Shared Flashcard Set

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Torts
Civil Wrongs
9
Law
Professional
02/21/2011

Additional Law Flashcards

 


 

Cards

Term
Defamation: Elements 5 + damages
Definition

1. Defendant must make a defamatory statement that specifically identifies the plaintiff

 

2. Publication: At least one other person besides plaintiff

 

3. Damages:

Libel- written or captured in any other format

Slander- Spoken (presumed in 4 categories)

a. statement about plaintiff's business or profession

b. statement that plaintiff has committed crime of moral turpitude

c. statements imputing unchastely to a woman

d. loathsome disease

ALL OTHERS MUST BE PROVED

 

4. Falsity of the statement

 

5. Fault

public figure = intent/recklessness

private= negligent

Term
Defenses to Defamation (4)
Definition

1. Consent

2. Truth

3. Privileges:

Absolute

Qualified

 

4. Special Cases (1st Amendment)

Public interest

Term
Six Special Cases for Negligent: Differs from Reasonable Person Standard
Definition

1. Negligence claims against children

2. Professional malpractice

3. Premises Liability

4. Statutory standards of care

5. Duties to act affirmatively

6. Negligent infliction of emotional distress

Term
Premises Liability: 4 Types
Definition

1. Undisovered Treapasser - No futy

2. Discovered/anticipated trespasser- known, mandmade, deathtrap

Artificial condition

Highly dangerous condition

Concealed

Known to landowner

 

3. Licensees (social guests)- all known traps

concealed conditon (not open or obvious)

Possessor must have prior knowledge

 

4. Invitee- Confers economic benefit- All rasonably knowable traps

Concealed condition

possessor know or could have larned through reasonable inspection

 

MARYLAND: Bare licensees are treated as discovered trespassers!

 

Term
Statutory Standard of Care
Definition
Violation of statute is ONLY EVIDENCE OF NEGLGIENCE in Maryland
Term
Duties to Act Affirmatively
Definition

No duty to rescue, but if you do, must do so as reasonable person

 

MARYLAND: Good samaritan statutes applies to only doctors/nurses; firefighters/police/EMT; Ski patrol; Achitects/Engineers during emergency

Term
Negligent Infliction of Emotional Distress
Definition

1. Near Miss: defendant placed plaintiff in zone of physical danger

 

2. Bystander: Plaintiff is contemporaneous witness to serious negligent injury on a close family member

 

3. Relationships:Plaintiff and defendant in preexisting relationship adn emotional distress is highly foreseeable consequence of carelessnes

 

Term
Proximate Cause: Was it foreseeable that breach of duty caused its consequences? 4 settled cases
Definition

1. Casing involving intervening medical negligence

 

2. Intervening negligent rescues

 

3. Intervening protection or reaction forces (pedestrians running away get hurt)

 

4. Subsequent disease or injury

Term
Affirmative Defenses: 4
Definition

1. Traditional contributory negligence

 

2. Last clear chance

 

3. Implied assumption of the risk

 

4. Comparative negligence

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