The wrongful possession or disposition of another's property as if it were

No unreasonable search or seizures

Rational Relation Test

If non-fundamental right, law must be rationally related to a legitimate go

Violation of statute is per se negligent, if statute is designed to prevent

Tortious Interference

Interference with contraction relations or with prospective relations

A tort committed by failure to observe the standard of care required by law

Any act or omission forbidden by public law in the interest of protecting s

Alternative Dispute Resolution

Ways to resolve disputes without resorting to litigation. FORMS: Negotiatio

An offensive, intentional interference with a person's seclusion or private

Intentionally confining a person against her will within fixed boundaries i

person who enters or remains on land of another without permission or privi

Constitution shall not be construed to deny or disparage others

Wrongful entry on another's real property

Powers not delegated to US are given to states

(Libel is written, Slander is oral) Knowingly harming the reputation of ano

Civil Litigation Process: Appellate Phase

Appeals court determines whether trial court committed error

Guaranteed constitutional right to same-sex marriage

Opening statement, testimony, plaintiff rests, motion for directed verdict, Defendant's case, closing arguments

Opening statement, testimony, plaintiff rests, motion for directed verdict,

A CIVIL wrong, other than breach of contract, for which a remedy may be obt

A tort committed by someone acting with general or specific intent

Invented to stop organized crime, criminalized conduct that offers solution

Intentional infliction of emotional distress

Recklessly causing another person severe emotional distress through one's e

crimes wrong in themselves i.e. morally wrong

Powers of branches of Federal Government

crimes not morally wrong but declared wrongful by law

The use of another's likeness for one's own benefit

2 years: Most torts, including wrongful death

Threat or use of force on another that causes person to have a reasonable a

Due process clause of 14th amendment limits punitive damages

Federal law PREEMPTS conflicting State law when Congress so intends, must b

Civil Litigation Process: Pleadings Phase

Plaintiff initiates lawsuit by filing (Complaint: Federal, Petition: Texas)

less serious crimes punishable by up to 1 year in jail and/or fine

A legal obligation that is owed or due to another and that needs to be sati

Making threats to obtain money or property

Federal preemption does not protect auto manufacturers from injuries caused

Civil Trial Objective

To obtain redress for the victim

Jurisdiction over property of Defendant to satisfy judgement

The legal responsibility to another or to society

person invited as member of public or for business purpose, landowner must

person privileged to enter or remain by consent of owner, landowner has dut

Power of Federal Government vs Individuals

Laws of court, can't be tried twice for same crime, testify against one's s

Contributory Negligence

Plaintiff's negligence bars recovery, last clear chance doctrine

A knowing misrepresentation of the truth or concealment of a material fact

Enforceable rules governing relationships among individuals and between ind

Is couched in terms of foreseeability, is based on not extending duty of ca

studbud

BLAW exam 1

113 termsStudBud Administration5 plays

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Flashcards113 cardsFPractice quizPHost liveL

Questions 113

Answers

1
Conversion
Significant and unreasonable harm to another's use or enjoyment of land
Enforceable rules governing relationships among individuals and between ind
The wrongful possession or disposition of another's property as if it were
serious crimes punishable by imprisonment for 1+ years or death
2
Amendment IV
Jurisdiction over the persons (Plaintiff vs Defendant)
Threat of immediate, serious bodily harm to self or others. Not a defense t
Enforceable rules governing relationships among individuals and between ind
No unreasonable search or seizures
3
Rational Relation Test
If fundamental right, law must be strictly tailored to a compelling governm
If non-fundamental right, law must be rationally related to a legitimate go
Powers not delegated to US are given to states
Right to speedy and public trial
4
Negligence per se
No slavery
A legally enforceable claim that another will do or will not do a given act
Violation of statute is per se negligent, if statute is designed to prevent
A tort committed by failure to observe the standard of care required by law
5
Tortious Interference
Violation of statute is per se negligent, if statute is designed to prevent
Interference with contraction relations or with prospective relations
Due process clause of 14th amendment limits punitive damages
The legal responsibility to another or to society
6
Negligence
Congress's unbridled authority to regulate commerce with foreign nations
A tort committed by failure to observe the standard of care required by law
May use reasonable force to protect themselves or others or their property.
Recklessly causing another person severe emotional distress through one's e
7
Crime
Body of law governing civil or PRIVATE rights; preponderance of evidence (E
Bans fleeting expletives on tv broadcasts, finding that they were not arbit
Threat or use of force on another that causes person to have a reasonable a
Any act or omission forbidden by public law in the interest of protecting s
8
Alternative Dispute Resolution
Congress's unbridled authority to regulate commerce with foreign nations
"To stand by decisions"
A CIVIL wrong, other than breach of contract, for which a remedy may be obt
Ways to resolve disputes without resorting to litigation. FORMS: Negotiatio
9
Intrusion
(Libel is written, Slander is oral) Knowingly harming the reputation of ano
Opening statement, testimony, plaintiff rests, motion for directed verdict,
Plaintif has loathsome disease, committed unlawful acts in business, commit
An offensive, intentional interference with a person's seclusion or private
10
False imprisonment
Intentionally confining a person against her will within fixed boundaries i
Threat of immediate, serious bodily harm to self or others. Not a defense t
The legal responsibility to another or to society
No slavery
11
Trespasser
Congress's unbridled authority to regulate commerce with foreign nations
Plaintiff's negligence bars recovery, last clear chance doctrine
person who enters or remains on land of another without permission or privi
Significant and unreasonable harm to another's use or enjoyment of land
12
Amendment IX
crimes not morally wrong but declared wrongful by law
(Libel is written, Slander is oral) Knowingly harming the reputation of ano
Constitution shall not be construed to deny or disparage others
Jurisdiction over the persons (Plaintiff vs Defendant)
13
Trespass
Wrongful entry on another's real property
Opening statement, testimony, plaintiff rests, motion for directed verdict,
1 year: Malicious prosecution, libel, slander, or breach of promise of marr
Specifies where suit may/must be brought
14
Amendment X
Texas- Texas penal Code, Federal- Title 18, US code
Powers not delegated to US are given to states
Is couched in terms of foreseeability, is based on not extending duty of ca
The wrongful possession or disposition of another's property as if it were
15
Defamation
(Libel is written, Slander is oral) Knowingly harming the reputation of ano
Ways to resolve disputes without resorting to litigation. FORMS: Negotiatio
Federal law PREEMPTS conflicting State law when Congress so intends, must b
No quartering of soldiers
16
Civil Litigation Process: Appellate Phase
Creates, defines and regulates rights, duties and powers
Appeals court determines whether trial court committed error
Plaintif has loathsome disease, committed unlawful acts in business, commit
A legal obligation that is owed or due to another and that needs to be sati
17
Obergefell v. Hodges
Laws of court, can't be tried twice for same crime, testify against one's s
Jury, Bench, Jury Selection
Law enforcement officer induces defendant to commit a crime he otherwise wo
Guaranteed constitutional right to same-sex marriage
18
Opening statement, testimony, plaintiff rests, motion for directed verdict, Defendant's case, closing arguments
Opening statement, testimony, plaintiff rests, motion for directed verdict,
Federal law PREEMPTS conflicting State law when Congress so intends, must b
Congress's unbridled authority to regulate commerce with foreign nations
Right to bear arms
19
Tort
1 year: Malicious prosecution, libel, slander, or breach of promise of marr
A CIVIL wrong, other than breach of contract, for which a remedy may be obt
Body of law governing civil or PRIVATE rights; preponderance of evidence (E
No unreasonable search or seizures
20
Intentional Torts
Courts may award punitive damages to deter defendant, limited by due proces
The use of another's likeness for one's own benefit
person invited as member of public or for business purpose, landowner must
A tort committed by someone acting with general or specific intent
21
Racketeering
Disclosures, Depositions, Interrogatories, Requests for Production, Request
Wrongful entry on another's real property
Invented to stop organized crime, criminalized conduct that offers solution
No cruel or unusual punishment
22
Communications Decency Act of 1996 (CDA)
The use of another's likeness for one's own benefit
Federal preemption does not protect auto manufacturers from injuries caused
Disclosures, Depositions, Interrogatories, Requests for Production, Request
Grants immunity to ISP's
23
Intentional infliction of emotional distress
Violation of statute is per se negligent, if statute is designed to prevent
Recklessly causing another person severe emotional distress through one's e
Scheme for apportioning fault, under modified comparative negligence, if pl
A knowing misrepresentation of the truth or concealment of a material fact
24
mala in se
Intentional infliction of harmful or offensive bodily contact
crimes wrong in themselves i.e. morally wrong
Nonviolent crime involving deceit, corruption, or a breach of trust (EX: Em
Comes from God and religious beliefs
25
Separation of Powers
The powers not delegated to the US by the Constitution, nor prohibited by i
To punish the wrongdoer
"guilty mind" - Criminal mental state, Subjective v. Objective, Either inte
Powers of branches of Federal Government
26
mala prohibita
Invented to stop organized crime, criminalized conduct that offers solution
Right to trial by jury
crimes not morally wrong but declared wrongful by law
Governmental laws: Judicial, Legislative and Administrative law
27
Appropriation
2 years: Most torts, including wrongful death
The wrongful possession or disposition of another's property as if it were
Specifies period after a claim arises during which a plaintiff can file sui
The use of another's likeness for one's own benefit
28
2 years: Most torts, including wrongful death
person who enters or remains on land of another without permission or privi
Laws of court, can't be tried twice for same crime, testify against one's s
Wrongful entry on another's real property
2 years: Most torts, including wrongful death
29
Assault
crimes not morally wrong but declared wrongful by law
Constitution guaranteed a right to privacy
Threat or use of force on another that causes person to have a reasonable a
Law enforcement officer induces defendant to commit a crime he otherwise wo
30
Phillip Morris Case
Duty, Breach of duty, Proximate causation, Injury or damage.
Comes from God and religious beliefs
Due process clause of 14th amendment limits punitive damages
Appropriation of a person's identity without consent is an invasion to the
31
Supremacy Clause
Congress has power to make all laws in order to preserve constitution
Federal law PREEMPTS conflicting State law when Congress so intends, must b
No unreasonable search or seizures
Appropriation of a person's identity without consent is an invasion to the
32
Civil Litigation Process: Pleadings Phase
Powers not delegated to US are given to states
Nonviolent crime involving deceit, corruption, or a breach of trust (EX: Em
Plaintiff initiates lawsuit by filing (Complaint: Federal, Petition: Texas)
Interference with contraction relations or with prospective relations
33
Amendment VIII
Federal preemption does not protect auto manufacturers from injuries caused
"guilty act" i.e. Criminal conduct, must be voluntary, may be an ACT or an
Guaranteed constitutional right to same-sex marriage
No cruel or unusual punishment
34
Misdemeanor
Comes from God and religious beliefs
person privileged to enter or remain by consent of owner, landowner has dut
less serious crimes punishable by up to 1 year in jail and/or fine
Criminal attempt, Criminal Conspiracy, Criminal Solicitation
35
Jurisdiction
Caldwell wins, alleged breach of duty of reasonable care
2 years: Most torts, including wrongful death
4 years: Breach of contract, fraud
"The power to speak law"
36
Duty
"guilty mind" - Criminal mental state, Subjective v. Objective, Either inte
Means of enforcing a right or preventing a wrong
Wrongful entry on another's real property
A legal obligation that is owed or due to another and that needs to be sati
37
Extortion
Making threats to obtain money or property
person privileged to enter or remain by consent of owner, landowner has dut
Liability that does not depend on actual negligence or intent to harm, but
Guaranteed constitutional right to same-sex marriage
38
Williamson v. Mazda
person privileged to enter or remain by consent of owner, landowner has dut
Federal preemption does not protect auto manufacturers from injuries caused
Specifies period after a claim arises during which a plaintiff can file sui
crimes not morally wrong but declared wrongful by law
39
Civil Trial Objective
The use of another's likeness for one's own benefit
Plaintif has loathsome disease, committed unlawful acts in business, commit
To obtain redress for the victim
Disclosures, Depositions, Interrogatories, Requests for Production, Request
40
Quasi in rem
Jurisdiction over property of Defendant to satisfy judgement
Laws of court, can't be tried twice for same crime, testify against one's s
Plaintiff initiates lawsuit by filing (Complaint: Federal, Petition: Texas)
Interference with contraction relations or with prospective relations
41
Liability
Right to trial by jury
Disclosures, Depositions, Interrogatories, Requests for Production, Request
The legal responsibility to another or to society
2 years: Most torts, including wrongful death
42
Invitee
person who enters or remains on land of another without permission or privi
Threat of immediate, serious bodily harm to self or others. Not a defense t
Prescribes steps for having a right or duty enforced
person invited as member of public or for business purpose, landowner must
43
Licensee
Right to bear arms
person privileged to enter or remain by consent of owner, landowner has dut
(Libel is written, Slander is oral) Knowingly harming the reputation of ano
Ways to resolve disputes without resorting to litigation. FORMS: Negotiatio
44
Amendment II
Right to bear arms
Power of Federal Government vs Individuals
A knowing misrepresentation of the truth or concealment of a material fact
A tort committed by someone acting with general or specific intent
45
Individual Rights
The legal responsibility to another or to society
Established concept of proximate cause
Intentional infliction of harmful or offensive bodily contact
Power of Federal Government vs Individuals
46
Amendment V
Right to trial by jury
Laws of court, can't be tried twice for same crime, testify against one's s
Power of Federal Government vs Individuals
Law enforcement officer induces defendant to commit a crime he otherwise wo
47
Contributory Negligence
Specifies where suit may/must be brought
Plaintiff's negligence bars recovery, last clear chance doctrine
Intentional infliction of harmful or offensive bodily contact
Violation of statute is per se negligent, if statute is designed to prevent
48
Fraud
person privileged to enter or remain by consent of owner, landowner has dut
A knowing misrepresentation of the truth or concealment of a material fact
Recklessly causing another person severe emotional distress through one's e
Law enforcement officer induces defendant to commit a crime he otherwise wo
49
What is Law?
1 year: Malicious prosecution, libel, slander, or breach of promise of marr
Law enforcement officer induces defendant to commit a crime he otherwise wo
The legal responsibility to another or to society
Enforceable rules governing relationships among individuals and between ind
50
Amendment XIII
To punish the wrongdoer
Invented to stop organized crime, criminalized conduct that offers solution
No slavery
Opening statement, testimony, plaintiff rests, motion for directed verdict,
51
Proximate cause
"the thing speaks for itself", doctrine that in some circumstances the mere
Is couched in terms of foreseeability, is based on not extending duty of ca
To punish the wrongdoer
Intentional infliction of harmful or offensive bodily contact
52
Intermediate Test
Plaintiff's negligence bars recovery, last clear chance doctrine
If gender-based, law must have substantial relationship to an important gov
Intentional infliction of harmful or offensive bodily contact
Grants immunity to ISP's
53
Comparative Negligence
Reasonable belief of facts surrounding an act such that conduct would not b
Scheme for apportioning fault, under modified comparative negligence, if pl
A tort committed by failure to observe the standard of care required by law
Although a person may not have a duty to help another, a person has a duty
54
Battery
Making threats to obtain money or property
"To stand by decisions"
Intentional infliction of harmful or offensive bodily contact
Significant and unreasonable harm to another's use or enjoyment of land
55
FCC v. Fox
A CIVIL wrong, other than breach of contract, for which a remedy may be obt
Plaintif has loathsome disease, committed unlawful acts in business, commit
Bans fleeting expletives on tv broadcasts, finding that they were not arbit
Means of enforcing a right or preventing a wrong
56
Felony
If gender-based, law must have substantial relationship to an important gov
Powers not delegated to US are given to states
serious crimes punishable by imprisonment for 1+ years or death
A knowing misrepresentation of the truth or concealment of a material fact
57
Levels of Homicide
Means of enforcing a right or preventing a wrong
(Starting with worst) Capital, 1st degree, 2nd degree, Manslaughter, Crimin
Violation of statute is per se negligent, if statute is designed to prevent
Federal preemption does not protect auto manufacturers from injuries caused
58
Strict Liability
Liability without fault, not intentional or negligent. Bases: Abnormally da
Plaintiff initiates lawsuit by filing (Complaint: Federal, Petition: Texas)
Jurisdiction over property of Defendant to satisfy judgement
Making threats to obtain money or property
59
Civil Law
Courts may award punitive damages to deter defendant, limited by due proces
person invited as member of public or for business purpose, landowner must
Body of law governing civil or PRIVATE rights; preponderance of evidence (E
Freedom of speech, religion, protest
60
Entrapment
Caldwell wins, alleged breach of duty of reasonable care
Law enforcement officer induces defendant to commit a crime he otherwise wo
Jurisdiction over property of Defendant to satisfy judgement
A legally enforceable claim that another will do or will not do a given act
61
Insanity
No cruel or unusual punishment
Specifies where suit may/must be brought
Appeals court determines whether trial court committed error
As a result of severe mental disease or defect. Federal Insanity Defense Re
62
Civil Litigation Process: Trial Phase
Jury, Bench, Jury Selection
Nonviolent crime involving deceit, corruption, or a breach of trust (EX: Em
Invented to stop organized crime, criminalized conduct that offers solution
Congress's unbridled authority to regulate commerce with foreign nations
63
Criminal Law
The body of law defining offenses against the community at large or PUBLIC,
Jury, Bench, Jury Selection
"To stand by decisions"
If non-fundamental right, law must be rationally related to a legitimate go
64
Amendment XIV
Means of enforcing a right or preventing a wrong
Body of law governing civil or PRIVATE rights; preponderance of evidence (E
All persons born or naturalized in US are citizens of US and state they res
Duty, Breach of duty, Proximate causation, Injury or damage.
65
Amendment III
Opening statement, testimony, plaintiff rests, motion for directed verdict,
No quartering of soldiers
Body of law governing civil or PRIVATE rights; preponderance of evidence (E
Prescribes steps for having a right or duty enforced
66
Natural Law
Comes from God and religious beliefs
As a result of severe mental disease or defect. Federal Insanity Defense Re
Reasonable belief of facts surrounding an act such that conduct would not b
A legally enforceable claim that another will do or will not do a given act
67
Commerce Clause
serious crimes punishable by imprisonment for 1+ years or death
person who enters or remains on land of another without permission or privi
Jurisdiction over property of Defendant to satisfy judgement
Congress's unbridled authority to regulate commerce with foreign nations
68
Defense of Person or Property
Due process clause of 14th amendment limits punitive damages
Laws of court, can't be tried twice for same crime, testify against one's s
Plaintiff's negligence bars recovery, last clear chance doctrine
May use reasonable force to protect themselves or others or their property.
69
Why do we have law?
Power of Federal Government vs Individuals
As a result of severe mental disease or defect. Federal Insanity Defense Re
Is couched in terms of foreseeability, is based on not extending duty of ca
To maintain social, political and economic stability, to protect property,
70
Slander per se
Plaintif has loathsome disease, committed unlawful acts in business, commit
Appropriation of a person's identity without consent is an invasion to the
"To stand by decisions"
Body of law governing civil or PRIVATE rights; preponderance of evidence (E
71
Res Ipsa Loquitur
A knowing misrepresentation of the truth or concealment of a material fact
"To stand by decisions"
Jurisdiction over property of Defendant to satisfy judgement
"the thing speaks for itself", doctrine that in some circumstances the mere
72
Nuisance
An offensive, intentional interference with a person's seclusion or private
Wrongful entry on another's real property
Significant and unreasonable harm to another's use or enjoyment of land
The legal responsibility to another or to society
73
People vs Farrell
Governmental laws: Judicial, Legislative and Administrative law
Guaranteed constitutional right to same-sex marriage
Violation of Miranda rights
The body of law defining offenses against the community at large or PUBLIC,
74
Soldano Case
Although a person may not have a duty to help another, a person has a duty
Creates, defines and regulates rights, duties and powers
Economic losses, Medical expenses, Pain and suffering, Loss of consortium
Interference with contraction relations or with prospective relations
75
Right
Federal law PREEMPTS conflicting State law when Congress so intends, must b
If fundamental right, law must be strictly tailored to a compelling governm
Disclosures, Depositions, Interrogatories, Requests for Production, Request
A legally enforceable claim that another will do or will not do a given act
76
Palsgraf Case
Body of law governing civil or PRIVATE rights; preponderance of evidence (E
Intentional infliction of harmful or offensive bodily contact
Established concept of proximate cause
Right to trial by jury
77
Texas statutes of limitation
1 year: Malicious prosecution, libel, slander, or breach of promise of marr
Congress has power to make all laws in order to preserve constitution
No unreasonable search or seizures
No slavery
78
Damages recoverable in tort
A CIVIL wrong, other than breach of contract, for which a remedy may be obt
A knowing misrepresentation of the truth or concealment of a material fact
Economic losses, Medical expenses, Pain and suffering, Loss of consortium
Body of law governing civil or PRIVATE rights; preponderance of evidence (E
79
In Rem Jurisdiction
Comes from God and religious beliefs
The use of another's likeness for one's own benefit
Jurisdiction over particular PROPERTY that is subject of suit
Making threats to obtain money or property
80
Doctrine of Stare Decisis
Interference with contraction relations or with prospective relations
Invented to stop organized crime, criminalized conduct that offers solution
"To stand by decisions"
Jurisdiction over property of Defendant to satisfy judgement
81
Strict Scrutiny Test
Body of law governing civil or PRIVATE rights; preponderance of evidence (E
As a result of severe mental disease or defect. Federal Insanity Defense Re
Jurisdiction over property of Defendant to satisfy judgement
If fundamental right, law must be strictly tailored to a compelling governm
82
Statutes of Limitation
Specifies period after a claim arises during which a plaintiff can file sui
As a result of severe mental disease or defect. Federal Insanity Defense Re
Liability without fault, not intentional or negligent. Bases: Abnormally da
Plaintiff initiates lawsuit by filing (Complaint: Federal, Petition: Texas)
83
4 years: Breach of contract, fraud
Liability without fault, not intentional or negligent. Bases: Abnormally da
4 years: Breach of contract, fraud
To punish the wrongdoer
crimes not morally wrong but declared wrongful by law
84
Necessary and Proper Clause
Decided that the method of giving a drug to a patient, measuring metabolite
person invited as member of public or for business purpose, landowner must
Congress has power to make all laws in order to preserve constitution
Invented to stop organized crime, criminalized conduct that offers solution
85
Caldwell v. Bechtel
An unjustified exploitation of one's personality or intrusion into one's pe
Caldwell wins, alleged breach of duty of reasonable care
Right to bear arms
A legal obligation that is owed or due to another and that needs to be sati
86
Civil Litigation Process: Pretrial Phase
Disclosures, Depositions, Interrogatories, Requests for Production, Request
Jurisdiction over the persons (Plaintiff vs Defendant)
Laws of court, can't be tried twice for same crime, testify against one's s
Power of Federal Government vs Individuals
87
Sources of Criminal Law
Texas- Texas penal Code, Federal- Title 18, US code
Governmental laws: Judicial, Legislative and Administrative law
If non-fundamental right, law must be rationally related to a legitimate go
Intentional infliction of harmful or offensive bodily contact
88
Sarbanes-Oxley act
Prescribes steps for having a right or duty enforced
Liability that does not depend on actual negligence or intent to harm, but
Applies to publicly traded companies, increased penalties for existing crim
Jurisdiction over property of Defendant to satisfy judgement
89
Positive Law
Ways to resolve disputes without resorting to litigation. FORMS: Negotiatio
"To stand by decisions"
Governmental laws: Judicial, Legislative and Administrative law
Opening statement, testimony, plaintiff rests, motion for directed verdict,
90
Actus Reus
(Starting with worst) Capital, 1st degree, 2nd degree, Manslaughter, Crimin
"guilty act" i.e. Criminal conduct, must be voluntary, may be an ACT or an
"the thing speaks for itself", doctrine that in some circumstances the mere
"The power to speak law"
91
Amendment I
Interference with contraction relations or with prospective relations
Freedom of speech, religion, protest
Plaintif has loathsome disease, committed unlawful acts in business, commit
serious crimes punishable by imprisonment for 1+ years or death
92
Mistake of fact
Power of Federal Government vs Individuals
Texas- Texas penal Code, Federal- Title 18, US code
Reasonable belief of facts surrounding an act such that conduct would not b
Congress's unbridled authority to regulate commerce with foreign nations
93
Criminal Trial Objective
Duty, Breach of duty, Proximate causation, Injury or damage.
Power of Federal government vs State government
To punish the wrongdoer
A CIVIL wrong, other than breach of contract, for which a remedy may be obt
94
Procedural Law
A legal obligation that is owed or due to another and that needs to be sati
Prescribes steps for having a right or duty enforced
Specifies period after a claim arises during which a plaintiff can file sui
Enforceable rules governing relationships among individuals and between ind
95
Duress
Significant and unreasonable harm to another's use or enjoyment of land
Threat of immediate, serious bodily harm to self or others. Not a defense t
The legal responsibility to another or to society
Economic losses, Medical expenses, Pain and suffering, Loss of consortium
96
10th Amendment
Economic losses, Medical expenses, Pain and suffering, Loss of consortium
No quartering of soldiers
Body of law governing civil or PRIVATE rights; preponderance of evidence (E
The powers not delegated to the US by the Constitution, nor prohibited by i
97
Elements of Torts
Federal preemption does not protect auto manufacturers from injuries caused
Intentional infliction of harmful or offensive bodily contact
Duty, Breach of duty, Proximate causation, Injury or damage.
No cruel or unusual punishment
98
Inchoate (Preparatory) Offenses
"To stand by decisions"
Criminal attempt, Criminal Conspiracy, Criminal Solicitation
Right to speedy and public trial
If non-fundamental right, law must be rationally related to a legitimate go
99
Strict liability
Invented to stop organized crime, criminalized conduct that offers solution
Liability that does not depend on actual negligence or intent to harm, but
Power of Federal government vs State government
All persons born or naturalized in US are citizens of US and state they res
100
Substantive Law
Plaintiff initiates lawsuit by filing (Complaint: Federal, Petition: Texas)
person privileged to enter or remain by consent of owner, landowner has dut
Creates, defines and regulates rights, duties and powers
Jurisdiction over particular PROPERTY that is subject of suit
101
Amendment VII
Constitution guaranteed a right to privacy
Jurisdiction over the persons (Plaintiff vs Defendant)
Grants immunity to ISP's
Right to trial by jury
102
Federalism
Significant and unreasonable harm to another's use or enjoyment of land
Power of Federal government vs State government
serious crimes punishable by imprisonment for 1+ years or death
Power of Federal Government vs Individuals
103
Griswold v. Connecticut
Powers of branches of Federal Government
Is couched in terms of foreseeability, is based on not extending duty of ca
Constitution guaranteed a right to privacy
Plaintiff's negligence bars recovery, last clear chance doctrine
104
Remedy
Laws of court, can't be tried twice for same crime, testify against one's s
Means of enforcing a right or preventing a wrong
Economic losses, Medical expenses, Pain and suffering, Loss of consortium
Law enforcement officer induces defendant to commit a crime he otherwise wo
105
Punitive damages
Powers of branches of Federal Government
A legally enforceable claim that another will do or will not do a given act
Ways to resolve disputes without resorting to litigation. FORMS: Negotiatio
Courts may award punitive damages to deter defendant, limited by due proces
106
In Personam Jurisdiction
Jurisdiction over the persons (Plaintiff vs Defendant)
person invited as member of public or for business purpose, landowner must
Interference with contraction relations or with prospective relations
Wrongful entry on another's real property
107
White v. Samsung
Appropriation of a person's identity without consent is an invasion to the
Jurisdiction over property of Defendant to satisfy judgement
May use reasonable force to protect themselves or others or their property.
The wrongful possession or disposition of another's property as if it were
108
Mens Rea
"guilty mind" - Criminal mental state, Subjective v. Objective, Either inte
Making threats to obtain money or property
Interference with contraction relations or with prospective relations
Violation of Miranda rights
109
White Collar Crimes
Laws of court, can't be tried twice for same crime, testify against one's s
The body of law defining offenses against the community at large or PUBLIC,
Nonviolent crime involving deceit, corruption, or a breach of trust (EX: Em
Opening statement, testimony, plaintiff rests, motion for directed verdict,
110
Amendment VI
Federal law PREEMPTS conflicting State law when Congress so intends, must b
Plaintiff's negligence bars recovery, last clear chance doctrine
Powers of branches of Federal Government
Right to speedy and public trial
111
Mayo v. Prometheus
Power of Federal government vs State government
Decided that the method of giving a drug to a patient, measuring metabolite
Bans fleeting expletives on tv broadcasts, finding that they were not arbit
Scheme for apportioning fault, under modified comparative negligence, if pl
112
Invasion of privacy
Jurisdiction over particular PROPERTY that is subject of suit
May use reasonable force to protect themselves or others or their property.
Right to speedy and public trial
An unjustified exploitation of one's personality or intrusion into one's pe
113
Venue
Specifies where suit may/must be brought
As a result of severe mental disease or defect. Federal Insanity Defense Re
Grants immunity to ISP's
4 years: Breach of contract, fraud

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