LGS EXAM 2 (Ruth Ann Hall)

Assault

The threat of immediate harm or offensive contact.

Battery

Constitutes stealing a person's wallet, threatening to shoot a person, blackmailing a person, or poisoning a person's drink.

Defamation of Character

Requires a plaintiff to prove that the defendant published an untrue statement of fact about the plaintiff to a third party.

Intentional Tort

Includes disparagement, an intentional false statement that is harmful to someone's business.

Duty of Care

The obligation people owe each other not to cause any unreasonable harm or risk of harm.

Causation in Fact

A defendant's negligent act that caused the plaintiff's injuries.

Res Ipsa Loquitur

A doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.

Assumption of the Risk

A defense a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.

Contributory Negligence

A doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

Strict Liability

A tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault.

Punitive Damages

Monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.

Failure to Warn

When the containers of a product are not tamperproof.

Malicious Prosecution

The tort for which a merchant is liable if a shoplifting suspect is detained for an unreasonably long time and is found to be innocent.

Disparagement

An untrue statement made by one person or business about the products, services, property, or reputation of another business.

Intentional Misrepresentation

Occurs when a wrongdoer deceives another person out of money, property, or something else of value.

Legal Malpractice

When a lawyer fails to file a document with the court on time, causing the client's case to be dismissed.

T or F: A lawyer who fails to file a document with the court on time, causing the client's case to be dismissed, is liable for legal malpractice.

True

The threat of immediate harm or offensive contact is termed

ASSAULT The threat of harmful or offensive contact is known as assault

Which of the following torts constitutes battery?

poisoning a person's drink, stealing a wallet does not necessarily involve harmful or offensive bodily contact;

threatening to shoot someone may constitute assault (not battery)

blackmailing a person is not battery if there is no harmful bodily contact;

The tort of defamation of character requires a plaintiff to prove that the defendant

published an untrue statement of fact about the plaintiff to a third party

Which of the following is an intentional tort?

disparagement

The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed

the duty of care owed is to act as the reasonable person (avoids negligence)

What is meant by "causation in fact"?

the defendant's actions must be the cause in fact of plaintiff's injuries = causation

________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.

res ipsa loquitur "the thing speaks for itself" switches the burden of proof to the defendant

is a defense a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.

Assumption of the risk, a defense for participating in risky activities known to be dangerous

refers to a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

Comparative negligence

________ is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault.

Strict liability, strict product liability is a type of products liability, whereby an unreasonably dangerous product causes injury to a person, and makes all parties in the chain of distribution liable for injuries

Which of the following statements is true about the strict liability doctrine?

Injured bystanders are entitled to the same protection as the product's consumer.

________ damages refer to monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.

Punitive, punitive damages are meant to punish a defendant who acted recklessly and with disregard for safety

When the containers of a product are not tamperproof, this is a ________.

defect in packaging

Erin was shopping for an aluminum extension ladder. She was surprised by the number of safety labels on the ladders at her local hardware store. The store clerk explained that the manufacturers put these labels on the ladders in an attempt to avoid a lawsuit based on

failure to warn, warning labels avoid failure to warn lawsuits

Owners and occupiers of land owe a duty to those who come on to their land, and that duty is determined by

the status of the entrant, the duty owed by owners and occupiers of land to other people is determined by the status of the entrant: trespasser, licensee or business invitee

T or F: if a shoplifting suspect is detained for an unreasonably long time and is found to be innocent, the merchant is liable for the tort of malicious prosecution.

False

T or F: Disparagement is an untrue statement made by one person or business about the products, services, property, or reputation of another business.

True

T or F: Intentional misrepresentation occurs when a wrongdoer deceives another person out of money, property, or something else of value.

True, Fraud or misrepresentation

T or F: If a plaintiff is injured, the damages recoverable depend on the effect of the injury on the plaintiff's life or profession.

True

Who is the plaintiff in a criminal lawsuit?

The government, or prosecutor who represents "the people" is considered the plaintiff in a criminal case.

In the United States, what recourse does an accused person have if he cannot afford a private defense attorney?

The government will provide an attorney for the accused free of charge. The Sixth Amendment to the United States Constitution gives everyone a right to an attorney in a criminal case.

________ are the most serious crimes, including crimes that are mala in se.

Felonies are the most serious crime.

A(n) ________ is a less serious crime, is not inherently evil but nevertheless prohibited by society, and is punishable by fines or imprisonment for one year or less.

misdemeanor

Which two elements are required to find a defendant guilty of an intent-based crime?

A criminal act and criminal intent. The prosecutor must prove the criminal act (actus reus) and the evil intent (mens rea).

In a criminal case, the government is represented by the

Prosecutor, In a criminal case, the government is represented by the prosecutor or district attorney.

A(n) ________ is a document for a person's detainment that is based on a showing of probable cause that the person committed a crime.

arrest warrant

is defined as the substantial likelihood that a person either committed or is about to commit a crime.

Probable cause is defined as the substantial likelihood that a person either committed or is about to commit a crime.

A(n) ________ is an agreement in which the accused admits to a lesser crime than charged, and in return, the government agrees to impose a lesser sentence than might have been obtained had the case gone to trial.

plea bargain

A jury that cannot come to a unanimous decision about the defendant's guilt is called a(n) ________ jury.

Hung

T or F: If a defendant is found not guilty in a criminal case, the government can retry the case with a new jury.

TRUE, Only the defendant may appeal a conviction, the prosecutor may not appeal a not guilty verdict.

Which of the following crimes is an example of a white-collar crime?

Forgery

is a crime in which one person gives another person money, property, favors, or anything else of value for a favor in return.

Bribery

crimes are prone to being committed by businesspersons and usually involve cunning and deceit rather than physical force.

White-collar

is a federal act that provides for both criminal and civil penalties for racketeering

Racketeer Influenced and Corrupt Organizations Act (RICO)

Which one of the following types of protection does the Fourth Amendment provide to U.S. citizens?

Protection from unreasonable search and seizure by the government

Under which of the following circumstances is a warrantless search permitted?

If evidence is likely to be destroyed

According to the ________, evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched.

Exclusionary rule

To which Fifth Amendment provision in the U.S. Constitution do the Miranda rights refer?

Privilege against self-incrimination

The Double Jeopardy Clause of the Fifth Amendment protects persons from

being tried twice for the same crime. once a defendant is found not guilty, they may not be tried again for that same crime = double jeopardy protection

The application for registering a trademark with the Patent and Trademark Office ________

can be made either by a paper filing or by an electronic filing.

A ________ is a product formula, pattern, design, compilation of data, customer list, or other covert business information.

trade secret

The application for registering a trademark with the Patent and Trademark Office ________,

must be made electronically

T or F: A company slogan is an example of a trademark.

TRUE

Which of these marks cannot be registered with the PTO?

the flag of the State of Illinois

A(n) ________ is a term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection.

Generic name

"Just Do It" is a famous tagline used by the Nike Corporation. Which of the following types of intellectual property would this tagline come under?

Trade Mark

A ________ is any trade name, symbol, word, logo, design, or device used to identify and distinguish goods of a manufacturer or seller or services of a provider from those of other manufacturers, sellers, or providers.

Trade Mark

How is a copyright different from a patent?

The period of protection for a copyright is longer than the period of protection for a patent.

In terms of copyright law, the use of copyrighted material in a satire or parody exemplifies

the fair use doctrine

In the context of copyrighted material, which of the following statements accurately describes the fair use doctrine?

It permits certain limited use of copyrighted material by someone other than the copyright holder without the permission of the copyright holder.

What happens to the ownership of a copyrighted work after the copyright period expires?

The work enters the public domain and can be used for free.

Which of the following is copyrightable?

musical composition

A ________ is a legal right that gives the author of qualifying subject matter the exclusive right to publish, produce, sell, license, and distribute the work.

Copyright

Applications for patents must be filed with the...

U.S. Patent and Trademark Office (PTO)

When does a patent enter the public domain?

when the patent term expires

How do patent laws help an inventor?

by providing protection for patented inventions from infringement

A ________ is a grant by the federal government to the inventor of an invention for the exclusive right to use, sell, or license the invention for a limited amount of time.

patent

A competitor can lawfully use a rival's trade secret if the competitor discovers the trade secret by means of ________.

reverse engineering

A ________ is a product formula, pattern, design, compilation of data, customer list, or other covert business information.

Trade secret

Intellectual property falls into a category of property known as a(n)

intangible property