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B Law Midterm
B-Law
30
Law
Undergraduate 3
02/23/2011

Additional Law Flashcards

 


 

Cards

Term
Citizenship
Definition
Where you are and/or intend to remain
Term
Corporation Citizenship
Definition

State of Incorporation

Principle place of business

(Dual Citizenship)

Term

2 kinds of law

 

Definition

Codified-in a book written down by legislature

Common- likely

Term
Contracts must have..
Definition

Offer

Acceptance

Consideration- exchange

Damages

Term

Bilateral Contract

Unilateral contract

Definition

exchange binding promise for promise

Promise for an act

Term

Defamation

 

Definition

Slander or Libel

Falsehood and reputational injury

Term
Falsehood
Definition
Assertion of fact that is false
Term
Injunction
Definition
Court order to start or stop doing something
Term
All of the Intentional Torts
Definition

1)Intentional inflistion o femotional distress

2)Assault

3)Battery

4)Invasion of privacy

5)Public disclosure of private facts

6)Intentional interference w/ contractual relations

7)Intentional interference w/ business relations

8)False Inprisonment

9)Defamation

Term
Intentional infliction of emotional distress
Definition

1)extreme and outrageous conduct

2)Severe emotional distress

Need Both!

Term

Assault

 

Definition
Words or conduct puting someone in a psition to fear imment offensive conduct
Term
Battery
Definition
uninvited offensive conduct (completion of assault)
Term
Invasion of privacy
Definition
intrusion into private affairs taht a person reasonably expets to remain private
Term
Public disclosure of private facts
Definition
Disclosing private facts
Term
Intentional interference with contractual relations
Definition
A and B have a contract and C comes and tries to get B to break contract with A
Term
Intentional interference with business relations
Definition
intimidating or prohibiting customers from going to a store
Term
False Inprisonment
Definition
confined to a space without feeling you can leave
Term
Defamation
Definition

Assertion of fact that is false and hurts reputation

Public needed must show malice

Term
Malice
Definition
Knew of falsehood acted recklessly
Term
Recklace
Definition
conscious disregard
Term
Unintentional Torts
Definition

Negligence

Recklessness

Strict Liability

Term
Negligence case needs 4 things
Definition

Duty

Breach

Causation- actual and proximate (forseeable)

Damage

Term
Negligence
Definition
duty to act with reasonable care/ standard of care
Term
Recklessness
Definition
conscious disregard of circumstances or risk
Term
Strict Liability
Definition
can sue anyone along the line
Term
Egg shell principle
Definition
negligently harm someone who is hurt way more than you would think because of preexisting condition
Term
Straw Man
Definition
useless statment propped up and knocked down non responsive
Term
Defenses in Negligence Cases
Definition

1)Comparative Negligence- both are partially liable

2)Assumption of risk

3)Open and obvious risk

4)Product Misuse

 

Term
Contract Damages
Definition

Diminished value

cost to repair

Benefit of bargain

Make whole damages

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