UNT - BLAW 3430 Exam 2 Review PDF

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Summary

Definitions and answers, General Questions for the exam. Took this with Engler spring 2018...

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Exam 2 Review 1. the defendant was engaged in the business of selling a product such as the defective one 2. the defendant sold the product in a defective condition 3. the defective condition made the product unreasonably dangerous to the user or consumer or to his property 4. 3 Defenses against Defamation: -Truth -Constitutional (1st Amendment) -Legislative/Judicial privilege 5. 3 defenses to assault and battery: -Consent -Justification -Excuse 6. 3 Defenses to Negligence: Contributory: Partially responsible for damages; no money Comparative: contributory merged with this; fault between plaintiff and defendant; >51% Assumption risk: responsibility is acknowledged by Plaintiff or defendant, rarely happens.

7. 3 Defenses to Strict Liability: -Assumption of risk -Contributory Fault -Comparative Fault 8. 3 justifications to assault and battery: -Self, others, property -Self defense/defense of others: one can use harm to deter deadly force *can never use deadly force to protect property 9. 3 purposes of Discovery: -To eliminate surprise (avoid ambush) -To encourage settlement -To preserve testimony 10. 3 types of intentional torts (A, B, C, D, E, F, I, N, T): Against persons Against property Business torts 11. The defect in the product existed when it left the defendants hands 12. 4 Defenses to Product Liability: -Assumption of Risk -Contributory Fault -Comparative Fault -Use/Misuse of a product

13. The plaintiff sustained physical harm or property damage by using or consuming the product 14. The defective condition was the proximate cause of the injury or damage 15.6 Activities Deemed Dangerous whether you exercise all due care or not: -Keeping of Wild Animals -Crop dusting/spraying of pesticides -Mining and Blasting -Storing of explosives -Impounding or retaining water -Oil, gas, and mineral development

16.6th Amendment: Right to a jury trial in a CRIMINAL case 17.7th Amendment: Right to a jury trial in a CIVIL case, unless it involves a trial of 20 dollars or less 18.Appeal: can reverse when case comes up -Reverse: Overturn the decision -Reverse & Remand: Return to trial court and finish -Reverse & Render: Substitute own decision 19.Assault: Fear of contact constitutes assault such as mental, emotional, or psychological 6 torts: -Intent -Act/Conduct

-Fear -Immediate -Fear of harmful or offensive -Bodily Harm 20.Battery: Unseen harmful/offensive contact -Intent -Act or conduct -Bodily Harm -Harmful/offensive contact 21.Battery can occur without an assault: and an assault can occur without battery (and vice versa) 22.Breach of duty: failure to exercise reasonable care 23.Business Torts (6): -intentional interference with contract of another -Intentional interference with business relationship -Infringement -Disparagement -Fraud and misrepresentation 24.But-for Test: a person's conduct is a case of an event if the event would not have occurred but for the person's negligent conduct 25.Causation: failure to exercise reasonable care in fact cause the harm of the person sustained; (but-for test) 26.ch. 3: ... 27.ch.7: ...

28.ch. 8: ... 29.ch 22: strict liability in tort if 30.Civil procedure rules are: designed to resolve the dispute justly, promptly, and inexpensively 31.Civil wrongs: put money in your pocket 32.Civil wrongs and civil crimes: both can be considered torts 33.Closing Argument (Conduct): Plaintiff's attorney review evidence to jury and urges a verdict in favor of plaintiff -Argue high points-whos negligent, what %, amount of damages 34.Complaint (part of Pleadings): lawsuit begins when plaintiff files with clerk of the trial court 35.Conversion: an intentional act of exercising ownership of another's property without permission resulting in injury (could be economic injury) acts against persons and property intentional act with the intention to keep it 36.counter- claim: you sue the plaintiff back; plaintiff sued for 25000 in damages and you have 2000 in damages 37.Criminal law: Government interest in protection of people 38.cross claim: room mate moves out, you cant pay rent, landlord sues you, but then you turn around and sue your old room mate

39.Damages/Injury: harm sustained is of a type protected by negligent conduct 40.Defamation: intentional false statement of fact that is published or communicated to 3rd parties, that result in an injury of reputation ex: publication of a false statement that a person had committed a crime or had a loathsome disease 41.Deliberation (Conduct): Verdict is rendered 42.Discovery: 1.deposition 2. interrogatories 3. request for admission 4. request for production 5. request for mental/physical exam 43.Disparagement*****: Business defamation; only occurs with a company, business, product, or competitor 44.Duty: acting in care in all undertakings 45.A duty of care: legal; no legal duty to rescue unless you put person under risk/danger; duty to rescue if you have a special relationship, ex: teacher to student, babysitter to child 46.Emotional Distress: When a person by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another

47.False Imprisonment: UNJUSTIFIABLE DETENTION...restriction that result in injury; can be emotional/physical; you have to have detention, has to be unjustified detention 48.Foreseeability: excludes liability for harms that were sufficiently unforeseeable at the time of the tortious conduct that was not among the risks that were made negligent; held liable if harm is foreseeable *tort liability is connected to foreseeability 49.Fraud and Misrepresentation: intentional act; false statement of fact that is justifiably relied upon and made to induce a party to enter into a contract; has to be justifiably relied upon 50.Infringement: unauthorized use of another's protected work/inventions 51.Intent: does not require a hostile or evil motive 52.Intentional interference with business relationship: unreasonably interferes with ongoing business relationship; only bad if actions are predatory 53.Intentional interference with contract of another: Interfering intentionally and inducing one of the parties not to perform contract; contract has to exist - knowing of a contract between a + B and not C 54.Invasion of Privacy: Has 4 torts -appropriation of another's name/likeness without permission; (false Facebook account of someone)

-unreasonable intrusion into the seclusion of another -unreasonable public disclosure of private facts (giving out GPA to the whole class) -casting another in a false light; generally involves images, as opposed to words (photoshop) 55.Invitee: A person invited upon land as a member of the public or for a business purpose (business) -make a profit form them -owe highest duty of care -almost liable for all dangers 56.Judgement of Jury: Judge adopts verdict of jury *Judge doesn't have to adopt the verdict 57.Libel: Written defamation 58.Licensee: A person who is privileged to enter or remain on land only by virtue of the lawful possessor's consent Possessor must warn: 1. The possessor has knowledge or reason to know 2. The licensee does not and is not likely to discover

59.Litigation Stages: -Pleadings -Discovery

-Pretrial -Trial -Appeals 60.Manufacturing Defect: a product contains a defect when the product departs from its intended design even though all possible care was exercise 61.Most prominent judicial dispute resolution is: Litigation 62.Motion for Direct Verdict (Conduct): Final binding determination on the merits made by judge after a trial has begun, but before jury renders a verdict *judge can deny or accept to give verdict, if denied defendant can give evidence 63.Negligence: must have legal duty to be negligent 4 Torts -A duty of care -Breach of a duty -Causation -Damages/Injury 64.Nuisance: nontrespassory intentional act of interference with another's use or enjoyment of land or apartment ex: emission of unpleasant odors, smoke, dust, gas 65.Opening statement (Conduct): Statement about facts expected to be proved in trial

66.Palsgraf v. Long Island Railroad Co.: Did the railway have a duty for safety? Yes Was the railway responsible for the exploding fireworks package and injuries sustained by Palsgraf? No, the event was unforeseeable. *Trials court had said yes 67.Pleadings: series of responsive, formal, written statements in which each side of a lawsuit states its claims and defenses -5th and 14th amendment- need notice on papers then get an answer 68.Presentation of Evidence (Conduct): the presenting of testimony objects or documents (plaintiff) -Direct Examination: Plaintiff's witnesses testify and are asked question by plaintiff's attorney -Cross Examination: plaintiff's witnesses are then subject to answer questions by defendant's attorney 69.Pretrial Matters (6): -Motion to Compel and Sanctions (discovery motion) -Motion for Protective Order (discovery motion) -Not on Exam -Mediation/Arbitration: Mediation is non-binding, Arbitration is binding (know difference) -Motion for Summon Judgement: only for no dispute on facts -Motion in Limine (what can be asked in trial) 70.Products Liability: Impose liability on manufacturer's because they're the ones making the money

71.Service of Process (SOP) (Part of Summons): Answers must contain: -Cross claim: plaintiff sues defendant and defendant sues plaintiff in same facts -Counter Claims: plaintiff turns around and sues defendant -Affirmative Defenses: plaintiffs injuries were cause by own negligence 72.Slander: Oral defamation 73.Special Duties of Land Owners: -Tresspasser: Land owner owes no duty to trespasser, however they cannot intentionally harm -Invitee: Invite for purpose of taking money -Licensee: mailman, cops, guests; must warn them of known dangers; privileged to enter or remain on land only by virtue of the lawful possessor's consent. 74.Strict Liability (unintentional tort): absolute liability or liability without fault -law held liable on how well you do your duty ex: crop dusting, storing of explosives, em-pounding of water, keeping of wild animals, mining, blasting, oil n gas development -it is submission of risk, comparative fault, contributory fault 75.Summons: to be served upon the defendant to notify him that a suit has been brought against him; commands defendant to file an appearance (answer) by a given date or be given default judgement

76.Superseding intervening forces and events: relieves the defendant of liability for that harm 77.To preserve testimony devices: Deposition: out of court order; sworn statement taken by court reporter under sworn oath Interrogatories: series of questions that have to be answered under oath Request for Production: Production of documents and physical objects by a court ordered subpoena Request for Admission: admission of facts or denial of facts for certain things of no real consequence 78.Tort: A wrongful act 79.Torts against people: Assault Battery Defamation Emotional Distress False Imprisonment 80.Torts against property: Conversion Invasion of Privacy Nuisance Trespass 81.Trespass: intentional act of going on or remaining on land of another without permission 82.Trespasser: A person who enters or remains on the land of another without the possessor's consent or a legal privilege to do so

83.Unintent: Error, accident 84.Voir dire (Trial): examination by parties' attorney's of the potential jurors; to make sure trial and juror's opinions are fair and impartial -Challenges for Cause: UNLIMITED number, which allow the party to prevent a prospective juror from serving if the juror is biased and cannot be fair and impartial -Peremptory Challenges: LIMITED #; No cause is required to disqualify a prospective juror 85.What constitutes an assault?: Fear of contact 86.Words alone can never be: an assault...