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