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Unformatted text preview: 1. Contributory Negligence-if the plaintiff is even slightly negligent himself, he recovers nothing 2. Comparative Negligence-a plaintiff may generally recover even if she is partially negligent. 10% responsible, recover 90% of money 3. Strict Liability-a tort doctrine holding to a very high standard all those who engage in ultra hazardous activity(e.g., using explosives) or who manufacture certain products 4. Harmless Error-a trial judgment cannot do a perfect job, and not every error is fatal. The court may decide the verdict was fair in spite of the mistake 5. Reversible Error-If the court believes the error rendered the trial and verdict unfair, it will remand the case, that is, send it back to the lower court for a new trial 6. The Tort of Commercial Exploitation- 7. Methods of Alternative Dispute Resolution-Settlements, 8. Res Ipsa Loquitur- the thing speaks for itself; the facts imply that the defendants negligence caused the accident 9. Lible & Slander- Lible is written defamation; Slander is oral defamation. Elements that must be proven in a defamation case. a. Defamatory Statement b. Falseness c. Communicated d. Injury 10. Elements of Intentional Infliction of Emotional Distress- results from extreme and outrageous conduct that causes serious emotional harm 11. Crime vs. Tort-a crime is breaking rules that permit a government to punish certain behavior by fine or imprisonment. A tort is a civil wrong, committed in violation of a duty that the law imposes 12. Differences b/n Criminal and Civil Lawsuit- a. Criminal law concerns behavior so threatening that society outlaws it altogether. Most criminal laws are statutes, passed by Congress or a state legislature. b. Civil law regulates the rights and duties b/n parties. 13. An Unconstitutional Statute- 14. What is a lawyers brief?- 15. Who can be a trier of facts?- A judge or jury of peers 16. Tortious Interference with a contract- only exists if plaintiff can establish 4 elements a. There was a contract b/n the plaintiff and a third party b. The defendant knew of the contract c. The defendant improperly induce the third party to breach the contract or made performance of the contract impossible d. There was an injury to the plaintiff 17. Defamation in the court room- allowed to happen in order to find truth 18. How do treaties become source of law?- The constitution authorizes the president to make treaties with foreign nations. make treaties with foreign nations....
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- Spring '08
- Democracy in America