Term
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Definition
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Term
What type of court do you take someone to, who has committed a tort?
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Definition
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Term
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Definition
Intentional Misrepresentation of Material Fact
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Term
What is the standard of criminal court?
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Definition
Beyond a reasonable doubt
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Term
What is the standard of civil court?
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Definition
Preponderance of Evidence at a range of 50% to 75%
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Term
What does Proponderance Mean?
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Definition
The quality or fact of being greater in number, quantity, or importance.
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Term
What are examples of Intentional Torts in a business situation?
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Definition
Tortious Interference of Business Relations / Contracts
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Fraud
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Term
What makes a tort intentional?
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Definition
An intent of action, not necessarily of outcome, is involved in the performance of the tort.
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Term
How can you get away with intentional infliction of emotional distress?
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Definition
Make it seem like its a parody/satire of the individual, only works if said individual is a public figure.
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Term
What is Negligence?
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Definition
In which you should have known or have known the consequences, of your behavior that involves unreasonable risk of causing injury or damage.
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Term
To be charged with Negligence you have to do what?
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Definition
Have caused a real injury to something you were responsible to taking care of.
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Term
What is Equitable Release?
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Definition
The court forces someone to take action
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Term
What are Damages?
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Definition
Compensation paid to the winner of the case
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Term
What are Punitive Damages?
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Definition
Money someone has to spend, because they lost a court case, as punishment
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Term
Who sets Punitive Damages?
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Definition
The jury, though judges can lower them.
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Term
When do Punitive Damages come into play?
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Definition
When there is willful negligence
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Term
What is Strict Liability?
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Definition
There is no fault, no intent, no negligence, you are simply liable.
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Falls in Ultrahazardous Activities
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Falls into Product Liability
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Term
What is Product Liability?
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Definition
Liability of manufacturer and seller that causes injury to the purchaser, user, and/or bystanders.
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