POLI4023_Exam2_Notes - POLI 4023 Exam 2 Notes 3/17/11...

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POLI 4023 Exam 2 Notes 3/17/11 – 3/22/11 Civil Courts I. Civil Courts A. Civil courts are used to achieve dispute resolution (which is an often major functions of the court) B. Types of remedies in dispute resolution i. Damages (most common) – Ex: for money ii. Declaration – Ex: divorce 1. Now states have no fault divorces 2. In the past, in order to get a divorce, you had to prove that spouse did something wrong iii. Restitution (property) – Ex: land or car iv. Coercion (injunction) – Ex: SUNO/UNO suit 1. Injunction was to stop the study (SUNO/UNO) 2. Company stockholders II. Major Types of Cases A. Tort i. A private or civil wrong-conduct that causes injury to a person or their property 1. Fails to “measure up” to society’s standards 2. Can be charged across boundaries ii. In tort cases, the Plaintiff must establish: 1. Defendant had a legally recognized “duty to care” a. Must act as a “reasonably prudent person” b. Greater care required of business owners Ex: “Fence around your pool” (duty to care) Inviting you to use a product Asks for and offers their product up to your consumption
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2. Breach of the duty – the duty to care was violated a. The act commission or omission occurred Commission (doing something that caused an issue) Omission (neglecting to do something that in turn, causes an issue) b. the act was a breach of the standard owed Certain standard owed. Ex – if a certain standard is made and then broken 3. Proximate Cause – must show that the breach of duty was the cause of
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POLI4023_Exam2_Notes - POLI 4023 Exam 2 Notes 3/17/11...

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