question
False Imprisonment
answer
defendants act or omission to act that restrains or confines the plaintiff to a bounded area
question
Criminal
answer
State prosecutes a person accused of committing a crime ...... Example throwing apple on floor
question
Trespassing Example
answer
Person doesn't have to actually invade the land but does something to damage it
question
Battery Example
answer
Doesn't have to touch person just personal object
question
Assault Example
answer
Pointing an unloaded gun
question
Yes
answer
Can your intent be transferred in intentional torts?
question
Specific
answer
Person intends specific consequences
question
Intent
answer
to be determined to do something either specific or general
question
Standing
answer
Has to be directly involved through the adverse effect test
question
law over fact
answer
argue what over what
question
APA
answer
chapter 120
question
The hearing
answer
Overseen and heard before an administrative law judge Presents evidence, cross-examines witness
question
Federal formal rulemaking Example
answer
Federal Food Drug + Cosmetic Act (FDCA)
question
Admin Procedure Act
answer
What is APA
question
Legislation
answer
what allows agencies to make rules, adjudicate and take formal action
question
Administrative Procedure Act
answer
What governs the administrative process?
question
Tort
answer
a wrongful act or an infringement of a right leading to civil legal liability.
question
Twist
answer
tort another word
question
Tort
answer
A civil wrong
question
Tort
answer
Someone is harmed or suffered loss because of act of failure
question
Federal informal rulemaking
answer
Section 553 of the APA is involved in what?
question
Transferred intent
answer
Assault, battery, false imprisonment, and trespassing
question
Intentional torts and negligence
answer
Two branches of torts
question
Procedural rules
answer
The agency has within its discretion the ability to change its what?
question
Judicial Review
answer
Regular court system (looking at the record)
question
Civil
answer
Ordinary Negligence
question
Section 553
answer
Does not apply to agencies that grant benefits
question
Federal informal Rulemaking
answer
an agency can deviate from its own rules when it determines that it is necessary to address and solve an urgent problem
question
untimely or unnecessary judicial review
answer
Prevents _________ with the agency's administrative process
question
FL APA
answer
Resolves administrative disputes
Oversight: joint administrative procedures committee (JAPC)
Oversight: joint administrative procedures committee (JAPC)
question
Dispute Arbitration
answer
Used in many business situations to avoid litigation
question
Dispute Mediation
answer
Used to avoid litigation
doesn't result in binding decisions
doesn't result in binding decisions
question
Yes, for intent
answer
Are incompetents and minors liable for intentional torts?
question
Civil Action
answer
Between private individuals
question
Civil action example
answer
Apple falling out of pocket
question
ALJ's Initial decision
answer
Based on the substantial weight of the evidence on the record as a whole
question
Arbitrary, Capricious, abuse of powrer
answer
Agency's actions cannot be ______
question
Judicial interference
answer
Agencies do not like __________
question
General
answer
Person intends the outcome
question
Intentional Torts
answer
deliberate acts intended to cause harm
question
Delegation Doctrine
answer
Delegation of legislative power
question
Basis of Torts
answer
A person can be liable for an unintended injury if they intended to bring about the results
question
Gross Neglegence
answer
Criminal Negligence
The intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another
The intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another
question
Federal Formal Rulemaking
answer
Prior to the rule being implemented
Occurs when challenged rule must be followed by a "trial-type" hearing
Occurs when challenged rule must be followed by a "trial-type" hearing
question
federal formal rulemaking
answer
Established by statue
question
Define the field and must be reasonable
answer
What's the intent of the legislature?
question
Administrative Law
answer
The body of law is created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.
question
Administrative Law
answer
Referred as the 4th branch of gov
question
Florida Supreme Court
answer
Handles constitutional issues District Court decisions invalidating state constitutional laws or provisions and matters of significant importance, death penalty
question
One
answer
Florida Supreme Court has _____
question
Five
answer
Florida district court of appeals
question
Circuit court
answer
Florida has 20
Handles cases in divorce and guardianship, major criminal offenses, probate matters in certain civil cases
Handles cases in divorce and guardianship, major criminal offenses, probate matters in certain civil cases
question
County Courts
answer
Handles county and city ordinance violations, including traffic, minor offenses in civil cases
question
Florida courts
answer
67 County Court
Four tiered system
Four tiered system
question
20
answer
FL Circuit courts
question
Interlocutory Appeals
answer
Those not from final judgment are permitted by appellate rule
question
Transacting business requires justice
answer
Why can an agency be able to change its procedural rules?
question
Appeal process
answer
Party who loses in trial court may appeal and there must be a final judgment
question
writ of certiorari
answer
A discretionary appeal process by which one may ask to be heard following a decision by a states highest court of appeals
question
United states supreme court
answer
Here's some direct appeals in some of limited original jurisdiction
Example would be lawsuits by one state against another
Example would be lawsuits by one state against another
question
Florida Georgia Alabama
answer
States in the 11th circuit court of appeals
question
Circuit Court of appeals
answer
Hears appeals from the district courts
question
Circuit court of appeals
answer
What is a three tiered system
question
Courts of general jurisdiction
answer
Hears both civil and criminal cases
question
5
answer
Florida has how many federal districts?
question
Federal courts
answer
A three-tiered system and has one in each state
question
Judicial
answer
Reviews legislatively made laws
question
Legislative
answer
Makes laws
Bicameral legislature
Bicameral legislature
question
Executive
answer
No power to pass laws but does set up administrative agencies
Executes laws
Franklin Roosevelt
Executes laws
Franklin Roosevelt
question
Executive, Legislative, Judicial
answer
What are the three branches of government?
question
Laws
answer
What are passed by and signed?
question
Laws
answer
What are packages for policy?
question
State administrative law
answer
Florida agency regulations with the force of law
question
Delegation doctrine
answer
Legislation delegation must focus on a certain objective
question
Federal administrative law
answer
Agency regulations with the force of law
question
Causation
answer
Liability caused by the defendant act or something set in motion
question
Common law
answer
What has a foundation in the middle ages?
question
Usage and customs
answer
What is common law's evolution?
question
Trespassing
answer
An example of common law
question
Written law and common law
answer
What are the two categories of law?
question
Holding
answer
Only in "extraordinary circumstances" Cana Court require procedures on an agency above those required in APA
question
Plaintiffs determent
answer
You've got to suffer actual monetary
question
Justifiable reliance
answer
You the plaintiff relied on the misrepresentation and were damaged by it
question
Puffing
answer
Opinions
question
Misrepresentation of a fact
answer
Must be an important past or present fact?
question
Knowing or reckless
answer
Defendant nose of the falsity or ax reckless
question
Defenses
answer
The truth
Consent
Consent
question
The test
answer
Knowing that the statement was false
question
Two part test
answer
What constitutes malice?
question
Public figures
answer
It's the same standard
Fame
Fame
question
Public Offenses
answer
Must prove that the statement was made with malice
question
Crime
answer
Plaintiff has committed a crime involving moral turpitude
question
Trader business
answer
Statement directly related to plaintiffs trade, profession or business
question
Lack of chasity of a woman
answer
Unchastened behavior of an unmarried woman
question
Loathsome disease
answer
Aids or leprosy
question
Freedom of press
answer
What is the Constitutions first amendment?
question
Libel Per Quod
answer
Need outside facts to show defamation
question
Libel Per Se
answer
No outside facts to show defamation
question
Slander
answer
spoken defamation
question
Libel
answer
written defamation
question
Defamation
answer
Injury of reputation
question
Finnish
answer
Difficult language
question
Of and concerning plaintiff
answer
Refers to everyone of a large group you the plaintiff don't have much of a lawsuit
question
Private necessity example example
answer
tying of a boat to private dock during a storm
question
Public necessity example
answer
Shooting a rabbit dog
question
Necessity
answer
You can interfere with the property of another to prevent a far more serious injury
question
Self Defense
answer
A reasonal belief of defendant actions is that it is necessary
question
Children, drunks, incompetents
answer
Who cannot consent to tortious conduct?
question
Trespass to Land
answer
Intentional torts to property
question
Depends on relationship
answer
Is it offensive language intentional torts?
question
Intentional infliction of emotional distress
answer
Act of extreme or outrageous conduct by defendant
question
False arrest
answer
Privileged for private citizens if felony or misdemeanor committed in presence of arrest individual
question
Assault
answer
An act which creates in your mind a reasonable apprehension of immediate harm or offense contact
question
yes
answer
Can a person recover for battery even though that person is not consistious of the harmful or offensive Act?
question
Direct and indirect contact
answer
Causation you can be liable for
question
Battery
answer
unlawful touching of another person without consent
question
Share cropping
answer
Barrlow vs collins
question
Railroad
answer
US vs Scrap
question
Out sourcing for contractors
answer
Hallmark vs Feinex
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