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Common Law Prima Facie
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Every law has elements where it’s up to the jury who wins (i.e. four elements for negligence, three for slander, etc). Judge conduct of a person that happened outside a courtroom.
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Reasonable Person Standard Tort Law
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Use the reasonable person standard. Judge conduct of the defendant against the average person.
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Appearance of Impropriety Appearance of Impropriety
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Allows a person to take what they hear and draw conclusions, looking for a situation that doesn’t exist (i.e. driving in car with secretary). Beware of idle minds because they ruin careers (could also be slander).
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Assumption of Risk Libel
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Same as slander but must be written (published to third party and causes damage). Biggest tort defense.
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Comparative Negligence Assumed Risk of Injury
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injury so they can’t recover damages; however, you must have knowledge of full risk as related to you. Measure fault between
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This note was uploaded on 09/08/2011 for the course BUL 3130 taught by Professor Tessitore during the Summer '08 term at University of Central Florida.

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Exam2-FC2 - The flashcards are formatted for printing....

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