B LAW 220 Study Guide - Final Guide: Healthcare Proxy, Executory Contract, Intentional Tort
Document Summary
Implied contract-agreement is shown by action not words. Burden of proof criminal case- beyond a reasonable doubt. Civil case plaintiff wins if evidence is shown by a preponderance of evidence. Tort is a civil wrong most intentional torts are crimes. Defamation is an intentional tort not a crime. Employment contract for term and at will- most employment contract in ny are at will or for a term. Attorney in fact is the one who gets the power. Guardianship of the person controls medical decisions and guardianship of the property controls money matters. Often you do not need a court to award guardianship authority if you already have a power of attorney and a health care proxy. If you have a health care proxy you don"t need guardianship of the person. A health care proxy allows a person to make medical decisions for another. You can give power of attorney while in a coma--false, guardianship can be given.
