Legal Studies Exam 2

Assumption Of Risk

When an individual is aware of danger and voluntarily chooses to continue

Assault

Genuine threat of physical harm

Actual Malice

When statement of untruth is made knowingly, or without regard for the truth

Actionable

Meeting the requirements for legal action to be pursued

Battery

The intentional, uninvited touch of another

Business Invitees

People invited to a business location for business purposes

Causation In Fact

An action or inaction which directly caused an event, objectively

Fraudulent Misrepresentation (Fraud)

Any intentional falsehood or omission of fact which a reasonable person would rely on as truth

False Imprisonment

Intentional confinement or restraint of another person's activities without justification.

Comparative Negligence

A tort theory in which the plaintiff (victim) is able to recover damages according to the degree that they were at fault for the situation

Compensatory Damages

A monetary award equaling the actual value of injuries and/or physical damage to the injured party

Contributory Negligence

A tort theory in which the plaintiff (victim) is unable to recover any damages if found to have any degree of fault for the situation

Conversion

The wrongful taking, using, or retaining possession of anothers' personal property (non-land)

Damages

A monetary award sought as a remedy for a violation of individual rights

Defamation

Public falsehoods with the intent to harm the reputation of another

Disparagement Of Property

Publicly spoken falsehoods with the intent to harm the reputation of another's property or product (Slander of quality or title)

Dram Shop Acts

A statute that imposes liability on businesses who sell alcohol, for accidents caused by individuals who became intoxicated at that business

Duty Of Care

The duty of people to exercise a reasonable amount of care in their everyday actions

General Damages

A monetary award to compensate non-measurable harm (e.g. pain and suffering)

Good Samaritan Statutes

A statute protecting individuals attempting to help in a perilous situation from being sued for negligence, unless they are reckless and cause further harm

Intentional Tort

An action or inaction which knowingly violates another's rights or causes harm

Libel

Written defamation, can be in other forms (Ex: digital recording)

Licensee

Someone who receives a license to use or enter another's property.

Malpractice

Misconduct, negligence, or failure to exercise requisite skill of a professional

Negligence

Failure to exercise a reasonable amount of care in a situation

Privilege

The ability to act against another's rights legally in certain circumstances

Proximate Cause

An action (or inaction) legally acceptable as liable for an event, subjective but legally justifiable

Public Figures

An individual who is well known as a result of their position or activities

Puffery

A salesperson's exaggerated claims about the quality of goods they sell, matters of opinion and not illegal

Slander

Spoken defamation

Slander Of Quality

Spoken defamation about another's products

Slander Of Title

Public statements which deny or cast doubt on another's legal ownership of property, decreases that property's value

Special Damages

A monetary award equaling the value of real monetary losses (e.g. medical expenses, current and future lost wage)

Superseding Cause

An intervening force or event preventing the negligent party from liability for an injury

Tortfeasor

One who commits a tort.

Torts

An action or inaction which violates another's rights or causes harm

Trade Libel

Written defamation of another's product

Transferred Intent

Where an individual can be liable to a secondary, unintended victim when intending harm on another (Ex: swing a bat and hit the wrong person)

Trespass To Land

The entry below, on, or above land of another without consent

Trespass To Personal Property

The illegal taking, harming, or prevention of use of another's personal property

Reasonable Person Standard

The legal standard which actions are compared to. What a "reasonable person" would do

actus reus

The action element of a crime

Arson

Malicious burning of a dwelling. Some statutes expand arson to include different property types and other means (Ex: explosion)

Beyond A Reasonable Doubt

The standard used for conviction. Someone is guilty only if there is no reasonable doubt that they committed the crime

Botnets

A group of computers connected to perform mass automated tasks. Usually a term for malicious networks

Burglary

Unlawful entry with the intent to commit a felony (In some places, intent to commit any crime is valid)

Crime

A wrong against society

Criminal Law

The branch of law defining and punishing crimes

Cyber Crime

An online crime

Cyber Fraud

Online theft of personal information

Cyberlaw

Laws governing actions online

Double Jeopardy

The Fifth Amendment states that an individual cannot be tried twice for the same offense

Duress

Unlawful pressure on an individual. May cause them to perform, or refrain from, normal actions

Embezzlement

The theft or unauthorized use of money or property entrusted to an individual

Entrapment

When an individual is persuaded to commit a crime by a public official

Exclusionary Rule

Evidence obtained in violation of an individual's rights (4th, 5th, 6th Amendments) is inadmissible in court

Felonies

A crime carrying most severe consequences (year in prison minimum)

Forgery

Fraudulent making or altering of writing with intent to change rights or liabilities of another

Grand Jury

A group of citizens who hear evidence from the state and determine the need for a trial. Different from a trial jury

Hacker

Someone who uses a computer to break into another

Identity Theft

Theft of another's personal information, often for financial gain

Indictment

The charge of a grand jury that a trial should be held

Information

A formal accusation of a crime by an officer of the law

Larceny

The theft of personal property with intent to keep permanently from its owner

Malware

General term for a wide variety of Malicious software programs

mens rea

The intent element of a crime

Misdemeanors

A lesser crime (1 year jail maximum)

Money Laundering

The act of reporting criminally obtained income through a legitimate business

Necessity

When a criminal act is performed to avoid another greater crime (ex: trespassing to save a life)

Petty Offenses

The least serious type of crime (6 months jail maximum, generally only a fine)

Phishing

Criminals pretending to be another entity in order to commit fraud

Plea Bargaining

An agreement between prosecutor and defendant for a mutually satisfactory result. Often involves pleading guilty for a lessened sentence

Probable Cause

Reasonable grounds for conducting a search or arrest

Robbery

Theft using force and/or intimidation

Search Warrant

Authorization for search of personal property by a public authority

Self-Defense

The privilege to reasonably protect one's self or property

Self-Incrimination

Giving testimony which could expose an that individual to criminal prosecution

Virus

A type of malware transmitted between computers with the intent to destroy systems and data

White-Collar Crime

Nonviolent crime used to obtain a personal or business advantage

Worm

A type of malware designed to transmit and replicate quickly between computers

Punitive Damages

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.

Requirements for Misrepresentation Suit

1. A misrepresentation of material facts or conditions with knowledge that they are false or with reckless disregard for the truth.

2. An intent to induce another party to rely on the misrepresentation.

3. A justifiable reliance on the misrepresentation by the deceived party.

4. Damages suffered as a result of that reliance.

5. A causal connection between the misrepresentation and the injury suffered.

Intentional Torts Examples

Assault and Battery

False Imprisonment

Intentional Infliction of Emotional Distress

Defamation (Libel or Slander)

Invasion of Privacy

Fraudulent Misrepresentation (Fraud)

Abusive or Frivolous Litigation

Requirements for Defamation Suit

1. The defendant made a false statement of fact.

2. The statement was understood as being about the plaintiff and tended to harm the plaintiff's reputation.

3. The statement was published to at least one person other than the plaintiff.

4. If the plaintiff is a public figure, she or he must also prove actual malice.

Defamation Defenses

Truth

Privilege (absolute or qualified)

No Actual Malice (when about a public figure)

Requirements for Negligence Suit

1. Duty. The defendant owed a duty of care to the plaintiff.

2. Breach. The defendant breached that duty.

3. Causation. The defendant's breach caused the plaintiff's injury.

4. Damages. The plaintiff suffered a legally recognizable injury.

Negligence Defenses

Plaintiff did not prove elements required

Assumption of risk

Superseding cause

Contributory negligence or comparative negligence

Requirements for Criminal Prosecution

1. The performance of a prohibited act (actus reus)

2. A specified state of mind, or intent, on the part of the actor (mens rea)

Crime Types

Violent Crime

Property Crime

Public Order Crime

White-Collar Crime

Organized Crime

Violent Crimes

Murder

Rape

Robbery

Assault

Battery

Property Crimes

Burglary

Larceny

Obtaining Goods by False Pretenses

Theft

Receiving Stolen Goods

Arson

Forgery

Public Crimes

Drunkenness

Prostitution

Gambling

Illegal Drug Use

White Collar Crimes

Embezzlement

Mail and Wire Fraud

Bribery

Bankruptcy Fraud

Insider Trading

Organized Crimes

Gambling

Prostitution

Illegal Narcotics

Counterfeiting

Loan Sharking (lending funds at higher-than-legal interest rates)

Money Laundering

Racketeering

Defenses to Crime

Justifiable use of Force

Necessity

Insanity

Mistake

Duress

Entrapment

Statute of limitations

Immunity