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UNT / Business / BLAW 3430 / What is an example of a punitive damage?

What is an example of a punitive damage?

What is an example of a punitive damage?

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Exam 2 Review BLAW 3430 


What is an example of a punitive damage?



Chapter 7 Intent

Two part test for the term intent

 Intent is the first element of every tort

1. Person intends act causing a consequence

2. Person acts knowing the consequence

Punitive Damages (Exemplary): Damages done over and above the amount  necessary to compensate the plaintif

-defendant’s tortious conduct has been intentional, reckless, and outrageous,  showing malice/fraudulent or evil motives

 Assault Components 

1. Intent

2. Act/Conduct

3. Puts another person in fear or apprehension (Reasonable)

4. Immediate or Imminent

5. Harmful or ofense Contact


What is an example of an unintentional tort?



6. Results in Injury

 Battery Components 

1. Intent

2. At or conduct

3. Harmful or ofense

4. Injury

-only physical

∙ You can have one without the other

Defenses to Assault and Battery

1. Consent

∙ Anticipated contact

2. Justification

∙ Self-defense, defense of others, defense of property

∙ For protection of yourself and others deadly force is reasonable for  deterred deadly force

∙ Deadly force is NEVER REASONABLE to protect property (not your  home). Only reasonable force is.


What happens when you get a default judgment?



3. Excuse

 Conversion: Unlawful or illegal appropriation of another person’s property that  results in an injury If you want to learn more check out What does a replicated chromosome consist of?

-Civil theft

-It can be a tort and a crime

Ex: taking a book or another’s property and hitting someone with it

Burden of Proof: in civil cases; preponderance of the evidence

 Deformation: 

1. Intent Act (False statement of fact) “I THINK you’re a criminal” vs. “You ARE a criminal”

2. Commercial or publish to third party

3. Results in injury

  Two types of injury 

a. Injury to reputation

b. Injury internally, like mental/emotional distress

  Defenses 

1. Truth

2. Constitutional privileges (1st Amendment-Freedom of Speech) 3. Legislative/Judicial Privilege (Able to seek to uncover truth in court)

Libel: TV: Radio Broadcast If you want to learn more check out What is the concept of realism?

Slander: Spoken and Oral

 Emotional Distress: 

Elements 

1. Intentional Act (Unjustified detention-mental/physical barrier to freedom if  movement) [Extremely Outrageous]

2. Results in an injury

 False Imprisonment: the act of intent-unjustifiable detaining a person against  their will within fixed boundaries-resulting in an injury

-Shoplifting cases—as long as it is reasonable and under the circumstances

Recklessness: Knows of the risk of severe emotional disturbance and doesn’t take  action to reduce

Trespass: Going or remaining upon land w/o permission

 Invasion of privacy 

1. Appropriation: unauthorized use of another’s name or likeness for one’s own  benefit-afect monetary damages [If someone performs Elvis Presley’s songs and get paid for the performance] Don't forget about the age old question of What is the purpose of gluconeogenesis?

2. Intrusion: TORT; unreasonable seclusion of another; highly ofensive, Invasion  of privacy/unwanted attention; stalking

3. Public Disclosures of public facts: TORT Doctor or teacher doesn’t have right to disclose patient/student information

4. Casting another in False Light: TORT depict another in highly ofensive  publicized matter (images that are photo shopped)

Harm to Property

Nuisance: INTENTIONAL TORT unreasonable interference w/ another’s use or  enjoyment of their land {intangible} (Loud music, Dog barking, Spotlights)

Trespass: INTENTIONAL TORT enters or remains on land in possession of another  w/o permission

Businesses 

1. Interference with a contract of another INTENT

2. Interference w/ a business relationship INTENT; have to be malice or  predator behavior

3. Disparagement: (Belittle; business defamation) one who publishes a false  statement that results in harm to another’s monetary interests if publishers know its false UNLESS TEHRE IS A COMPETITIOR (Business/company/product/competitor) Don't forget about the age old question of What does the homeodomain do?
We also discuss several other topics like How do you identify a homogeneous mixture?

4. Fraud: INTENT act of false statement of fact made w/ person to induce (Get  someone) into a contract justified relied upon injured party (rely on Carfax by used  car dealer then you can’t say they are a part of fraud) We also discuss several other topics like What the dna wraps/winds itself around?

CHAPTER 8 Unintentional Torts

*Negligence (Plaintif must prove): Unreasonable risk of harm

(Unintentional/accident/be more careful/mistake/misjudgment)

1. * A duty to care: Legal duty Imposed by law (If you drive you have to have  license, insurance, registration etc.—Stopping at lights, Stop signs)  *---No legal duty to rescue, you may have moral duty but no LEGAL duty

∙ Ex: Seen a kid in the pool drowning and you SHOULD help and not keep walking

A. You have no legal duty to care UNLESS, you have a special  relationship (loved one, Parent-Child, Troop Leader- Girl Scout,  

Teacher-student, etc.)

B. OR, If you put them in danger

 2. * Breach of Duty 

A. If Doctors, EMT, Nurses don’t save a person they are required by oath to  render aid

B. Don’t have driver’s license, insurance, driving sober, registration  3. * Cause 

∙ But-For Test: (Test for causation) Persons conduct is a cause of an  event that would not have occurred But-For the persons negligent  conduct

-Cause in actual fact

EX: Person driving w/o driver’s license is blamed because they  

breached the duty to drive lawfully

-Approximate or Legal Cause

---Only hold people legally liable or responsible for injuries that vary  reasonable relationship through the careless conduct

[Good Samaritan doesn’t hold up in court unless you’re licensed or  trained in a specific area—If Lifeguard does it wrong then they’re in  trouble]

∙ Intervening Cause: (Liable—Has to be Foreseeable consequence) An  event or act occurring after the defendants negligent conduct & causes the plaintif harm

∙ Superseding Cause: Relieves the defendant of liability for that harm  4. * D amage, Harm, or Injury $$$ 

∙ Harm to a legally protected: Plaintif must prove defendants negligent  conduct caused it

 ∙      5 Questions on test Defenses to negligence 

∙ *Assumption of the risk: know & understand risk (ex: football player  knows of risk but decides to play anyways—Consent to assault and  battery)

∙ *Contributory Negligence: Conduct on the plaintif that falls below  standard to which they should conform for their own protection and is  legal cause for plaintif harm

-If defendant had last clear chance cause to avoid injury to the plaintif  but did not avail himself  

-50% Liable then $5000 and 51% more liable then receive $0

∙ *Comparative Negligence (comparative fault or comparative  responsibility):[States who adopt comparative negligence abandons  Last Clear Chance 

-other 90% and I’m 10% award of damage is reduced 10,000 damages  mines would be 1% so $9000

Standard for emergencies: Sudden & unexpected event that calls for immediate  action and has no time to deliberate

Violation of Statue:

-Civil liability

-Unexcused violation is negligence per se; the violation shows extensive  evidence of negligent conduct

Second Restatement: Varying Duties depending on status of entrant on the land  {Special duties (owners and occupants of the land)}

Trespasser: Person who enters or remain on the land of another w/ consent or legal privilege to do so [owe no duty to care; however, cannot intentionally harm]

License: A person who is privileged to enter or remain on land only by virtue [duty  to warn of known dangers] (fire; police; neighbors or friends)

Invitee: A person invited on land-member of public or for business purposes  (people coming to me so that I can earn profit) (businesses; retail stores; garage  sales)

Third restatement: unitary duty of reasonable care to person coming on to the  land

Appellat e Court

Make

sure the

right law

and try

w/ facts

Appell

ate

Court

Make

sure the

right

law and

try w/

facts

 10th 

CHAPTER 3 CIVIL DISPUTES RESOLUTION

Supreme Court: Highest court of the land; has right to hear the case  1st; function to review decisions of the federal courts of appeal

Court of Appeal 

Federal district Courts: trial courtstry the facts

--once person can be tried in federal court and court of appeals

 Amendment 

Texas Supreme Court Court of appeal

Municipal

JP

County Districts

4  

Trial  

Court

s

Jurisdiction: Power to speak the law (Authority courts have to hear cases) Alternative Resolution methods 

1. Whose liable or at fault

2. Amount of damages

3. Solvent defendant (How much $ in end) [Insurance]

A. Negotiation

B. Voluntary mediation/Binding arbitration

 Mutual party

C. Litigation

5 Stages of Litigation 

*4 questions Pleading 

*3 questions Discovery 

*4 questions Pretrial 

*4 questions Trial 

*1 questions Appeal 

  Pleading State Federal (very strict)  Petition Complaint  EX: Negligence EX: Copy Right  

A. Issue Citation B. Issue Summons (notify defendant of  lawsuit)

Complaint: The intended lawsuit against defendant

Issue of Summons: Served upon the defendant to notify him that a suit has been  brought against him/her

Service of Process: (Plaintif sues) Deliver a notice of lawsuit to defendant 5th Amendment (Need to know so they can defend themselves)  Answer: [pg. 57]

a) “Prove It”

b) Counter Claim: Defendant sues plaintif

c) Cross Claim: Defendant sues defendant

d) Alternative defenses: Defenses of negligence

Default judgement: Defendant doesn’t respond

 Discovery of the facts (Can’t hide behind the law)

I. Avoid ambush in trial

II. Encourages settlement

III. Preserves testimony

*ON TEST 

A. Interrogatories

Written questions to opposing parties limited of 25 questions to be  answered in 30 days

B. Deposition

Out of court sworn settlement (same efect as testimony in court) C. Request for production

Driving record; all estimations of damages (Can examine any  

documents)

D. Request for admissions

Ask them to admit things to shorten trial

E. Request for physical/mental exam

Injuries proven by doctor’s examinations

 Pretrial  

1. Motions to compel and for sanction

Defendant doesn’t give what is asked of them

2. Motions for protective order

Invasion of documents-so defendant doesn’t have to show papers 3. Pretrial conference

Don’t waste judge time

4. Mediation [non-binding]

Before waste courts time they send you to mediation to see if it can be  resolved

5. Motion for summary judgement

Before trial; “judge let’s not have trial, let’s just have you decide” No dispute as to facts; what is the law?

6. Motion Limine

Limit or suppress

Parties agree to stop others from speaking of certain facts

 Trial 

Voir Dire: jury selection or jury deselection

Two types of trials:

1. Judge Trial

2. Jury Trial ( have rights in a civil case due to 7th amendment) {6th amendment gives Miranda rights}

o Each Party has unlimited amount of Challenges for cause, which allows party  to prevent biased or unfair jurors

o Each party has limited number of peremptory challenges, no cause is  required to disqualify a prospective juror. Supreme Court discriminates  against race or gender.

Burden of Truth 

 Plaintif has this

 Criminal Case-beyond a reasonable doubt

 Civil cases- preponderance of the evidence

  Defendant makes motion 

Motion of Direct Verdict (during trail)

--A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict

  Evidence submitted 

---closing argument  

 Jury Deliberates

 Renders a verdict

---Judge adopt verdict then will be the judgement of the court

 After trial

∙ judgement notwithstanding verdict

 Judge does not adopt jury’s verdict

 Appeal

1. Accept verdict and infirm it

2. Reject it and Reverse it

3. Review and Render

--Substitute over decision

4. Review and remand

--Send back for further determination

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