Exam (elaborations)
Legal Environment Of Business Final.
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- WGU - D080_ FVC1 Enhanced Study Guide
Legal Environment Of Business Final.
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Legal Environment Of Business FinalTorts - ANS-Any time one party's allegedly wrongful conduct causes injury to another,
the action arises under ____
Intentional Torts - ANS-Arise from intentional acts
Unintentional Torts - ANS-Negligence
Compensatory Damages - ANS-Intended to account for actual losses. Puts plaintiff in
the same position as if the tort hadn't occurred.
Special Damages - ANS-These compensate for quantifiable monetary losses. Like
medical expenses, lost wages, or cost to replace damaged property
General Damages - ANS-These compensate for non-monetary aspects of harm
suffered. Stuff like pain and suffering or loss of reputation
Punitive Damages - ANS-These are used to deter other people from committing the
same tort. Subject to 5th Amendment review and only used when the tort is particularly
egregious.
Gross Negligence - ANS-Intentional failure to perform a manifest duty in reckless
disregard of the consequences of such a failure for the life and property of another.
Commonly result in punitive damages.
Assault - ANS-Intentional and unexcused threat or immediate harmful or offensive
contact, including words or actions, which create an apprehension of harmful contact
Battery - ANS-unexcused and harmful or offensive contact intentionally performed
unprivledged
Reasonable person standard - ANS-How a reasonable person should have acted under
the same circumstances
False Imprisonment - ANS-Intentional confinement or restraint of another person's
activities without justification. Person being restrained must not agree to the restraint.
, Privilege to detain - ANS-A merchant can use reasonable force to detain or delay
persons suspected of shoplifting and hold them for police (most states).
Intentional infliction of emotional distress - ANS-An act which amounts to extreme and
outrageous conduct resulting in severe distress to another. Must exceed the bounds of
decency accepted by society
Defamation - ANS-Wrongfully hurting a person's good reputation. Must involve a false
statement of fact about others
Actionable - ANS-Capable of serving as the ground for a lawsuit.
Libel - ANS-Defamation in writing
Slander - ANS-Oral defamation
Publication Requirement For Defamation - ANS-______ statements must be
communicated (either intentionally or accidentally) to persons other than the defamed
party. Internet posts count. Re_____ counts, too.
General Damages for Libel - ANS-Once defendant's liability for ____ is established,
these are presumed as a matter of law. Amount someone who can prove they were
actually injured as a result of injured reputation as a result of a _____ous statement.
Special Damages for Slander - ANS-The statement must cause actual economic or
monetary losses, then you can get these. Unless it's per se.
Slander per se - ANS-1.You called me a leper or sociopath
2. You accused me of impropriety in my profession
3. You said I committed or was imprisoned for a crime
4. You said I am an adulterer or pedophile.
Defense against Defamation - ANS-Truth is the ultimate way to disprove a _______
lawsuit. Others exist for more privileged fellows.
Absolute Privilege - ANS-Statements made in court proceedings or during legislative
debate have ______ ______.
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