LGS Exam 2

Assault

The intentional act of creating a reasonable apprehension of immediate harmful or offensive contact. No physical contact required.

Battery

The intentional and unauthorized physical contact with another person that is harmful or offensive.

Defamation of Character

A false statement presented as a fact that injures a person’s reputation.

Libel

Defamation in written or permanent form.

Slander

Defamation that is spoken.

False Imprisonment

The unlawful restraint of a person’s freedom of movement without legal justification.

Exclusionary Rule

Evidence obtained illegally cannot be used in court.

4th Amendment

Protects against unreasonable searches and seizures.

Tort of Misappropriation

The unauthorized use of another person's name, likeness, or identity for commercial purposes.

Negligence

The failure to exercise reasonable care, resulting in harm to another person.

Duty of Care

A legal obligation to avoid actions or omissions that could foreseeably cause harm to others.

Reasonable Person Standard

The standard used to determine if a person acted negligently by comparing their actions to those of a hypothetical reasonable person.

Extreme and Outrageous Conduct

Behavior that is so extreme and outrageous that it exceeds the bounds of decency in society.

Malicious Prosecution

Wrongfully subjecting someone to a legal proceeding without reasonable grounds.

Good Samaritan Laws

Laws that protect individuals from liability when they assist others in an emergency situation.

Contributory Negligence

A legal defense where if a plaintiff is found even slightly at fault, they cannot recover damages.

Last Clear Chance Doctrine

A rule stating that even if a plaintiff was negligent, the defendant is liable if they had the final opportunity to avoid harm.

Compensatory Damages

Monetary damages awarded to reimburse actual losses.

Punitive Damages

Additional damages meant to punish a defendant for egregious conduct.

Assumption of Risk

A defense where the plaintiff knowingly and voluntarily assumed the risks involved.

Comparative Negligence

A plaintiff’s damages are reduced based on their percentage of fault.

Premises Liability

A property owner’s responsibility for injuries occurring on their premises.

Res Ipsa Loquitur

"The thing speaks for itself" – Negligence is presumed when the accident could not have occurred without it.

Product Liability

Legal responsibility of manufacturers and sellers for defective products.

Strict Liability

Holds a party responsible regardless of fault.

Failure to Warn

A manufacturer’s failure to provide adequate warnings about a product’s risks.

Beyond a Reasonable Doubt

The standard of proof required for a criminal conviction.

Actus Reus

Guilty act in criminal law.

Mens Rea

Guilty mind in criminal law.

Probable Cause

Reasonable grounds for a search or arrest.

Search Warrant Requirement

A warrant is generally required unless an exception applies.

Exceptions to Search Warrant Requirement

Consent, plain view, exigent circumstances, etc.

Florida v. Jardines Ruling

Using a drug-sniffing dog on a suspect’s property without a warrant is a search.

Kentucky v. King Ruling

Established the exigent circumstances rule, allowing warrantless searches in emergencies.

Difference between Civil and Criminal Law

Civil law resolves disputes between individuals, while criminal law involves offenses against the state.

Prosecutor's Role

The government attorney who brings criminal charges.

Criminal Jury Verdicts Requirement

Must be unanimous in most cases.

Riley v. California and Wurie v. U.S. Ruling

Established that law enforcement needs a warrant to search cell phones.

Difference between Felonies and Misdemeanors

Felonies are serious crimes punishable by over a year in prison; misdemeanors have lesser penalties.

Non-Intent Crimes vs. Specific Intent Crimes

Non-intent crimes do not require proof of intent, while specific intent crimes do.

5th Amendment Protection

Protection against self-incrimination and double jeopardy.

6th Amendment Rights

The right to a fair trial, legal counsel, and an impartial jury.

8th Amendment Prohibition

Cruel and unusual punishment and excessive bail.

Double Jeopardy

Protection against being tried twice for the same crime.

Intellectual Property (IP) Rights

Legal rights protecting creations of the mind.

Trade Secret

Confidential business information that provides a competitive edge.

Patent

Grants an inventor exclusive rights to an invention for a limited time.

Copyright

Protects original works of authorship like books, music, and films.

Trademark

Protects brand names, logos, and slogans.

Strength of Trademark Determination

Varies from generic (weakest) to arbitrary or fanciful (strongest).

Infringement

Unauthorized use of another’s IP.

Reverse Engineering

Lawful process of analyzing a product to recreate it.

Expiration of IP Rights

The work enters the public domain.

Fair Use Doctrine

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