Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
BLAW definitions
spring 2012
| Question | Answer |
|---|---|
| assault | the intentional act of putting someone in apprehension of an immediate harmful or offensive contact |
| assumption of risk | requires proof that the plaintiff had knowledge of the risk and that they voluntarily assumed the risk |
| what is one complete defense for a tort claim? | assumption of risk |
| battery | the intentional harmful or offensive touching of another without justification or consent |
| comparative fault | requires proof that the plaintiff contributed to the loss in some way (if so, their damages awarded will be reduced in proportion to the percentage of fault assigned to them) |
| what is one partial or complete defense to a negligence claim? | comparative fault |
| compensatory damages | compensate victim for their loss (intended to "make the victim whole") |
| contributory negligence | requires proof that the plaintiff contributed to the loss in some way |
| what is one complete defense to a tort claim? | contributory negligence |
| trespass | appropriation of property of another without permission. |
| conversion | wrongfully retaining possession (involves more serious interference with a property right than trespass) |
| defamation | publication of an untrue statement about another person that injures that person's reputation or character |
| disparagement | communication of an injurious falsehood about a person's property, quality of product or character and conduct of business in general |
| false imprisonment | the intentional confinement of a non-consenting individual within a bounded area for an appreciable time |
| interference with contractual rights | intentionally inducing a party to breach an existing contract with another party |
| interference with prospective business relations | actions intended to drive a competitor out of business |
| intervening/superseding causes | break the chain of causation in a negligence case. the defendant is not liable for increased damages caused by an intervening/superseding cause |
| invasion of privacy | unauthorized revelation of private facts about a person's intimate life |
| libel | written defamation |
| misrepresentation | an intentional tort requiring 4 things... |
| 1st requirement of an intentional tort | 1. misrepresentation of material facts with knowledge that they are false or a reckless disregard for the truth |
| 2nd requirement of an intentional tort | 2. intent to induce another to rely on the misrepresentation |
| 3rd requirement of an intentional tort | 3. justifiable reliance |
| 4th requirement of an intentional tort | 4. damages |
| negligence | a failure to exercise the level of care that a reasonably prudent person would exercise under the circumstances. it requires 4 things... |
| 1st requirement of negligence | 1. proof of a duty |
| 2nd requirement of negligence | 2. breach of duty |
| 3rd requirement of negligence | 3. proximate cause |
| 4th requirement of negligence | 4. damages |
| negligence per se | (in or of itself) |
| negligence per se | allows a plaintiff to use the defendant's violation of a statute to prove duty and breach of duty in a negligence case. the plaintiff must still prove proximate cause and damages. |
| personal property | tangible, moveable property and intangible property (everything but real property) |
| proximate cause | when the connection between the act and the injury is strong enough to justify imposing liability, the act is deemed to be the proximate cause of the injury |
| puffery | an exaggeration or a statement that no reasonable person would believe to be factual |
| punitive damages | damages awarded to punish the defendant |
| real property | land and everything attached to it |
| res ipsa loquitur | "the thing speaks for itself" |
| res ipsa loquitur | creates a presumption of negligence if the injury is one that ordinarily does not occur in the absence of negligence |
| slander | spoken defamation |
| slander of quality | publication falsely stating that a business's products are defective in some way |
| slander of title | publication falsely stating that a business does not own the products it is trying to sell |
| tort | a wrong against an individual |
| trespass to real property | entering upon or staying on real property of another without permission |
| vicarious liability | holds a principal liable for the wrongs of its agent that occur while the agent is acting within the scope of his/her employment with the principal |
| employment-at-will doctrine | either employer or employee may terminate the employment relationship at any time for any reason unless their contract specifically provides otherwise |
| medicare | government health insurance for people 65 years or older |
| social security | a retirement, survivors, and disability insurance |
| bona fide occupational qualifications (BFOQ) | a defense to a claim of discrimination if the applicant's membership in a proteted class is a business necessity (ex: only women are allowed to work as a female dressing room assistant) |
| defenses to Title VII | -BFOQ -professionally developed aptitutde test -nondiscriminatory seniority system -performance/productivity |
| disparate impact | unintentional discrimination that occurs when the employer's policies and practices produce an adverse impact on a suspect class |
| disparate treatment | intentional discrimination that occurs when an employer intentionally utilizes discriminatoy hiring, promoting, or firing practices |
| hostile working environment | exists when a person is subjected to unwelcome sexual advances, requests for sexual favors, and oter verbal or physical conduct or communication of a sexual nature |
| quid pro quo | a type of sexual harassment that occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases, or other benefits. |
| sexual harassment | (is difficult to define) it can take the form of unwelcome seual advances or requests for sexual favors. it may be found in a quid pro quo harassment or a hostile work environment |
| adverse possession | a method of involuntary transferring title of property from the true owner to one possessing (occupying) the property adversely to the true owner |
| affimaive easement | permits the owner of the easement to use a specified portion of another's land for specific purposes |
| appurtenant easement | an easement that has both a dominant and a servient parcel. intended to benefit the land; therefore run with the land. ex: a righ of way |
| assignment | conveys he right to possess the entire premises for the remainder of the term |
| community property | all property acquired by a couple during their marriage (except by gift or inheritance) |
| concurrent ownership | two or more people hold ownership rights in property simultaneously |
| deed | a document evidencin a transfer of title to real property |
| dominant parcel | benefitted parcel |
| easement | the right to make use of somebody else's property without taking anything from it |
| eminentdomain | the power of the government to "take" private property for public use, safety, or convenience |
| fixed term tenancy/tenancy for years | tenancy for a speecified period of time, such as a month, a year, or a number of years |
| fee simple title | title that is potentially infinite in duration. it is the largest bundle of rights that an owner can have |
| fee simple absolute title | the largest bundle of rights that an owner can have in real property. potentially infinite in duration, gives the owner the right to do whatever he/she wants with the real property |
| fee simple defeasible title | fee simple title that may be forfeited by the grantee. it is used by the grantor to control the use of the property. |
| fee tail title | title that will automatically pass to the grantee's children upon the grantee's death |
| fee tail male title | title that will automatically pass to the grantee's male children upon the grantee's death |
| fee tail female title | title that will automatically pass to the grantee's female children upon the grantee's death |
| fixtures | personal property tat has become affixed to real property and is thereafter treated as part of the real property |
| general warranty deed | a deed in which the grantor warrants that they have good marketable title and that tey will efend it against all other claims |
| implied warranty of habitability | an implied warranty given by the seller of a new house that the house is fit for human habitation |
| in gross easement | easement that has a servient parcel only. since they are intended to benefit a particular person or entity rather than a particular parcel of land, they do not "run" with the land. ex: utility easement |
| joint tenancy with right of survivorship | a special type of joint ownership that includes a right of survivorship so that when any one tenant does, their undivided interest passes to the surviving joint tenants |
| license | the right to enter upon the property of another an dperform a specific act or series of acts without obraining any permanent interest in the property |
| life estate | the right to possess property as long as you life |
| life estate per autre vie | (for the life of another) - the right to possess property as long as somebody else lives |
| negative easement | permits the owner to prohibit a specific use of the burdened property |
| periodic tenancy | continues on a periodic basis (week to week, etc..) with no clear termination date fixed |
| personal property | tangible moveable property and intangivle property (everyhing but real property) |
| profit | the right to enter upon somebody else's property and remove something from it |
| quitclaim deed | a deed in which the grantor makes no warranties, but simply conveys whatever he may have |
| real property | land and everything attached to it |
| servient parcel | burdened parcel |
| special warranty deed | a deed in which the grantor warrants that they have good and marketable title and that they will defend it against all persons claiming under them |
| sublease | a conveyance of less than the right to possess the entire premises for the remainder of the term. may be a conveyance of the property for a shorter time or may be a conveyance of less than all of the space |
| tenancy at sufferance | possession of property w/o right. the tenant is permitted to remain in possession of the property at the landlord's sufferance and the landlord can evict the tenant at any time |
| tenancy at will | a tenancy that either party can terminate at any time |
| tenancy by the entirety | a join tenancy between a husband and wife |
| tenancy in common | a type of tenancy in which each tenant owns an undivided interest in property |
| title | a bundle of rights...including the right to own, the right to possess/occupy, the right to enjoy and use and the right to convey |
Created by:
mimilou
Popular Business sets