Study Guide

Assault & battery

Assault is trying or threatening to hurt someone without touching them; battery is actually hurting or touching someone without their permission.

Defamation of character

Saying or sharing something false about someone that harms their reputation; includes libel (written) and slander (spoken).

False imprisonment

Wrongfully keeping someone in one place and not allowing them to leave.

Tort of Misappropriation

Using someone’s name, photo, or identity without their permission, especially for profit.

Negligence

When someone fails to act with reasonable care, causing harm to another person.

Duty of care

A legal responsibility to act in a reasonably careful way to avoid harming others.

Reasonable person standard

A standard that measures how a typical person would act in a given situation.

Outrage / extreme and outrageous conduct

Behavior that is so shocking or horrible that it causes serious emotional distress.

Malicious prosecution

Wrongfully starting a legal case against someone with the intent to harm.

Good Samaritan laws

Laws that protect individuals who help others in emergencies from being sued.

Contributory negligence

When the injured person is partly at fault for their own injury.

Last clear chance doctrine

Even if someone was negligent, they can still recover damages if the other party had the last opportunity to avoid the accident.

Compensatory damages

Money awarded to compensate a victim for actual losses or injuries.

Punitive damages

Money awarded to punish a wrongdoer for especially bad behavior.

Defenses to negligence

Ways a defendant can avoid or reduce legal responsibility when accused of negligence.

Assumption of the risk

When someone voluntarily agrees to take a known risk and usually can’t sue if they get hurt.

Comparative negligence

When both parties share some fault for an injury, the court divides blame and reduces compensation.

Premises liability

A property owner's legal duty to keep their property safe for visitors.

Res ipsa loquitur

A Latin phrase meaning 'the thing speaks for itself.'

Product liability

Manufacturers or sellers are responsible for harm caused by defective or unsafe products.

Strict liability

Responsibility for harm without needing to prove carelessness if the product is inherently dangerous.

Beyond reasonable doubt

The highest level of proof required in criminal cases.

Elements necessary to find the defendant guilty

Actus Reus (Guilty Act), Mens Rea (Guilty Mind), Concurrence, Causation, Harm.

Fourth Amendment protections

Protects against unreasonable searches and seizures; requires a warrant based on probable cause.

Exclusionary Rule

Prevents illegally obtained evidence from being used in court.

Probable cause

A reasonable belief that a crime has been, is being, or will be committed.

Search warrant requirement

A legal document that must be obtained to search a person's property, based on probable cause.

Exceptions to search warrant requirement

Includes consent, plain view, search incident to arrest, exigent circumstances, and automobile exception.

Felonies

Serious crimes with punishments over a year in prison or death.

Misdemeanors

Less serious crimes with punishments usually under a year in jail or fines.

Non-intent crimes

Crimes that do not require proof of intent, just the act itself.

Specific intent crimes

Crimes requiring that the offender have a specific purpose or goal in mind.

Fifth Amendment protections

Protects against self-incrimination, double jeopardy, ensures due process, and requires compensation for property taken.

Sixth Amendment protections

Rights related to criminal prosecutions, including a speedy trial, impartial jury, and legal counsel.

Eighth Amendment protections

Protects against excessive bail, fines, and cruel and unusual punishment.

Double jeopardy

The principle that an individual cannot be tried twice for the same crime.

Intellectual property

Categories of intangible property rights including patents, copyrights, trademarks, and trade secrets.

Trade secret

Confidential business information that provides a competitive advantage.

Patent

A legal right granting an inventor exclusive control over their invention for a set time.

Copyright

Legal protection for original works of authorship, preventing unauthorized copying.

Trademark

Protection for brand names, logos, slogans, or symbols that distinguish products.

Infringements

Unauthorised use of a similar mark likely to confuse customers.

Reverse engineering

Analyzing a product to understand its workings to recreate or improve it.

IP rights expire

Allows anyone to use or build upon an idea without permission.

Fair Use Doctrine

Allows limited use of copyrighted material without permission under certain circumstances.