Term
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Definition
| Wrongful injury to a person or their property |
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Term
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Definition
| person who committed tort |
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Term
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Definition
intentional torts- intentional act that casues harm
negligence- careless, should have known better
strict liability- no intent, neg, or fault needed |
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Term
| BATTERY/ ELEMENTS OF BATTERY |
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Definition
| 1. intentional 2.act 3.that results in harmful or offensive 4. physical contact with plaintiff/person |
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Term
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Definition
| voluntarily body movement |
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Term
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Definition
"take your victim as you find them"
Ex. If a slap to the head causes death to someone with a eggshell skull, person is still liable even though a normal person would not die or have been injured by slap |
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Term
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Definition
| age, intoxication, mental defect can not be used as a defense |
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Term
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Definition
| used to define what is "offensive conduct" in torts. What a ordinary reasonable person would find as offensive |
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Term
| ASSAULT/ELEMENTS OF ASSAULT |
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Definition
1- INTENTIONAL ACT
2- GIVES PERSON REASONABLE EXPECTATION
3. OF AN IMMEDIATE
4. BATTERY |
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Term
| FALSE IMPRISONMENT/ELEMENTS |
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Definition
1- INTENTIONAL ACT (OR ACT OF OMMISSION)
2- CAUSED CONFINEMENT OR RESTRAINT
3. THROUGH FORCE OR THREAT
4. NO REASONABLE MEANS TO ESCAPE FOR APPRECIABLE AMOUNT OF TIME
(UNREASONABLE: humiliating, dangerous, disgusting, hidden) |
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Term
| FAMILY COURT AGE JURISDICTION |
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Definition
Youths 8-16 charged with offense that would be a crime if they were an adult
EXCEPTIONS 13-16 year old (murder)
14-16 year old ( serious felony 1st degree crimes) |
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Term
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Definition
| decedent who didn't have a will. In this case, a court appointed administrator will be the executor |
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Term
| NYC CIVIL COURT MONETARY JURISDICTION |
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Definition
small claims court- up to $5,000
civil court overall up to $25,000 |
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Term
| HOW MANY U.S. DISTRICT COURTS |
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Definition
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Term
| CRIMINAL AND FAMILY COURT JUDGES ARE APPOINTED BY ___________________ |
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Definition
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Term
| NY SUPREME COURT JUDGES ARE APPOINTED BY __________ |
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Definition
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Term
| NYS COURT OF CLAIMS JUDGES ARE APPOINTED BY_____________ |
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Definition
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