Quiz 2 Study Guide

Quiz 2 Study Guide - BLaw Quiz 2 Study Guide Ch.6, 7, 9...

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BLaw Quiz 2 Study Guide Ch.6, 7, 9 Basis of Tort Law : -Torts are either intentional or negligent - Tort : civil injury designed to provide damages for injury to a protected interest. (Physical, emotional, economical injuries) -Never convicted or guilty of a tort, instead you are “judged liable” for the tort -Plaintiff is the victim, or the injured. Defendant is the tortfeasor. - Damages : (limited to the amount of assets of the defendant) Compensatory: reimburse plaintiff for actual losses Special: quantifiable losses, such as medical expenses, loss of wages, and benefits General: non-monetary, such as pain and suffering, or reputation Punitive: punish the wrongdoer False Imprisonment: - False imprisonment: intentional confinement or restraint of another person against their will within fixed boundaries. -Merchants may reasonably detain customers if there is probable cause to suspect shop lifting. Defamation: - Defamation : right to free speech is constrained by duty we owe each other to refrain from making false statements - Publication requirement: the publication (communication to a third party) of a false statement that holds an individual up to hatred, contempt or ridicule in the community -Defamation can either be in the form of libel or slander Damages for Libel: - Libel : false statement that is written down or broadcasted anywhere
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-General damages are presumed, the plaintiff does not have to show any actual injuries -General damages include compensation for disgrace, dishonor, humiliation, injury to reputation and emotional distress -Easier to prove than slander because court presumes damages Damages for Slander: Slander: Any verbal false statement (spoken not written) -Rule: Plaintiff must prove “special damages” (actual economic loss) -Exceptions: for Slander Per Se no proof of damages is necessary Loathsome disease Business improprieties Serious Crime Woman is non-chaste Ex. “whore”, “pedophile”, “terrorist” -Harder to prove than Libel Defamation- Private Person: -Elements of defamation for a private person: 1. False statement: false communication about the person 2. Publication: the communication is publish to a third party 3. Damages: person suffers damages Defamation-Public Figures: - Public figures exercise substantial governmental power or are otherwise in the public limelight -To win, they must show “ actual malice ”: statement was made with either knowledge of falsity or reckless disregard for the truth
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-Elements of Defamation for a public person: 1. False statement: false communication about the person 2. Publication: the communication is publish to a third party 3. Damages: person suffers damages 4. Actual Malice: (hard to prove) Defamation- Corporation: -A corporation can sue someone or a business entity for the tort of defamation Defenses to Defamation: -Truth is generally an absolute defense - Privileged/Immune speech : cooperating and willingly talking freely, no matter who or what they are talking about. Cannot be sued for defamation. Privileged speech is used so people are
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Quiz 2 Study Guide - BLaw Quiz 2 Study Guide Ch.6, 7, 9...

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