Chapter 3 and 4 and 5

Chapter 3 and 4 and 5 - 5 Actionable 5 Actual Malice 3...

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5 Actionable 5 Actual Malice 3 3 Answer 5 Appropriation 3 arbitration 3 Arbitration Clause 5 Assault apprehension is not the same as fear 5 Assumption of risk Capable of serving as the basis of a lawsuit. An actionable claim can be pursued in a lawsuit or other court action Intentional infliction or emotional distress Outrageous conduct, resulting in emotional distress The deliberate intent to cause harm, which exists when a person makes a staement either knowing that it is false or showing a reckless disregard for whether it is true. In a defamation suit, a statemenet made about a public figure normally must be made with actual malice for the plantiff to recover damages But in this case when a statement is made about a public figure, the staement generall falls under the matters of public interest and unless it is over the top crazy lies, that it is not considered malice Alternative Dispute resolution The resolution od disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation and arbitration are forms of ADR arbitration before going to trial, it is less formal and quicke to get through the system Procedurally, a defendants response to the plaintiff's complaint either admitts the statements or allegations set forth in the complaint or denies them and outlines and defenses In tort law, the use by one person of another persomes name, likeness or other identifying characteristics without permission and for the benefit of the user Under the law, an individual'd right to privacy normally includes the right to the exclusive use of their identity The settleing of a dispute by submitting it to a disinterested third party (other than the court) who renders a decision that is (most often) legally binding a more formal method od ADR, hears disputes and imposes resolutions on the parties a clause in a contract that provides that in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court any word or action inteded to make another person fearful of immediate physical harm; a reasonably believeable threat A doctrine under which a plantiff may not recover for injuries or damages suffered from risks he or she knew of and voluntarily assumed 1) A plantiff who voluntarily enters into a risky situation knowing the risk involved will not be recovered 2) The requirements are: Knowledge of the risk & Voluntary assumption of the risk
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3 Award 3 Bankruptcy Court 5 Battery The unprivileged, intentional touching of another 4 Bill of Rights The first ten amendments to the US Constitution 3 Brief 5 Business Invitee 5 Business tort Wrongful Interference with another's business rights 5 Causation in Fact IN litigation, the amount of monetary compensation awarded to a plaintiff in a civil lawsuit as damages. In the context of alternative disputre, resolution, the decision rendered by an arbitrator the amount to be paid to the plantiff or the party that the judge finds in. An example of limited federal court.
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This note was uploaded on 02/01/2011 for the course BL 556 taught by Professor Lucybenham during the Fall '10 term at Walsh College.

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Chapter 3 and 4 and 5 - 5 Actionable 5 Actual Malice 3...

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