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Definition
| Jail time, prosecution must prove guilt beyond a reasonable doubt. |
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| Money. Plaintiff must prove defendant is liable based on the evidence (51%) |
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US Cons.
Statutory Law
Common Law |
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| Decisions based on previous cases |
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| Makes first 10 amendments applicable to states. |
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| Well regulated militia, bear arms |
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| Process of selecting a jury |
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Definition
| Summarizes why party should win |
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Definition
| Plaintiff calls on witnesses |
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Definition
| Defendant cross examines plaintiffs witnesses |
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| Plaintiff can re-examine witnesses |
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94 District
13 Circuit of Appeals |
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Definition
| Opinions from previous courts are published in series of books |
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Definition
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Definition
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| Plaintiff and Defendant exchange info |
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| Witnesses are questioned under oath and provide VERBAL answers |
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Definition
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| Seeks answers in Written questions |
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Definition
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| Argues that there is no reason to go to trail |
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Definition
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| Conduct that is careless or intentional and that results in harm or injury to a person or property |
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Term
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Definition
| Unintentional tort that results in injury |
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Term
| 4 Elements of Negligence Claim |
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Definition
1. Duty
2. Breach
3. Causation
4. Injury |
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Term
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Definition
| Legal duty owed to a plaintiff. Depends on the relationship between the two |
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Term
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Definition
(Highest duty)- paid to use premises
Should you have known about the defect? |
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Term
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Definition
Did not pay but authorize to be there.
Did you actually know about the defect? |
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Term
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Definition
(Lowest Duty)- No permission to be there
Did you do anything to cause the injury? |
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Term
| Avila v Citrus Comm. College |
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Definition
Player hit in head by pitch claimed coaches lacked proper medical care.
Court ruled coaches owe a legal duty to persons in their care. |
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Term
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Definition
Defendant breached or failed to fulfill that legal duty.
Did your actions pose an unreasonable risk of harm? |
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Term
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Definition
Breach of duty was the cause of injuries.
Was it foreseeable that actions would cause harm? |
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Term
| Day v Ouachita Parish School Board |
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Definition
Freshmen football player injury.
Dr. tells him to take it easy.
Coach tells him to lift despite Dr. |
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Term
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Definition
Person or property was actually harmed.
Must be real and actual injury. |
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Term
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Definition
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Term
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Definition
| compensates for the value of plaintiffs injuries or damages. What kinds of compensatory damages can you think of? Medical Bills, Pain and Suffering, Emotional distress, lost wages, loss of consortium |
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Term
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Definition
| designed to punish the defendant for wrongful acts. |
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Term
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Definition
1. Plaintiff did not satisfy 4 elements of negligence
2. Plaintiff assumed the risk |
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Term
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Definition
The risk is typically associated with activity
Plaintiff knew risks and consented anyways |
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Term
| How does a Plaintiff assume risk? |
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Definition
Acknowledged in writing.(Waiver)
Risk is obvious |
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Term
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Definition
Plaintiff attends ball game and gets hit by foul ball.
Court held Red Sox had no duty since risk is obvious. |
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Term
| Love V California League of Prof Baesball |
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Definition
Team mascot distracts Plaintiff who is hit by foul ball.
Court ruled foul balls are assumed risk but mascot is not. |
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Term
| McFatridge vs. Harlem Globe Trotters |
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Definition
Plaintiff hit by basketball.
Court ruled fans do not assume risk of getting hit by ball. |
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Term
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Definition
| Intentional Hard to person/property |
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Term
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Definition
| Harmful or offensive touching |
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Term
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Definition
| threat of harmful or offensive touching |
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Definition
| Untrue damaging statement about another person |
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Definition
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Definition
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| Intentional infliction of emotional distress |
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Definition
| extreme and outrageous conduct that causes emotional distress |
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Term
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Definition
| Intentional intrusion on the private affairs of another. (Erin Andrews) |
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Term
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Definition
| Liability for harm caused by a consumer product |
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Term
| 3 Ways to bring Product Liability Claim |
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Definition
1. Negligence
2. Strict Liability
3. Breach of Warranty |
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Term
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Definition
| Product was defective and the defect caused the injury |
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Term
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Definition
| Product failed to live up to the standard of an express or implied promise |
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Term
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Definition
| taking preemptive actions to reduce the likelihood of injuries, or damage. |
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Term
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Definition
1. Money
2. Time and Effort
3. Stress
4. Image and Good Will |
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Term
| How to reduce likelihood of risk negligence claims? |
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Definition
Duty- Provide a safe environment
Breach- Make sure to following standards and regulations |
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Term
| 3 Components of Risk Management |
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Definition
1 Recogintion- thinking about potential hazards
2. Analysis- analyze the probability of potential hazard
3. Action- deciding what action to take |
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Definition
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Definition
| Take action to reduce risk |
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Definition
| Put risk of liability on someone else |
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Term
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Definition
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Term
| Four General Potential Actions of Risk |
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Definition
1. Retention
2. Treatment
3. Transfer
4. Avoidance |
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Term
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Definition
Do- have a routine
Don't fail to that routine
Do have a process of reports
Don't wait to address concerns |
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Definition
Proactive plan addressing potential emergencies at facility
-Sometimes no negligence but could depending on how you respond. |
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Definition
| College had duty to provide prompt and adequate emergency medical services |
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Definition
| Emergency situations are larger in scope than emergency action plan. |
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