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BUL3310 Bailey FSU Unit 10 BUS240 Ch. 3 Q: The Court System BUSINESS LAW QUIZ
131 terms 15 terms 35 terms
Makenzie_b_k_19 Preview jpm87895 Preview andrew12322277
the legal responsibility for something, especially costs or
Liability
damages.
an act committed or omitted in violation of a law forbidding or
commanding it and for which punishment is imposed upon
Crime
conviction; unlawful activity; or a serious offense, especially one
in violation of morality.
Burden of Proof for Criminal Accuser must prove beyond a reasonable doubt that the
Liability accused did commit the act and did so willfully and with intent.
Penalties for Criminal Liability Jail Time or Fines
a private or civil wrong, other than a breach of contract, in which
Tort the action of one person causes injury to the person or property
of another in violation of a legal duty imposed by law.
Proof through a preponderance of the evidence the defendant
Burden of Proof
did commit the act.
Types of Penalties for Civil Compensatory and Punitive
Liability
Compensatory Damages Reimburse the plaintiff for actual losses
Monetary awards designed to punish the defendant for unlawful
Punitive Damages behavior that is considered to be particularly egregious, and to
deter such actions or behavior in the future.
Categories of Tort Intentional, Negligent, and Constitutional
A voluntary intention on the part of a person to bring physical or
Intentional Tort
mental harm upon another person.
Arise from the fact that our society imposes a duty upon
Negligent Tort individuals to conduct their affairs in a manner which will avoid
subjecting others to an unreasonable risk of harm.
Arise out of guarantees afforded to us in the United States
Constitutional Tort
Constitution.
, Every person who, under color of any statute, ordinance,
regulation, custom, or usage, of any State or Territory or the
District of Columbia, subjects, or causes to be subjected, any
citizen of the United States or other person within the jurisdiction
thereof to the deprivation of any rights, privileges, or immunities
secured by the Constitution and laws, shall be liable to the party
injured in an action at law, suit in equity, or other proper
Title 42, USC Section 1983
proceeding for redress, except that in any action brought against
a judicial officer for an act or omission taken in such officer's
judicial capacity, injunctive relief shall not be granted unless a
declaratory decree was violated or declaratory relief was
unavailable. For the purposes of this section, any Act of Congress
applicable exclusively to the District of Columbia shall be
considered to be a statute of the District of Columbia.
Acting under color of law, Alleged deprivation of rights secured
by the Constitution and laws, liable only for intentional torts or
Applying Title 42 USC Section
acts of gross negligence; Evil motive or intent or reckless or
1983
callous indifference. This is based on interpretive rulings by the
US Supreme Court.
Levels of Negligence Simple, Gross, Willful
Failure to use that degree of care that an ordinary prudent
Simple Negligence
person would use in like circumstances
Failure to perform a manifest duty in reckless disregard of the
consequences as affecting the life or property of another. It is
Gross Negligence more lacking of care than that constituting simple negligence
and amounts to indifference to present legal duty and to utter
forgetfulness of legal obligations.
A legal duty requiring one to conduct themselves self according
to a certain standard must exist. A failure to conform (deviate)
Requirements to Prevail in a Tort conduct to this standard must exist. Direct (proximate) cause
Action which is a sufficiently close link between the act of negligence
and the harm suffered must exist. Damage results must be
suffered by another.
Causes of action for which Negligent Training, Negligent Entrustment, Negligent
instructors may be found liable Supervision, Negligent Retention
Negligent Training Failure to train; or training which is conducted improperly.
Failure to control dangerous equipment or devices which are
Negligent Entrustment
entrusted to trainees.
Failure on your part to coordinate, control or direct trainee
Negligent Supervision
conduct which may cause an injury.
Failure on your part to take action when you have (or should
have) determined a trainee is unsuitable to continue, or the
Negligent Retention
magnitude of that trainee's acts demonstrate they are a
foreseeable danger.
Fail or refuse to hire or to discharge any individual or otherwise
discriminate with respect to compensation, terms, conditions,
privilege, of employment because of race, color, religion, sex, or
EEOC: Title VII national origin; or limit segregate, or classify the employees
and/or applicants for employment in any way which would
deprive employment opportunities or adversely affect their
status because of race, color, religion, sex, or national origin.
Save
Students also studied
Flashcard sets Study guides
BUL3310 Bailey FSU Unit 10 BUS240 Ch. 3 Q: The Court System BUSINESS LAW QUIZ
131 terms 15 terms 35 terms
Makenzie_b_k_19 Preview jpm87895 Preview andrew12322277
the legal responsibility for something, especially costs or
Liability
damages.
an act committed or omitted in violation of a law forbidding or
commanding it and for which punishment is imposed upon
Crime
conviction; unlawful activity; or a serious offense, especially one
in violation of morality.
Burden of Proof for Criminal Accuser must prove beyond a reasonable doubt that the
Liability accused did commit the act and did so willfully and with intent.
Penalties for Criminal Liability Jail Time or Fines
a private or civil wrong, other than a breach of contract, in which
Tort the action of one person causes injury to the person or property
of another in violation of a legal duty imposed by law.
Proof through a preponderance of the evidence the defendant
Burden of Proof
did commit the act.
Types of Penalties for Civil Compensatory and Punitive
Liability
Compensatory Damages Reimburse the plaintiff for actual losses
Monetary awards designed to punish the defendant for unlawful
Punitive Damages behavior that is considered to be particularly egregious, and to
deter such actions or behavior in the future.
Categories of Tort Intentional, Negligent, and Constitutional
A voluntary intention on the part of a person to bring physical or
Intentional Tort
mental harm upon another person.
Arise from the fact that our society imposes a duty upon
Negligent Tort individuals to conduct their affairs in a manner which will avoid
subjecting others to an unreasonable risk of harm.
Arise out of guarantees afforded to us in the United States
Constitutional Tort
Constitution.
, Every person who, under color of any statute, ordinance,
regulation, custom, or usage, of any State or Territory or the
District of Columbia, subjects, or causes to be subjected, any
citizen of the United States or other person within the jurisdiction
thereof to the deprivation of any rights, privileges, or immunities
secured by the Constitution and laws, shall be liable to the party
injured in an action at law, suit in equity, or other proper
Title 42, USC Section 1983
proceeding for redress, except that in any action brought against
a judicial officer for an act or omission taken in such officer's
judicial capacity, injunctive relief shall not be granted unless a
declaratory decree was violated or declaratory relief was
unavailable. For the purposes of this section, any Act of Congress
applicable exclusively to the District of Columbia shall be
considered to be a statute of the District of Columbia.
Acting under color of law, Alleged deprivation of rights secured
by the Constitution and laws, liable only for intentional torts or
Applying Title 42 USC Section
acts of gross negligence; Evil motive or intent or reckless or
1983
callous indifference. This is based on interpretive rulings by the
US Supreme Court.
Levels of Negligence Simple, Gross, Willful
Failure to use that degree of care that an ordinary prudent
Simple Negligence
person would use in like circumstances
Failure to perform a manifest duty in reckless disregard of the
consequences as affecting the life or property of another. It is
Gross Negligence more lacking of care than that constituting simple negligence
and amounts to indifference to present legal duty and to utter
forgetfulness of legal obligations.
A legal duty requiring one to conduct themselves self according
to a certain standard must exist. A failure to conform (deviate)
Requirements to Prevail in a Tort conduct to this standard must exist. Direct (proximate) cause
Action which is a sufficiently close link between the act of negligence
and the harm suffered must exist. Damage results must be
suffered by another.
Causes of action for which Negligent Training, Negligent Entrustment, Negligent
instructors may be found liable Supervision, Negligent Retention
Negligent Training Failure to train; or training which is conducted improperly.
Failure to control dangerous equipment or devices which are
Negligent Entrustment
entrusted to trainees.
Failure on your part to coordinate, control or direct trainee
Negligent Supervision
conduct which may cause an injury.
Failure on your part to take action when you have (or should
have) determined a trainee is unsuitable to continue, or the
Negligent Retention
magnitude of that trainee's acts demonstrate they are a
foreseeable danger.
Fail or refuse to hire or to discharge any individual or otherwise
discriminate with respect to compensation, terms, conditions,
privilege, of employment because of race, color, religion, sex, or
EEOC: Title VII national origin; or limit segregate, or classify the employees
and/or applicants for employment in any way which would
deprive employment opportunities or adversely affect their
status because of race, color, religion, sex, or national origin.
