MGT 2000 Concepts

Defamation

False statements of fact made about another person and communicated to a third party. Includes libel and slander.

Libel

Defamation through written or published statements, including media.

Slander

Oral defamation involving false statements about another person.

Elements of Defamation

An untrue statement of fact about the plaintiff communicated to a third party, with the applicable fault and harm requirements.

Disparagement

False statements about a competitor's products, services, property, or business reputation.

Intentional Misrepresentation (Fraud)

Intentional deception to defraud someone of money, property, or another item of value.

Assault

An intentional act creating reasonable apprehension of immediate harmful or offensive contact; physical contact is unnecessary.

Battery

Unauthorized harmful or offensive physical contact with another person.

Transferred Intent

Intent directed at one person transfers when an intentional tort harms a different person.

False Imprisonment

Intentional confinement or restraint without legal justification or consent.

Right to Publicity

Protection against unauthorized appropriation of a person's name, likeness, or identity for commercial benefit.

Invasion of Privacy

Violation of a person's legally protected interest in privacy.

Intentional Infliction of Emotional Distress

Extreme and outrageous conduct intentionally or recklessly causing severe emotional distress.

Negligence

Failure to exercise reasonable care that causes foreseeable harm to another person.

Five Elements of Negligence

Duty of care; breach of duty; injury; actual causation; proximate causation.

Duty of Care

Legal obligation to avoid causing unreasonable harm to others.

Breach of Duty

Failure to exercise the care a reasonable person would exercise under the circumstances.

Actual Cause

The negligent conduct must actually cause the injury; commonly evaluated with a but-for test.

Proximate Cause

Legal limitation on responsibility for consequences of negligence, commonly linked to foreseeability.

Negligence Per Se

Violation of a qualifying safety statute or ordinance establishes breach of duty.

Gross Negligence

Willful or reckless disregard for another person's safety.

Professional Malpractice

A professional's failure to meet the applicable professional standard of care.

Good Samaritan Law

Provides specified protection to qualifying people rendering emergency assistance.

Assumption of Risk

Defense where the plaintiff knowingly and voluntarily accepts a risk that causes injury.

Contributory Negligence

In jurisdictions applying this rule, a plaintiff's own negligence can bar recovery.

Comparative Negligence

Damages are allocated or reduced according to the parties' respective fault.

Superseding Event

An intervening event that breaks the legal chain of causation and may relieve the defendant of liability.

Strict Liability

Liability without proof of negligence or intent, when the law imposes responsibility for a qualifying activity or defective product.

Product Liability

Legal liability of manufacturers, sellers, or others for injuries caused by defective products.

Three Product Liability Theories

Negligence, misrepresentation, and strict liability.

Manufacturing Defect

A product is improperly manufactured or assembled and departs from its intended specifications.

Design Defect

A product's design creates an unreasonable danger, potentially evaluated through risk-utility analysis.

Failure to Warn

A product defect involving failure to provide adequate warnings about relevant dangers.

Defective Packaging

Packaging is inadequate to protect consumers, such as insufficient tamper resistance.

Risk-Utility Analysis

Comparison of a product design's risks against its benefits when evaluating design defects.

Chain of Distribution

Manufacturers, distributors, wholesalers, and retailers may face strict product liability for a defective product.

Abnormal Misuse

Use of a product in an unforeseeable, abnormal way that may provide a defense to product liability.

Equal Protection Clause

The Fourteenth Amendment prohibits states from denying people equal protection of the laws; similarly situated persons generally must be treated alike.

Strict Scrutiny

Review applied to suspect classifications such as race and certain fundamental rights; requires a compelling government interest and narrow tailoring.

Intermediate Scrutiny

Review generally applied to gender classifications; requires an important government objective and substantial relation to it.

Rational Basis Test

Review of classifications such as age; the law generally stands if rationally related to a legitimate government purpose.

Due Process Clause

Government cannot deprive a person of life, liberty, or property without due process of law.

Procedural Due Process

Government must provide legally adequate procedures, such as notice and an opportunity to be heard.

Substantive Due Process

Protects against certain improper government laws or actions; the slides emphasize clarity and avoiding overly broad or vague laws.

Supremacy Clause

The Constitution and valid federal laws and treaties take priority over conflicting state or local laws.

Preemption

Valid federal law displaces conflicting or otherwise preempted state or local law.

Commerce Clause

Grants Congress authority to regulate commerce among states, with foreign nations, and with Native American tribes.

Dormant Commerce Clause

Limits state regulations that improperly discriminate against or unduly burden interstate commerce.

Police Power

Authority of states and local governments to protect public health, safety, morals, and welfare.

Freedom of Speech

The First Amendment protects oral, written, and symbolic expression against government restrictions, subject to applicable limits.

Commercial Speech

Business-related expression such as advertising, which receives limited First Amendment protection.

Establishment Clause

Prohibits government establishment or promotion of religion.

Free Exercise Clause

Protects religious exercise against prohibited government interference.

Takings Clause

Government taking of private property for public use requires just compensation.

Privileges and Immunities

Constitutional protections against certain discriminatory treatment of citizens from other states.

Trade Secret

Valuable confidential business information, such as a formula, design, or customer list, protected through secrecy.

Trade Secret Misappropriation

Improper acquisition, use, or disclosure of another's protected trade secret through unlawful means.

Reverse Engineering

Examining or recreating a competitor's product to discover how it works; can be lawful without improper acquisition.

Patent

Government-granted exclusive rights to a qualifying invention for a legally defined period.

Patent Infringement

Unauthorized use, making, or sale of a patented invention.

Copyright

Exclusive legal rights over qualifying original creative works fixed in a tangible form.

Copyright Infringement

Unauthorized copying of a substantial and material protected portion of a copyrighted work.

Fair Use Doctrine

Permits certain limited unauthorized uses of copyrighted material based on applicable legal factors.

Trademark

A word, symbol, name, or design used to identify and distinguish goods or services.

Trademark Infringement

Unauthorized trademark use likely to cause confusion about the source or sponsorship of goods or services.

Trademark Dilution

Weakening of a famous mark's distinctiveness or reputation through blurring or tarnishment.

Standing to Sue

Requirement that a plaintiff have a legally sufficient stake in the outcome of a lawsuit.

Personal Jurisdiction

Court authority over a particular defendant.

Long-Arm Statute

State law allowing jurisdiction over qualifying nonresident defendants with sufficient contacts.

Subject-Matter Jurisdiction

Court authority to hear the type of case presented.

Federal Question Jurisdiction

Federal court authority over cases arising under federal law, the U.S. Constitution, or treaties.

Diversity Jurisdiction

Federal jurisdiction generally involving citizens of different states and an amount in controversy exceeding $75,000.

Venue

Proper geographic location for a lawsuit.

Statute of Limitations

Legal time limit for bringing a lawsuit.

Discovery

Pretrial process in which parties obtain relevant information and evidence.

Summary Judgment

Judgment without trial when no genuine dispute of material fact requires trial and the moving party is entitled to judgment as a matter of law.

Arbitration

Alternative dispute resolution in which a neutral arbitrator hears a dispute and issues a decision.

Mediation

Alternative dispute resolution in which a neutral mediator helps parties reach a voluntary settlement.

IRAC Method

Issue: identify legal question. Rule: state applicable law. Analysis: apply law to facts. Conclusion: state likely outcome.