Exam (elaborations)
BLAW final #2.
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Exam of 6 pages for the course Captains Career Course Module 5 Post Test 2 at Captains Career Course Module 5 Post Test 2 (BLAW final #2.)
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BLAW final #2Tort - CORRECT ANSWER-A CIVIL wrong that interferes with one's property or
person; *violation of a private duty*
-Focus is on compensating the victim
-Cause is brought by the injured party
Crime - CORRECT ANSWER-An illegal act for which someone can be punished
by the government; wrong against society
-Focus is on punishing the wrongdoer
-Charges are brought by the state for federal government
Tort vs. Crime - CORRECT ANSWER-Tort- civil proceeding
Crime- criminal proceeding
-The same act can be BOTH a crime and a tort --> OJ Simpson case
3 Types of Torts: - CORRECT ANSWER-1. Intentional Torts
2. Negligence
3. Strict Liability
1. Intentional Torts - CORRECT ANSWER-Intentionally putting another person in
reasonable apprehension of an imminent harmful or offensive contact
-Intent to physically harm NOT required
-Actual physical harm NOT required
1) Battery
Tort Definition vs. Criminal Definition - CORRECT ANSWER-Tort: the intentional
harmful or offensive contact with another person without that person's consent
-Can recover $$ damages- plaintiff must prove damages suffered (an injury)
Criminal: a physical act that results in harmful or offensive contact with another
person without that person's consent
-Will punish the defendant- must be an injury
1) False Imprisonment - CORRECT ANSWER-Intentional detention of a purpose
without that person's consent
, Holquin vs. Sally's Beauty Supply
Shopkeeper's Privilege: store owner's defense to fale imprisonment- permits
detention of suspected shoplifter based on *reasonable suspicion* for a
reasonable time without liability for false imprisonment
-Applies if store owner is wrong
-Store must act based on reasonable suspicion- need *willful concealment*
-Must treat shoplifter reasonably
1) Intentional Infliction of Emotional Distress - CORRECT ANSWER-Conduct that
exceeds bounds of decency & produces mental anguish in the victim
Shoen vs. Freightliner
1) Invasion of Privacy - CORRECT ANSWER-Tort of intentional intrusion into the
private affairs of another
1. *Public disclosure of private facts*
-Yum! Brand case- expanded to verbal public disclosure of a private fact
2. *Intrusion into private affairs*
-Secret microphone or video camera where privacy is expected
3. *Misappropriation* of name, image, or likeness for commercial advantage AKA
right of publicity
-Don Henley case- protect commercial interests of celebrities
1) Defamation - CORRECT ANSWER-The act of making untrue statements
about another which damages their reputation
1) Slander vs. Libel - CORRECT ANSWER-Slander- spoken or oral defamation
Libel- defamatory statement is printed or broadcast over media
1) Elements of a Defamation Claim: - CORRECT ANSWER-1. Published
2. False
3. Injurious
4. Unprivileged
1) Elements of a Defamation Claim: Published - CORRECT ANSWER-Means a
3rd party heard or saw the statement through social media, tv, radio, gossip,
speeches, loud conversation
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