Term
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Definition
| Intentional tort, negligence, and strict liability |
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Term
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Definition
| Intentional Torts are the torts that occur when wrongdoers engage in intentional conduct. Ex: striking another person during fight |
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Term
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Definition
| Strict liability is a kind of tort that imposes liability without regard to whether there was any intent to harm or any negligence occurred. Hazardous material, transport products (food poisoning) |
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Term
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Definition
| Must be applied when looking at emotional distress. You must require in some outrageous conduct to show emotional distress. Ex: Right after a huge surgery, the collection agency calls you while you are still recovery in the hospital. |
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Term
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Definition
| Careless actions or actions taken without thinking through their consequences, constitute negligence. |
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Term
| Negligent infliction of emotional distress |
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Definition
| When you do not actually intent to inflict emotional distress but because you were negligent you caused negligent distress. Ex: Shipping a father's ashes to a family without an urn just in a box |
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Term
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Definition
| The intentional detention of a person without the persons consent. |
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Term
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Definition
| The Shopkeepers privilege permits a shopkeeper to detain a shoplifter based on a reasonable suspicion for a reasonable time and not getting charged with false imprisonment |
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Term
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Definition
| An untrue statement made from one party to another. If you speak it its slander. If you write it s liable. |
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| Intentional Infliction of emotional distress |
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Definition
| Involving conduct that goes beyond all bounds of decency and products mental anguish in the harmed individual. Proof of outrageous conduct. |
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Term
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Definition
| Torts are actions that are not straight but crooked, civil, wrongs. A tort is an interference with someone's person or property |
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Term
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Definition
| The right of privacy is the right to be free of unreasonable intrusion into one's private affairs. The tort of invasion of privacy actually consists of three different torts: intrusion into the plaintiff's private affairs, public disclosure of private facts, and appropriation of another's name |
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Term
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Definition
1. a statement about a person's reputation, honesty, or integrity that is untrue
2. Publication
3. a statement that is directed at a particular person
4. damages that result from the statement |
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Term
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Definition
| The media enjoy a qualified privilege for stories that turn out to be false. As long as the story was not written with malice and a retraction is published then they are not guilty of defamation. |
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Term
| Slander of title/trade libel |
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Definition
| False statements made while comparing products and services are known as slander of title/ trade libel. |
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Term
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Definition
| Occurs when someone makes a false statement about another business, its products, or its liabilities |
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Term
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Definition
| Occurs when parties are not allowed the freedom to contract without interference from third parties |
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Term
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Definition
| Allows one party in litigation to recover from the otherparty that has destroyed or lost evidence the value that was lost to the case that was lost as a result |
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Term
Qualified Privilege for Employers
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Definition
| Qualified Privilege for employers who are giving "recommendations" or references for work. |
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Term
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Definition
1. Duty
2. Breach
3. Causation
4. Damage |
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Term
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Definition
| An unauthorized action with respect to a persons property. A trespass to the person is any contact with a person for which consent was not given |
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Term
| What are the differences between Felonies and Misdemeanors |
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Definition
| Offenses punishable by less that one year in prison are misdemeanors. More serious crimes including serious business crimes such as bribery and embezzlement which are punishable for more than one year are Felonies. |
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Term
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Definition
| Crime is conduct that is prohibited and punished by a government. Crimes are defined as common law or statutory law depending on their origin |
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Term
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Definition
-Contributory Negligence: simply negligence on the part of the plaintiff that is at least a partial cause of the accident and the plaintiff's resulting damage.
-Comparative Negligence: a defense that permits the determination of levels of fault for an accident and permits negligent plaintiffs to recover for their damages
- Assumption of risk: defense requires the defendant to porive that the plaintiff knew there was risk of injory in the conduct he or she undertook and decided to go forward with it anyways |
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Term
| What are the two elements of crime? |
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Definition
1. A Mental State: a mental state does not require an awareness or knowledge of guilt. In most crimes, it is sufficient that the defendant voluntarily did the act that is criminal
2. An act or omission: The conduct that when coupled with sufficient mental state, constitutes a crime is defined by specific statutes. |
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Term
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Definition
| Basically every person who commits a tort is liable for damages for the harm caused by that tort |
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Term
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Definition
| Corporations are held liable for the actions of their employees, they may also be held accountable for the failure of one of their employees to act. |
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Term
| Officers and Agents of Corporations |
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Definition
| One of the main differences between business and non business crimes is that more people in a company can be convicted for the same business crime. For nonbusiness crimes, only those who are actually involved in the act itself can be convicted of the crime. Ex: Managers can be held responsible for an employee |
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Term
| Reforming Penalties for Crimes |
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Definition
| Some regulators worry that the fines that are imposed as criminal penalties were made for a lay person or a "natural person" non for the artificial corporate person. One recommendation is to compute the fine by looking at net earnings. |
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Term
| Sarbanes-Oxley REforms to Criminal Penalties |
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Definition
| Part of the Sarbanes Oxley Act after Enron was the White Collar Crime Penalty Enhancement Act of 2002. This act increases penalties substantially |
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Term
| Indemnification of Crime Victims |
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Definition
| In a criminal prosecution penalties are paid to the government not to the victim of the crime. Some states have adopted statutes providing a limited degree of indemnification to victims of crime to compensate them for the harm or loss sustained. |
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Term
| List all White Collar Crimes |
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Definition
| Conspiracies, Crimes related to production competition and marketing, money laundering, racketeering, bribery, commercial bribery, extortion and blackmail, corrupt influence, counterfeiting, forgery, perjury, false claims and pretenses, bad checks, credit card crimes, embezzlement, obstruction of justice:Sarbanes Oxley, Common Law Crimes (larceny,robbery, burglary, arson, riots and civil disorder). |
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Term
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Definition
| WCC. An agreement between two or more people to commit an unlawful act. |
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Term
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Definition
| WCC. Knowing or willingly participating in any type of financial transaction involving unlawful proceeds whe the transaction is designed to conceal or disguise the source of funds. |
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Term
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Definition
| WCC. This act was designed to prevent individuals involved in organized crime from investing legitimate business money obtained through racketeering |
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Term
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Definition
| WCC. Bribery is the act of giving money, property, or any benefit to a particular person to influence that person's judgement in favor of the giver. |
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Term
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Definition
| WCC. Form of bribery in which an agent for another is paid or given something of value in order to make a decision on behalf of his or her principal that benefits the party paying the agent |
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Term
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Definition
| WCC. When a public officer, acting under the apparent authority of the office makes an illegal demand, the officer has committed the crime of extortion. In jurisdiction when extortion is limited to the conduct of public officials, a non-offical commits blackmail. |
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Term
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Definition
| WCC. The making, with fraudulent intent, of a document or coin that appears to be genuine but is not because the person making it did not have the authority to make it. |
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Term
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Definition
| Forgery consists of the fraudulent making or material altering of an instrument, such as a check that apparently creates or changes a legal liability of another person |
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Term
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Definition
| WCC. Consists of knowingly giving false testimony in a judicial proceeding after having been sworn or having affirmed to tell the truth |
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Term
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Definition
| WCC and Common Law Crimes (CLC). LArceny is the wrongful or fraudulent taking and carrying away of the personal property of another by any person with a fraudulent intent to deprive the owner of such property. |
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Term
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Definition
| WCW and CLC. Robbery is the taking of personal property from the presence of the victim by use of force or fear. |
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Term
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Definition
| WCW and CLC. At common law arson was willful and malicious burning of another dwelling. Basically to burn something down on purpose. |
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Term
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Definition
| WCW and CLC. Damage to property in the course of a riot or civil disorder. |
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Term
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Definition
| A Crime using a computer or with knowledge of computers |
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Term
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Definition
| Theft of hardware, theft of software, intentional damage, unauthorized use of computers, computer raiding ( taking info from computer without permission), diverted delivery by computer (changing a program so that instead of delivery good to the owner of the computer they ship it to another place is an EX), economic espionage by computer ( high level executives were taking dowloaded proprietary information from the computers to their new employers), Electronic fund crimes, circumventing copyright protection via computer, spamming. |
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Term
| 4th Amendment rights for business |
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Definition
| The 4th amendment provides that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and siezures. Search warrant must be gotten to search a business or person. The 4th amendment applies equally to individuals and businesses. |
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Term
| Exception to warrant requirement |
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Definition
| Only in emergencies such as burning building, plain view exception. |
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Term
| 5th amendment Self incrimination rights for businesses |
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Definition
| "I take the fifth" No one can be compelled to self incriminate. |
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Term
| Due process rights for businesses |
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Definition
| Due process is the right to be heard, question witnesses, and present evidence before conviction can occur. The 6th amendment assures that the trial process will happen in a timely fashion (speedy trial) |
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Term
| Disparate treatment vs disparate impact |
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Definition
Disparate treatment claim exists where an employer treats some individual less favorably than otehr because of their race, color, religion, sex, or national origin.
Disparate impact exists when an employer's seems like he or she is not disciminating but for example when they are interviewing they told someone that the job is a "mans job" then a qualified female applicant could use the disparate impact theory. |
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Term
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Definition
| A crime is a wrong that arises from a ciolation of a public buty whereas a tort is a wong that arses from a violation of a private duty. A crime is a wrong that is of such seriousness that the government must take proper steps to prosecute and punish the wrongdoer. For the person who experiences the direct harm, the act is known as a tort and for that same act, for the government it is known as a crime |
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Term
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Definition
| A form of trot liability that is very strict. When the standards of strict liaiblity are applied there are very few defenses availalbe. Strict liaibility is an absolute standard of liability impoed by the law in circumstances the courts and legislature have determined require high degrees of protection. Strict liability means that the defendant must pay back the damages is an absolute sense. |
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Term
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Definition
| Civil rights act, the equal pay act, the age discrimination act, and prevents discrimination of people with disabilities. |
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Term
| If someone is a supermarket spills water. The store has a duty to find the water and clean it up in a reasonable amount of time. If the store does not does this it breaches the duty. Because the store did not fulfill its duty it caused someone to be hurt. Then there must be damages incurred (if someone was not hurt from falling then there are no damages) if someone broke a leg then there would be damages. |
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Definition
In order to establish a claim for negligence you need
1. Duty
2. Breach
3. Causation
4. Damages |
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Term
| Paulsgraph case related to negligence |
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Definition
| two people were running for a train, conductor pulls one of them up, they drop their package, and the package had fireworks in it and they exploded. The explosion caused Mrs. Paulsgraph damages and she was standing 30 feet away. The case said that she was too far removed from the scene that there is no way that the railway station could predict and fulfill a duty to her. |
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Term
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Definition
| After you go through the 4 requirements for negligence, it does not mean that you are going to win the case/ get money. |
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Term
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Definition
| The negligence is compared between parties. There is a shared negligence. The drunk driver of a boat crashes it and the dumb drunk guy on the bow of the boat hanging off gets hurt. Both are responsible but how much? If damages amount to $100,000 and the driver is 60% negligent then he will pay $60,000 |
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Term
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Definition
| Defense to negligence. If you go sky diving you assume that there is a certain amount of risk so you cant sue the sky diving business for damages incurred while sky diving. |
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Term
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Definition
| A long time ago the government could not be sued, that is now broken down. If there is a really faulty road the government can be found guilty. Children couldn't sue parents back in the day, now they can. |
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Term
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Definition
| If you put pesticides on your field and the pesticides gets blown onto the next field thats strict liability. If you are driving a truck and it flips over and hurts something then you are liable. If you manufacture a product such as tuna fish and if the fish is contaminated and you get sick then the company is strictly liable. A design defect would also be strict liability |
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Term
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Definition
| The whole purpose was to make sure that minorities have equal opportunity in the work place and be free from discrimination. Title VII Act established in 70's. Came out of Civil Rights movement. race, religion, sex, color, and national origin are things that cannot be discriminated against. Also applies to the hiring process itself (hiring, firing, promotion, demotion etc). |
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Term
| Disparate vs Disparate Impact (Give examples) |
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Definition
Disparate: You must show proof that the employer had discriminatory motive. In other words they did an action because of your race sex ect... Ex: Hiring for a welder position, he said the position was a "man's position." If a woman applies and she does not get the job because she is a woman. The proof was what he said.
Disparate Impact: An employers policies do not actually reference your sex race etc but they have an impact or target certain classifications. The employer does not need to be acting in mean spirit, they can be acting on good faith. Ex: airlines used to say that all pilots must be 5'7. The majority and asians are not 5'7 so having a rule that you have to be 5'7 discriminates against asians and women. |
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Term
| Equal Employment Opportunities Commission |
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Definition
| President made it toOversee equal opportunity issues around the united states. If you want to file a federal claim you must first file it will EEOC as step one. You must file it within 180 days within the act being done. You must wait 60 days for the EEOC to investigate. Then you can file a lawsuit in court. |
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Term
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Definition
| Came out in the 1964 as a result of the MArch of Washington, Black rights etc. It was intended to give blacks a step up and make them equal citizens but now it is for anyone. Titles 7 includes protection against religion within a reasonable action. Under title 7 sex means gender, not sexual orientation. Title 7 DOES NOT cover sexual orientation. Before 1978, pregnant women were not covered. |
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Term
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Definition
White-includes latinos
Black
NAtive MAericans
Asians |
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