LS 101 Exam 2

Bill of Rights

Refers to the first ten amendments to the U.S. Constitution, ratified in 1791, guaranteeing fundamental rights and liberties.

Protected Speech

Types of speech such as political speech, symbolic speech, and hate speech that are safeguarded under the First Amendment.

Unprotected Speech

Types of speech including incitement to violence, obscenity, defamation, true threats, and fighting words that are not afforded protection under the First Amendment.

Free Exercise Clause

Part of the First Amendment that guarantees individuals the right to practice their religion freely, without government interference.

Establishment Clause

Part of the First Amendment that prohibits the government from establishing an official religion or favoring one religion over another.

Strict Scrutiny

The highest standard of judicial review applied when a law potentially violates fundamental rights or involves suspect classifications.

Intermediate Scrutiny

A standard of review applied in cases involving quasi-suspect classifications or laws affecting important but not fundamental rights.

Rational Basis Review

The lowest standard of review applied to laws that do not involve fundamental rights or suspect classifications.

Intentional Torts

Civil wrongs where a person intentionally acts in a way that causes harm to another, such as assault, battery, and defamation.

Negligence

A type of tort occurring when a party fails to exercise reasonable care, resulting in injury to another party.

Comparative Negligence

A legal doctrine that allows a plaintiff to recover damages even if they are partially at fault, reducing the award by their percentage of fault.

Contributory Negligence

A strict legal doctrine that bars recovery for plaintiffs who are found to be even partially at fault for their injuries.

Defamation

A tort consisting of false statements that harm a person's reputation, including both libel and slander.

Consideration

Something of value exchanged between parties in a contract that distinguishes a contract from a gift.

Mirror Image Rule

A contract law principle stating that an acceptance must exactly match the terms of the offer without modifications.

Trade Secret

Confidential business information providing a competitive edge, protected as long as it remains secret.

Trust

A legal arrangement where one party holds assets for the benefit of another party, often used for estate planning.

Intestate

The condition of dying without a valid will, leading to the distribution of the estate according to state intestacy laws.

Testate

The condition of dying with a valid will that specifies how the deceased's assets should be distributed.

Real Property

Land and anything permanently attached to it, such as buildings and fixtures.

Personal Property

Movable items not fixed to land, including tangible items like furniture and intangible assets like stocks.

Void Contract

An agreement that is not legally enforceable from its inception, treated as if it never existed.

Voidable Contract

A valid contract that can be canceled by one party due to specific circumstances, such as misrepresentation.

Real Property

Includes land and anything permanently attached to it, such as buildings and trees. Examples: a house, commercial buildings, land plots.

Personal Property

Consists of movable items not fixed to land, including tangible items like furniture and intangible assets like stocks. Examples: vehicles, jewelry, electronics.

Rights of Lessors

Rights include receiving rent, enforcing lease terms, and reclaiming property at lease end.

Responsibilities of Lessors

Responsibilities include maintaining property in habitable condition, making repairs, and respecting tenant privacy.

Rights of Lessees

Rights include quiet enjoyment, safe living conditions, and possibly the right to renew the lease.

Responsibilities of Lessees

Responsibilities include paying rent on time, following lease terms, and maintaining property condition.

Tenancy in Common

Ownership structure where each owner has an individual share that can be transferred or inherited independently.

Joint Tenancy

Ownership where all owners have equal shares with the right of survivorship; if one dies, their share passes to the others.

Tenancy by the Entirety

Ownership structure for married couples where both spouses have equal, undivided ownership and cannot sell without consent.

Community Property

Ownership structure where property acquired during marriage is equally owned by both spouses, divided upon dissolution or death.

Condominium Ownership

Owners have individual ownership of a unit and shared ownership of common areas.

Cooperative Ownership

Owners hold shares in a corporation that owns the property, granting them a lease to their specific unit.

Intestate

The state of dying without a valid will, with the estate distributed according to state intestacy laws.

Testate

The state of dying with a valid will that specifies the distribution of the deceased's assets.

Trust

A legal arrangement where assets are managed by a trustee for the benefit of a beneficiary; used for estate planning and asset protection.

Living Trust

A trust created while the grantor is alive, which can be revocable or irrevocable.

Testamentary Trust

A trust established through a will that comes into effect upon the grantor's death.