Business Law Questions Chapter 4 and 5.docx

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Management and Organizational Studies
Management and Organizational Studies 2275A/B
Cristin Keller

Business Law Questions Chapter 4 and 5 1) What is the burden of proof in a tort case? Who bears the burden of proof? Balance of probability. It is a civil case. The plaintiff bears the burden of proof. 2) Describe the legal analysis that you would use to prove an intentional tort. Apply this methodology to allegations of assault and battery, trespass to land, false imprisonment and defamation. Intentional tort – find the elements of tort, defendant will try to disprove the elements of tort and present any other defenses Assault – fear Battery – unwelcome touch (bring in witnesses to prove) -defendant might say you consented to it or that it was an accident (someone caused me to run into you) or that it was through self defense Trespass to land – actionable per se – no need to have any damages -you own the property, it’s yours to keep them off of -defendant might say, it’s not your land or you invited me or I’m a police officer. Doesn’t have to only be body, can be someone throwing something into your land. False imprisonment- cause fear and not let you leave -defendant might say that the door was open, didn’t threaten you, have legal rights to imprison you Defamation – slander and libel – false statement published (one other person has had to read it or hear it) – cause someone detriment -defendant might say it isn’t false, it’s the truth -or that he/she didn’t say it to any other person other than you -didn’t cause detriment, instead brought you publicity and fame -absolute privilege (government), qualified privilege (employer to employee) -journalistic freedom 3) Can you ever be successful in an intentional tort action if there are not any damages? Explain. Yes, if it’s actionable per se. Trespass to land. 4) Give an example of how an action can be tried as a criminal case and also as a civil case. Why would a victim (or a victim’s family) sue civilly? Like the OJ case. Family sued OJ for tort of wrongful death. Civil case- usually to get money, equitable remedy. Trialed on the criminal level because a criminal act was committed. May be punished for the actions. 5) Explain the case of Donoghue v. Stevenson. Who was the contract between? Who was injured? Why is this case so important with respect to the law of negli
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