GBL 385 Study Guide - Midterm Guide: Appellate Jurisdiction, Substantive Law, Legal Aspects Of Computing

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Executive branch as a source of law: executive orders president makes laws. Administrative agencies as a source of law: make rules governing groups of people. Tort law: tort an injury to another"s person or property, a civil wrong. Types of tort damages: compensatory to put the plaintiff in the position he or she would have been in had the tort never occurred, sufficient amount to cover all losses by the tort (including pain and suffering) Nominal to recognize that the plaintiff has been wronged: a nominal amount (usually -) Punitive to punish the defendant: determined by severity of the wrongful conduct and the wealth of defendant. Intentional infliction of emotional distress: against property, trespass to realty, trespass to personalty, conversion, against economic interests. Defenses against defamation : conditional privilege right to make a false statement about someone and not be held liable for defamation provided the statement was made without malice.

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