Thomas Harrison- Exam 2 Ch. 6,7,10,23

civil wrong, other than contract, for which law provides remedy

an interest protected by society
(personal physical safety and freedom of movement, property, both real and personal)

compensatory damages - to compensate or reimburse for actual losses

damages for which the injured party can give a specific dollar figure. ex. medical expenses, lost wages, repair to property - fix/replace the car

non-monetary (non economic) damages. ex. pain & suffering, loss of companionship, disfigurement, loss of reputation, loss of physical or mental capacity

to punish the wrongdoer and to deter others from similar wrongdoing. (NOT compensatory) ex. appropriate only when the conduct was particularly egregious, generally applied only in intentional torts, may be applied in extremely gross negligence

many states, including Alabama, place caps on general (non economic) and punitive damages

the person intentionally commit the act, but no evil or harmful intent is required.

the person intended the consequences of the act - I intended to tap your
shoulder, not hurt you, but the tap caused you to fall

if I intended to shoot one person but actually shoot another, my intent to shoot the first person is transferred to the second and I have committed an intentional tort

an intentional and unexcused threat of immediate harmful or offensive contact. no contact is required (intentional tort)

an unexcused and harmful or offensive physical contact intentionally performed. harmful - punch in the face (intentional tort)

intentional confinement or restraint of another person's activities without justification. can be accomplished by physical barriers; physical restraint; or, by threats of physical force. moral pressure does not constitute false imprisonment. (intentional tort)

an intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress. Act must be extreme, outrageous, to the point that it exceeds the bounds of decency.
ex. funeral home puts wrong person in coffin and insists that it's right person.

involves wrongfully hurting a person's good reputation. 1.must be a statement of fact. 2.statement must tend to harm the person's reputation. 3.must be published. 4.if the injured person is a public figure, there must be actual malice

defamation in writing. once defamation is proved, general damages are presumed

Created by administrative agencies. Exist in both federal and state systems

by granting the authority to make and implement laws, Congress (and state legislature) delegate to the various agencies their power to legislate

legislation passed by congress (or state legislation) which specifies the name, purpose functions, and powers of agency being created.

usually have only a single administrator or directory who serves at pleasure of the president (can be fired without cause

appointed by president but serve fixed term and only removed for cause.

powers specifically delegated to them

substantive rules that are legally binding as laws that congress passes

courts have interpreted the Constitution as granting congress the power to establish administrative agencies and delegate them to the power to create rules for implementing those laws.

President appoints administrators or directors AND has the veto power over legislation to establish or to modify the agencies.

Congress exercises authority over agency powers through legislation, can terminate agency, power to freeze enforcement of most federal regulations before taking effect (limited time period)

The judicial branch exercises control over agency powers through the court's' review of agency actions

Exhaustion doctrine: party seeking court review must first exhaust all administrative remedies before filing suit

the "procedure" for any court review of agency decision is applied

1. failed to provide rational explanation for the decision. 2. changed prior policy without explanation. 3. considered legally inappropriate factors. 4. failed to consider relevant factor. 5. rendered a decision contrary to evidence

The APA gives courts power to hold agencies' actions "arbitrary and capricious" if they are not in compliance with constitutional due process.

how agency rules are made (supreme court ruled president violated when he terminated the DACA

agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law and policy.

1. give notice of proposed rule. 2. provide for a comment period. 3. give notice that the final rule has been enacted

publish proposed rule in federal register. where, when hearing will be held, length of comment period and other jurisdictional info

During this period general public that are affected by rule can oppose rule

final rules have binding legal effect unless the courts later overturn them - once in effect published into code of federal regulations

informal methods if agency does not go through formal process - Dear Colleague letter

inspections and test, subpoenas, search warrants

firearm sales, liquor sales, and hazardous operations

a formal judgment on a disputed matter

informal agreements that eliminate need for formal proceedings

public document that can be released to public - administrative law judge

resembles trial. allows hearsay testimony. initial order within 30 days

court must also give deference to agencies analysis or any factual questions as well as agency's interpretation of its only legal authority.

defamation by speech-prove special - lost a job

exception to requirement of proving special damages in slander

1. statement of loathsome disease. 2. another person has committed improprieties while engaging in profession or trade. 3, has commited crime or imprisoned for crime. 4. person has been unchasr or engaged in sexual misconduct

truth, privilege, public figures

must be made with either knowledge of its falsity or reckless disregard of truth of matter