Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/8

Click to flip

8 Cards in this Set

  • Front
  • Back
  • 3rd side (hint)
PUNITIVE DAMAGES
A civil remedy b/w private parties.

Punitive damages are awarded in civil actions to punish & deter D from engaging in reprehensible behavior
RESPONDEAT SUPERIOR
[Latin, Let the master answer.]

A CL doctrine. Makes ER liable for actions EE when the actions take place within the scope of employment.
BATTERY
(1) Act by D - bringing harmful or offensive contact to P's person

(2) intent D's part - to bring harmful or offensive contact to P's person,

AND

(3) causation
IIED
(1) an act by D amounting to extreme and outrageous conduct

(2) intent on the part of the D to cause P to suffer severe emotional distress or recklessness as to the effect of D's conduct

(3) causation

(4) damages (severe emo. distress)
GOV'T IMMUNITY
FL has wavied its immunity to a substantial extent for governmental or ministerial activities, but not for discretionary activities

the government will be liable for the torts of its employees to the same extent as a private employer under the respondeat superior doctrine
TEST:
planning vs. operational:
the government entity is immune from suit for its planning decisions, it is subject to suit for its operational decisions

Note: municipal immunity is waived to the same extent as state immunity
PROCEDURAL MALPRACTICE
Malpractice Cases (6 steps)
(1) claimant must first investigate the grounds for the claim and obtain a written opinion by a medical expert verifying that reasonable grounds for a claim exist

(2) at least 90 days before filing suit, the claimant must notify each prospective defendant by certified mail

(3) during this 90-day period, the claimant may not file suit, and the statute of limitations is tolled as to all potential defendants

(4) by end of 90-days, D's insurer must deliver to claimant either
(a) a rejection of the claim,
(b) an offer to settle, or
(c) an offer to admit liability and seek arbitration of damages

(5) the claimant must accept or reject an offer to admit liability within 50 days

(6) after completion of the presuit investigations, the parties may elect to have damages determined by voluntary binding arbitration (a claimant refusing arbitration may recover net economic damages and limited non-economic damages)
ASSAULT
Assault - Elements
(1) an affirmative act by D

(2) done w/ intent to place P in app.

(3) of an imminent harmful or offensive contact to his person AND

(4) that actually causes the plaintiff apprehension
Assault - 4 things to remember
(1) the plaintiff need not be placed in fear of the contact...and apprehension of contact that is offensive (not consented to) is sufficient

(2) the apparent ability to inflict the contact is all that is needed...the fact that it couldnt be carried out (because the gun was unloaded) is irrelevant

(3) the act requirement generally isnt satisfied by words alone -- there usually has to be some volitional movement of the body for there to be reasonable apprehension of imminent contact

(4) under the doctrine of transferred intent, the intent to inflict a battery satisfies the intent requirement for assault

NOTE-
assault requires that the plaintiff have an apprehension of contact from the defendant, whereas battery requires contact but not any apprehension beforehand
CONTRIBUTORY NEG.
CN