam - ✔✔Ploof docked on the owner putman dock and putman claims he can't do that. Ploof did it for safety establishment the doctrine of necessity

  • if its not for the employee benefits its a intentional criminal damage gross negligence - ✔✔Negligence at higher level, very extreme doesn't use reasoning, can cause grave injury Res Ipsa Loquitur - ✔✔A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means "the facts speak for themselves." Escola v. Coca Cola - ✔✔establishes Res Ipsa Loquitor - "the thing speaks for itself" Escola was restocking cans when it exploded waitress injured when a Coca Cola bottle exploded in her hand Schafer v. Hoffman - ✔✔Schafer hits Hoffman while drunk driving and tries to escape liability because some injuries were pre-existing eggshell plaintiff rule, still liable Defendant is still liable even with pre-existing injuries (take the victim how you found them)

Contributory negligence and comparative fault defense (auto accidents)

  • ✔✔Contributory- you have fault as well, shared fault reduces rewards based on level on fault modified comparative fault- each party os responsible for damages based on percent of fault Damages in Tort - ✔✔compensatory and punitive Joint and serval liability - ✔✔Residential lease- two or more people jointly promise in same to do same things, group of students live off campus rent is up to you if they dip. Landlord holds most of the cards. Plain meaning rule - ✔✔A court is going to read a contract using normal language Nylon v. Park Doral - ✔✔3 girls from IU and and one girl moves out causing the other to have to pick up on the rent. Court orders to pay late fees, attorneys, and late rent. Reliance Damages - ✔✔Are damages awarded to someone who suffered economic harm for acting on party who fulfill their side of the contract.