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JP > Final > Flashcards

Final Flashcards

1
Q

T/F

A crime and a tort can send you to jail.

A

FALSE

*only a crime can, can NOT go to jail for tort

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2
Q

T/F

A tort involves criminal acts.

A

FALSE

*torts are CIVIL acts (person vs person)

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3
Q

Which is NOT an intentional tort?

  • trespass to chattel
  • negligence
  • assaults
  • false imprisonment
A

Negligence

Intentional torts:

  • trespass to chattel
  • trespass to property
  • false imprisonment
  • conversion
  • assault
  • battery
  • intentional infliction of emotional distress (IIED)
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4
Q

Define: trespass to chattel

A 
intend to interfere with present possessory interest in another's property
AND
exercise control over it
AND
victim is deprived of it
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5
Q

Define: conversion

A

all the same as trespass to chattel…

plus, deprivation of product is permanent (like it is destroyed)

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6
Q

Define: Battery

A

intend to cause fear
OR
harmful bodily contact = actual contact

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7
Q

Define: Assault

A

intend to cause fear
OR
apprehension of an IMMINENT harmful bodily contact = no real contact

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8
Q

Define: False Imprisonment

A

intend to restrict the liberty of victim within boundaries not of the victims choosing

intend to do it
do it
AND
victim know it

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9
Q

Define: Intentional Infliction of Emotional Distress (IIED)

A 
conduct intentional OR reckless
AND
extreme OR outrageous
AND
must cause actual damage to victim
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10
Q

Define: Trespass to Land

A 
intend to enter
OR
remain upon land
OR
cause something/someone else to enter or remain upon land
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11
Q

An example of a non-intentional tort?

A

Negligence

Private and Public Nuisance

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12
Q

Legal contracts must include all except:

  • offer
  • consideration
  • counter offer
  • acceptance
A

counter offer

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13
Q

Risk management is the avoidance of _____?

A

being sued

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14
Q

What risk management practices protect you from being sued?

A
  • treating with accepted protocols
  • malpractice insurance
  • facility maintenance
  • staff education and training
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15
Q

What does LLC stand for?

A

limited liability corporation

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16
Q

What is a S Corp?

A

transition corporation between LLC and C Corp, can be a sole proprietorship or a partnership, files under subchapter S for taxes

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17
Q

What is a C Corp?

A

largest kind of corporations, shareholders still exist even when one of the company owners no longer holds any company shares

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18
Q

What does HIPAA stand for?

A

Health Insurance Portability and Accountability Act

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19
Q

T/F

It is legal to have sexual relationships with patient is some states.

A

FALSE

Never, never, never legal…in any state or anywhere

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20
Q

What state can a chiropractor deliver babies in?

A

Florida and Oregon

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21
Q

What contracts must be in writing? (MY LEGS)

A
  • marriage
  • must be completed in 1 year
  • land sale contracts
  • executorship
  • sale of goods $500+
  • suretyship (co-signer)
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22
Q

How much money can be collected without a written contract?

A

less than $500

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23
Q

Magistrate court handles claims under $____.

A

$15,000

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24
Q

What is strict liability?

A

absolute legal responsibility for an injury imposed on the wrongdoer without proof of carelessness or fault

AKA absolute liability

*ie take your pet to the office and it bites someone, you are liable

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25
Q

What is the difference between real and personal property?

A

Real property - land and things attached to it (house, barn)

Personal property - things you can take with you and are movable (tv, furniture)

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26
Q

Define: Moral turpitude

A

behavior outside the accepted norm

27
Q

Define: deposition

A

a question and answer session given under oath after a suit has been filed

28
Q

slander vs liable

A 
slander = spoken
liable = written

both are false statements with intent or reckless disregard to victim is damaged by it
* with public figures, there must be evidence of actual malice

29
Q

Lydia saw they were looking for a criminal on TV and then saw a similar looking tall woman running through the park, sincerely believing it was the wanted criminal.

  • despite having desired a benign result, Lydia had the intent required for the tall woman to file a claim of battery
  • Tall woman has a claim of battery against Lydia and Channel 2
  • Under the circumstances, the inflicted contact was not harmful
  • the tall woman does not have a case against Lydia
A

despite having desired a benign result, Lydia had the intent required for the tall woman to file a claim of battery

30
Q

Kate has dementia and Alzheimer’s, she is known to be aggressive, doctors keep her away from children. Child got loose from parents and Kate punched her. Parents want to sue for battery

  • Kate is liable - regardless of intent
  • She is liable even with her mental illness
  • She will be liable even if her mental illness caused her to be delusional
  • She is not liable
A

She will be liable even if her mental illness cause her to be delusional

***mental illness in this case does not negate the Mens Rea element of battery, intent, because she intended to hit the child, whether she was mistaken about his identity or not

31
Q

Sam and Rebecca, teenagers in love, were playing in the park. Playing tag, Rebecca caught Sam by hitting him in the jaw and breaking his tooth, unintentionally. Sam brings a battery charge

  • Sam will prevail because Rebecca striking so hard exceed scope of consent
  • Rebecca will prevail because she did not intend
  • Rebecca will prevail because agreeing constitutes consent
A

Sam will prevail because Rebecca striking so hard exceed scope of consent

*** the chief issues is implied in fact consent. Sam consented to being touched by Rebecca within the scope of the game tag. He did NOT consent to being punched in the face. Her contact with him was outside the scope of consent and constitutes battery

32
Q

Unilateral vs Bilateral contracts

A

unilateral - obligated to pay upon completing performance, “ill pay you $20 when you wash my care”

bilateral - obligated on acceptance, promise for promise, “Here’s $20, now go wash my car”

33
Q

Set up booth for practice at festival, friend sees you, visits for free spinal evaluation, upon minor palpation she has a spasm, you help with stretching and she suddenly looses eyesight. Does friend have a claim?

  • No, wasn’t adjusted
  • No, she consented to evaluation and is a friend
  • yes, medical malpractice is always foreseeable
  • yes, doctors are held to a higher standard of care than the average person
A

yes, doctors are held to a higher standard of care than the average person

34
Q

Set up booth for practice at festival, friend sees you, visits for free spinal evaluation, upon minor palpation she has a spasm, you help with stretching and she suddenly looses eyesight. Send to ER and ER doc accidentally punctures sciatic nerve while giving nerve block. Liable?

  • yes, medical malpractice is always foreseeable
  • yes, your friend wouldn’t have been there is he didn’t visit booth
  • no
A

yes, medical malpractice is always foreseeable

35
Q

Set up booth for practice at festival, friend sees you, visits for free spinal evaluation, upon minor palpation she has a spasm, you help with stretching and she suddenly looses eyesight. Send to ER and ER doc accidentally punctures sciatic nerve while giving nerve block. As a result of his injuries, he has lost his driver’s license, business goes under, can’t drive and employees loose jobs. Liable?

  • yes, he wouldn’t have lost his job but for your negligence
  • yes, you are the actual and proximate cause of him losing his job
  • No, you are not the actual and proximate cause of losing his job
  • no, damage was not forseeable
A

No, you are not the actual and proximate cause of losing his job

***you may be the actual cause, but not the proximate cause

36
Q

Leo was helping Greg warm up for the all star game, Greg wound up for a pitch when Leo sneezed and startled him. This upset caused Greg’s pitch to go wild and hit Bobby in the chest. Which must be true?

  • Greg has committed battery against Bobby because Bobby was harmed
  • Greg has committed battery against Bobby because his intention to throw the ball at Leo was transferred to Bobby
  • Greg has not committed battery against Bobby because Leo consented to having the ball thrown at him
  • Greg has not committed battery because he did not intend to harm Bobby
A

Greg has not committed battery because he did not intend to harm Bobby

***intent is necessary for battery

37
Q

Anne suffers from severe scoliosis, first contracted while in school. She sues the school board which did nothing but screen for scoliosis although there is a state statue requiring all school boards to screen all kids at least 1x per year. Her action alleges that the school board breached it’s statutory duty. What must Anne establish to succeed in such an action?

  • Anne was a member of the class that the statue was designed to protect and suffered the kind of injury that the statue was designed to prevent
  • Anne was member of a suspect class and the violation was not the least restrictive means to achieving legit government purpose
  • Anne may not have suffered from scoliosis but for the schools violation of statue and lack of testing
  • She qualifies as an eggshell plaintiff, the school is responsible for all foreseeable circumstances
A

Anne was a member of the class that the statue was designed to protect and suffered the kind of injury that the statue was designed to prevent

38
Q

Dale, a race car driver with fast reflexes and good handling skills. Driving on a suburban street, a kid runs out in the road so close in front of his car that an ordinary driver would have been unable to avoid running her down. Because his reflexes are fast, Dale could have avoided the child if he had been paying attention, however, Dale was distracted and talking on the phone so he runs the child down. Which is most accurate?

  • Dale was enlivens because a reasonable driver with his reflexes and skills would have avoided the child
  • Dale was negligent because the child had a right to be in the street
  • Dale was not negligent because a reasonable driver in his position would have been able to avoid the kid
  • Dale was not negligent because a driver of his skills is able to drive with multiple distractions
A

Dale was enlivens because a reasonable driver with his reflexes and skills would have avoided the child

39
Q

Define: bench trial

A

no jury, judge decides

40
Q

Define: brief

A

written statement presented at trial

41
Q

Define: burden of proof in civil case

A

preponderance without a doubt

42
Q

Define: burden of proof in criminal case

A

beyond a reasonable doubt

43
Q

Define: case law

A

law established in previous court decisions

44
Q

Define: class action

A

large group of people who sue for common problem

45
Q

Define: damages

A

money defendant pays plaintiff, compensatory or punitive

46
Q

Define: declaratory judgement

A

judge’s statement about someone’s rights

47
Q

Define: discovery

A

gathering evidence

48
Q

Define: due process

A

criminal = constitution right that case will receive fair trial

civil = legal rights of person facing trial

49
Q

Felony vs misdemeanor

A 
felony = 1 year +
misdemeanor = less than 1 year
50
Q

Define: injunction

A

issued to allow fact finding, court order preventing party taking more action

51
Q

Define: Nolo contendre

A

no contest

plead guilty without admitting guilt, DUI

52
Q

Define: opinion

A

judge’s written explanation of court decision

53
Q

Remand vs reverse

A

remand = send back from superior court to inferior court for retrial

reverse = superior court sets aside decision of inferior court

54
Q

Define: voir dire

A

jury selection process

55
Q

Define: writ of certiorari

A

order issued by US Supreme court directing lower court to transmit records for case it will hear on appeal

56
Q

US Constitution Amendment 6

A

speedy and public trial

57
Q

T/F

A private citizen or entity can violate your constitutional rights

A

FLASE

ONLY the government can violate constitutional rights - or if a private entity is acting in place of the state

58
Q

Most common malpractice calls?

A
  1. broken ribs

2. refunds

59
Q

Mens Rea and Actus Reus

A

Mens Rea = required mental state (intent)

Actus Reus = required action (doing it)

must be an intersection of both for a civil or criminal wrong

60
Q

Define: transferred intent

A

intend to commit one tort but is caused on another

61
Q

What are the 3 defenses to intentional torts?

A
  • consent
  • self-defense
  • necessity
62
Q

Castle Law

A

GA law: can defend self with force when intruder enters personal abode = shoot his ass

63
Q

Stand Your Ground Law

A

Treyvon Martin and Zimmerman

defendant can use unlawful force without retreating to protect self and others against threat or perceived threat

64
Q

3 parts of contracts

A
  • offer
  • acceptance
  • consideration

JP (1 decks)

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