Term
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Definition
1. The existence of a duty to exercise the degree of case that a reasonable and prudent person would exercise under similar circumstances 2. A breach of that duty by a failure to adhere to the standard of reasonable conduct 3. That the reasonable conduct was the actual and proximate cause of the plaintiff's injury 4. Actual injury to the plaintiff |
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Term
Intrusion into Seclusion (conditions) |
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Definition
1. The defendant should have realized that his conduct would be offensive to a reasonable person 2. The intrusion goes beyond the limits of decency |
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Term
Intentional Infliction of Emotional Distress (guides) |
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Definition
1. The actor intended to inflict emotional distress or that he knew or should have known that emotional distress was the likely result of his conduct 2. That the conduct was "extreme and outrageous" 3. That the actions of the defendant were the cause of plaintiff's distress 4. That the emotional distress sustained by the plaintiff was "severe" and of a nature the "no reasonable man could be expected to endure it" |
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Term
Age Discrimination (case) |
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Definition
General Dynamics v. Cline retirement benefits for older workers only. ADEA not to protect younger workers |
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Term
defense to disparate treatment and then what plaintiff must prove: |
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Definition
defense: a legitimate nondiscriminatory reason for the employment decision Plaintiff: Prove the reason is a pretext for discrimination. show the defense lacks rationality and was not uniformly applied |
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Term
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Definition
violates a statute. unreasonable if: 1. the injured person is within the class protected by the statute 2. The unjury was of the type that the statute was meant to prevent mislabeled pills make guy sick = violation corrugated floor (for sanitation) makes woman trip is NOT a violation |
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Term
Trespass to Personal Property (cond) |
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Definition
(for movables) 1. Interference with the owner's right of possession (took it) 2. intent by the tortfeaser to do the act that constuted interference (inteded to) 3. Interference caused damage to the owner's property (broke it) |
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Term
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Definition
Expectation - reutrns Victim to had the contract gone through Reliance - returns Victom to had the contract never been made Restitution - puts BREACHING party where had the contract never been made s pecific performance - makes the breaching party fulfill their duty (up to the court) |
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Term
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Definition
Smith v. City of Jackson Officer pay to equalize, not a violoation of Title VII/ ADEA because there was a "reasonable factor other than age " |
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Term
Defense of Intentional Torts |
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Definition
Consent - allowed b/c someone said it was Privilege - allowed b/c of job, circumstance, w/e |
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Term
Consideration (considerations) |
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Definition
1. There is a legal detriment by the promisee
which
2. is bargained for by the promisor |
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Term
Actual and Proximate Cause |
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Definition
actual - direct and causal: would it have happened but for the actions of the defendant? proximate - was it forseeable? |
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Term
Public Disclosure of Private Facts |
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Definition
Disclosure of content to the public that was previously unknown and would be offensive in nature to a reasonable person (unpaid debt, medical pictures, sexual relations, etc.) |
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Term
Disparate Treatment (cond) |
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Definition
1. Membership in a protected Class 2. Applied and was qualified for a job for which the employer was seeking applicants 3. Was rejected, after which the employer continued to look for applicants with similar qualifications |
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Term
Reason for strict Liability |
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Definition
1. to reimburse a victim harmed by abnormally dangerous activities carried on voluntarily 2. to treat the risk as a cost of engaging in said activity |
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Term
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Definition
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Term
Bona Fide Occupational Qualification (Case) |
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Definition
United Auto Workers v. Johnson Controls
woman allowed to work with lead, it is their prerogative. to not allow it is discriminatory |
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