Exam3 - Flashcards(2) - The flashcards are formatted for...

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Tortfeasor Tort
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“Wrongful act.” Commits tort.
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Restatement of Principles of Law of Torts Torts
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Committed by a person or entity resulting in injury or loss to the victim. Code for torts; states have the option to adopt them (not law)
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Intentional Torts
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Willful act that person knows or is substantially certain will cause injury to another. Presumption that you intend the natural consequences of your actions.
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General Intent 1.Assault & Battery 2. False Imprisonment 3. Defamation 4. Infliction of Emotional Distress 5. Trespass to
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Land
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Intentional torts: You intended your actions.
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Intentional Torts Specific Intent
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You intended your actions and outcome. Sound like crimes; criminal cases often overlap with the same set of facts.
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Negative Inference Higher
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Criminal cases have a ____ level of proof than civil cases because of jail time. For torts, can be formed by the courts if pleading the 5 th .
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Battery Assault
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Threat of immediate harm or offensive contact, or any action that arouses reasonable apprehension of imminent harm. The unauthorized and harmful or offensive physical contact with another person.
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Transferred Intent Doctrine Reasonable
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How the person who you’re dealing with defines it; subjective. If a person intends to injure one person but actually harms another person, the law transfers the perpetrator’s intent from the target to the actual victim.
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Transferred Intent Doctrine Criminal
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Intent does not transfer; file under a different charge. A hits C, meant to hit B; intent transfers, regardless of intention to begin with.
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Battery Assault
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A hit C, meant to hit B; B can sue for ____ if back not turned for apprehension or fear. A hit C, meant to hit B, C can sue for ____.
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Merchant Protection False Imprisonment
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Intentional confinement or restraint of another person without authority or justification and without that person’s consent.
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This note was uploaded on 08/30/2011 for the course PLA 3013 taught by Professor Carolbast during the Fall '10 term at University of Central Florida.

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Exam3 - Flashcards(2) - The flashcards are formatted for...

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