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Business Law Exam 2 Prep

a wrongful (non contractual) act that results in harm or injury to another and leads to civil liability:

tort

the wrongful interference with another's business rights and relationships:

business tort

a monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved parties

compensatory damages

a monetary award to punish the defendant and deter similar conduct in the future

punitive damages

any word or action intended to make another person fearful of immediate physical harm

assault

a false harmfulstatement in writing or another form having the quality of permanence

libel

prideful polly saying that she's the best accountant in town is an example of...

puffery

mater salestruck says that the car only has 20,000 miles on it when he knows it has 120,000 miles is an example of...

fraudulent misrepresentation

angry takes ellas book and hides it so she is unable to find it. what tort is this?

trespass to personal property

conversion

a state statute stipulating that persons who provide emergency care to someone in peril cannot be sued for negligence is a _ statute.

good samaritan

law violation of bar owners that contributes to an accident due to intoxication

dram shop act

this rule reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault

comparative negligence

the standard (burden of proof) used in a criminal case

beyond a reasonable doubt

burden of proof in most civil cases

preponderance of evidence

what elements must exist before a person can be held liable for a crime

mens rea and actus reus

wrongful intent or guilty mind

mens rea

guilty act

actus reus

unlawful entry or breaking into a building with intent to commit a felony

burglary

act of forocefully and unlawfully taking personal property of any value from another

robbery

fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another

forgery

the purchase or sale of securities on the basis of info that has not been made available to the public

insider trading

john is sentenced to five years in prision. he was convicted of what?

felony

punishment is jail for more than one year

felony

punishment is a fine or jail for less than one year

misdemeanor

if a defendant argues they were forced or compelled to commit an act...

duress

a rule that prevents evidence that is obtained illegally from being admissible at trial

exclusionary rule

designed to compensate those who have suffered a loss or injury due to another person's wrongful act

tort law

a reason offered by a defendant in an action or lawsuit as to why the plaintiff should not recover or establish what she or he seeks

defense

confinement or restraint of another person's activities without justification

false imprisonment

does not require proof of malice or prior litigation

abuse of process

when a person enters land owned by another

tresspass to land

wrongfully taking or harming personal property of another or otherwise interfering wiht the lawful owner's possession of personal property

trespass to personal property

wrongfully taking or retaining possession of an individual's personal property and placing it in the service of another

conversion

economically injurious falsehoods are made about another person's property or product

disparagement of property

false statement about another's product that caused a third party to refrain from dealing with plaintiff and causing financial loss

slander of quality (trade libel)

false statement about legal owndership of another's product resulting in financial loss

slander of title

what are types of intentional torts

trespass to land, trespass to personal property, conversion, disparagement of property

failure to exercise standard of care that reasonable person would exercise in simiilar circumstances

negligence

unintentional tort types

negligence, duty of care, causation

a plaintiff must prove these to suceed:

duty, breach, causation, and damages

duty of all persons to exercise a reasonable amount of care in their dealings with others

duty of care

doctrine under which negligence may be inferred simply because an event occured if it is type of ebent that would not occur in absence of negligence

res ipsa loquitur

action of failure to act in violation of a statutory requirement

negligence per se

act of forcefully and unlawfully takign personal property of any value from another

robbery

unlawful entry with intent to commit a felony

burglary

wrongful taking of antoher's property with intent to permenantly deprive the owner of the property

larceny

intentional burning of building

arson

fraudulent making or altering of writing that changes legal rights of another

forgery

fraudulent appropriation of funds or other property

embezzlement

purchase or sale of securities on basis of info not available to the public

insider trading

financial transactions to conceal id, source, or destination of illegally gained funds

money laundering

defenses to criminal liability

justifiable use of force, necessity, insanity, mistake, duress, entrapment, statute of limitations, immunity

reasonable grounds for believing search should be conducted or person should be arrested

probable cause

prevents evidence obtained illegally or without proper search warrant from being admissible

exclusionary rule

formal charge by grand jury that there is probably cause to believe that a named person committed a crime

indictment

a fromal accusation or complait issued in certain types of actions by a government prosecutor

information

misrepresentation knowlingly made over the internet with intention of deceiving another for the purpose of obtainign property or funds

cyber fraud

illegal use of someone's personal info to access financial resources

identity theft

perpetrator's "fish" for info on passwords through email

phishing

network of compromised computers to generate spam, relay viruses

botnets

any harmful computer program

malware

software that replicates itself to consume system resources

worm

software that replicates itself to alter files and interfere with normal operations

virus

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