BlAW 220 exam 2 pt 1

What are regulatory agencies?

Agencies created by Congress to enforce laws/statutes (e.g., EPA, FTC).

What does the EPA do?

Enforces environmental regulations like the Clean Air Act and Clean Water Act.

What can the FTC prevent?

Anti-competitive business practices, like supermarket mergers.

What is the purpose of inspections by regulatory agencies?

Ensure businesses comply with regulations, such as pollution limits.

What legal actions can agencies take to investigate businesses?

Issue subpoenas or obtain warrants for inspections.

What is the Arbitrary and Capricious Test?

Courts defer to agencies if decisions are reasonable and follow rules.

What is the Notice and Comment Period?

Businesses can voice concerns before a regulation is enacted.

What does "Exhausting Administrative Remedies" mean?

You must go through an agency's internal process before suing in court.

What three types of power do agencies have?

Legislative (create rules), Executive (enforce rules), and Judicial (resolve disputes).

What is the Clean Air Act?

Requires businesses to reduce air pollution.

What are potential consequences of violating the Clean Water Act?

Criminal charges and fines.

What is the Superfund?

A fund used for emergency environmental cleanup (e.g., oil spills).

What is the Paris Agreement?

A global effort to combat climate change.

How does the Clean Water Act protect fish and wildlife?

By limiting pollution in water sources.

What is a tort?

A civil wrong causing harm, leading to liability.

What are the two types of torts?

Intentional and unintentional (negligence).

Give an example of an intentional tort.

Assault, battery, false imprisonment, defamation.

What is defamation?

False statements harming someone's reputation (libel = written, slander = spoken).

What are compensatory damages?

Special (quantifiable) and general (non-quantifiable) damages.

What are punitive damages?

Punish a wrongdoer for egregious actions.

What is the key ruling in the Palsgraf case?

Established proximate causation - harm must be foreseeable.

What is fraudulent misrepresentation?

Knowingly providing false information causes another person to rely on it, leading to harm or financial loss.

What is conversion in tort law?

Taking and using another's property as your own.

How long does a trademark last?

6 years initially, then renewable every 5-6 years.

How long does a patent last?

20 years.

How long does copyright protection last?

The author's lifetime + 70 years.

What is a trade secret?

Confidential business information (e.g., Coca-Cola's recipe).

What is the difference between criminal and civil law?

Criminal law involves government prosecution; civil law involves private disputes.

What are the three types of crimes?

Felonies, misdemeanors, and petty offenses.

What must the prosecution prove in a criminal trial?

Guilt beyond a reasonable doubt.

What is the RICO Act?

Used to prosecute organized crime and money laundering.

What is the Miranda Rule?

Requires police to inform suspects of their rights before questioning.

What is corporate criminal liability?

A corporation can be held liable for employees' criminal actions.

What are the four elements required to prove negligence in tort law?

Duty of care, breach, causation and damages

What are the five broad categories of crime?

violent, public order, white-collar, property, and organized crime

What is the difference between an indictment and an information in criminal law?

An indictment is a formal charge issued by a grand jury, while an information is a formal charge filed by a prosecutor less serious

What are the four types of invasion of privacy in tort law?

False Light, Intrusion into an Individual’s Affairs or Seclusion, Public Disclosure of Private Facts, Appropriation of Identity

What are the three elements of criminal liability?

The Act (Actus Reus), State of Mind (Mens Rea), Concurrence

What are the two types of causation in negligence cases?

Actual and Legal/Proximate

What is the difference between a felony and a misdemeanor?

Felony = Serious crime more than a year

Misdemeanor = less serious less than a year and pay fines

What is proximate causation in negligence cases?

harm must have been a foreseeable consequence of the defendant’s actions

What is public disclosure of private facts in invasion of privacy cases?

when someone shares private, personal information about another person without consent, and it would be considered highly offensive to a reasonable person.

What is appropriation of identity in privacy law?

when someone uses another person’s name, image, or likeness for commercial purposes without permission.

what is Actual Causation

The direct cause of harm

What are special damages in tort law?

Quantifiable losses (medical bills, loss of wages)

What is intrusion into an individual’s affairs or seclusion in privacy law?

when someone invades another person’s private space or activities where they have a reasonable expectation of privacy.

What is a trademark

Protect brand identifiers like logos, names, and slogans.

What is copyright

Protect creative works like books, music, and movies.

What is a patent

Protect inventions and new technologies.

What is false light in privacy law?

portraying someone in a misleading or false way that could harm their reputation.

What is white-collar crime

non-violent crimes committed in business or professional settings, usually for financial gain.

What is assault

Threat of harm

What is Battery

Actual physical contact causing harm.

Why can’t someone sue for emotional distress alone?

Emotional distress must be accompanied by a physical injury unless it is an intentional infliction of emotional harm.

What are legislative caps on damages

Limits on the amount of money that can be awarded in lawsuits (CA 350,000 cap medical malpractice)

What is justifiable use of force, and when can it be used as a defense?

A legal defense claiming self-defense or defense of others (must be reasonable and proportional to the threat).

What is immunity in criminal law, and how is it granted?

Protection from prosecution in exchange for testimony or cooperation.

What is comparative negligence

If the plaintiff was partially at fault, their damages may be reduced

What is superseding cause

If something unrelated intervenes and causes harm, it could limit liability

What are the defenses to criminal liability

Immunity, Mistake, and Justifiable use of force

what is false imprisonment

detaining someone without reason