Legal Studies Final Exam Study Guide

Susie and Jerry had a heated argument, and Susie decided to make her attacks to Jerry public. Which one of the following forms of speech would be most likely protected under the First Amendment, were Susie to engage in it?

Derogatory Speech

If the state proposed a law banning students from wearing cross jewelry to class, students could challenge the law as banning which provision from the Bill of Rights?

The free exercise clause of the First Amendment

If the government wants to build an interstate highway over Gretel's farm, without paying her compensation for the use of the land, which amendment would the government be violating?

The takings clause of the Fifth Amendment

If the police use thermal imaging to detect heat patterns emanating from private homes, they are probably violating which amendment?

4th Amendment

If Jones is acquitted of robbing a market and a month later a new witness comes forward and says that he saw Jones rob the market, Jones cannot be tried again for the robbery because of which amendment?

The Fifth Amendment

Which of the following refers to the residual power left to the states once the Commerce Clause is accepted as granting the federal government power over interstate commerce?

Police Power

Bill owns a corporation situated on a large plot of land at the edge of a historical national park. The government recently appropriated the corporation's land to build a community center that the public has been requesting for a long time. Under what clause is Bill owed just compensation?

Takings Clause

Takings Clause

An agency is a ________.

Legal Relationship

________ to create an agency.

No formalities are required

________ is a document that states either the power of the agent is to continue to be effective if the principal becomes incapacitated or the power of the agent is to take effect after the principal has become incapacitated.

Durable Power of Attorney

For agency by ratification to be effective, what is required?

The principal must have complete knowledge of all material facts regarding the contract.

The principal must ratify the entirety of the agent's act.

Joe is hired by a real estate company to complete a roofing job on one of their projects. The job is very specialized, he is under no supervision, and he is paid when he completes the job. Joe, however, needs to order supplies to complete this job. Does Joe have the authority to enter into contracts with other businesses as needed on behalf of the real estate company to obtain his supplies?

No, not unless he possesses authority from the principal because Joe is an independent contractor.

If a principal falsely leads a third party to believe another individual serves as their agent, does an agency relationship actually exist?

Yes, this is agency by estoppel.

An agent is entitled to compensation for their services from the principal _______.

unless the parties have agreed the agent will act gratuitously.

Suppose Jon is Kayla's boss. Thus, in this relationship, Kayla is the agent. In the course of her employment, Jon gives Kayla unlawful instructions to commit tax fraud for the company's finances. In this situation, _______.

The agent is not required to follow this instruction.

Which of the following form of agency relationship is established when a principal leads a third party to falsely believe that another person is acting as their agent?

Apparent Agency

Roger is currently in the hospital, having been diagnosed with terminal cancer. Roger would like Kim, a close friend, to make any health decisions for him in the future if he is ever incapable of making such decisions for himself. Roger would be wise to enact

A durable power of attorney

Because the primary objective of tort law is to compensate victims, the primary type of damages is _______

compensatory

In which case did the Supreme Court create the presumption that a ratio of punitive damages to compensatory damages significantly greater than 9 to 1 violates due process?

State Farm v. Campbell

How are Canadian punitive damage awards different than punitive damage awards in the United States?

Punitive damages awards in Canada are both rare and small compared to the US

Harold was playing catch with his son when the ball went into the neighbors' woods. Harold then went to chase after the ball and went onto property that said "No Trespassing. Violators will be prosecuted." Harold got the ball and did not cause any harm, but his neighbor called the police anyway. Harold is now being charged with trespassing.

The jury decided that no actual harm occurred to the owner of the property or the property itself. As a result, the jury awarded the owner of the private property $5 in damages. These damages were most likely which type of damages?

Nominal damages

A taco company is losing business to a new restaurant down the road. To try to gain business back, the taco company launches an oral marketing campaign to say that the new restaurant's tacos are such poor quality that 75 percent of customers who eat the tacos get diarrhea. The taco company completely lied about this rumor and had no evidence to back up this assertion. Which type of tort is this scenario a possible example of?

Slander of Quality

______ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.

Assault

A local Laundromat, Laura's, recently opened that temporarily offered free laundry. When this occurred, all of the customers who attended one of the 5 other local laundromats decided to go to Laura's instead. All laundromats went out of business, and subsequently, Laura began charging for Laundromat services. What tort would Laura be most likely accused of having committed?

Unfair Competition

Which of the following terms refers to a defense that allows the defendant to escape liability by establishing that the plaintiff engaged in an activity that he or she was fully aware could result in the type of harm he or she suffered?

Assumption of the risk

________ is liability without fault.

Strict Liability

A child swallowed a small part from a toy and was injured as a result. The child was three years old, and the toy was made for children 10 and up. The box clearly stated that the toy was made for children 10 years old and up and also had warnings about how parents should always supervise their children when playing with the toy. The box also said the product was not to be swallowed. In this case, the child's parent was not supervising the three year old when he swallowed the toy part. As a result, the jury determines that the toy manufacturer (defendant) was 20 percent liable, but the majority of the liability rests with the parent who did not supervise the child. Under which system of negligence can the plaintiff recover damages for the 20 percent liability of the company?

Pure Comparative negligence

Gabe is browsing movies in a video store when he sees a man fall to the ground. Gabe has had a CPR and first aid class before, and upon examining the victim, Gabe determines that he should give a CPR until the ambulance arrives. He gives the victim CPR and successfully resuscitates him. However, later the victim sues Gabe because while giving him CPR, Gabe broke two of the victim's ribs.

What is the best defense Gabe could use to not be held liable for his actions?

Good Samaritan Statutes

A(n) ________ is an unforeseeable event that interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered.

Superseding Cause

The ________ is a measurement of the way members of society expect an individual to act in a given situation.

Reasonable Person standard

Suppose Carla is a bus driver and she was driving the bus when she suffered a heart attack. As a result, the bus hits another vehicle and five children are injured. Carla had no warning signs of heart failure and has had perfect health up until the accident. Carla's attorneys should argue she is not liable under which legal doctrine?

Unfortunate Accident

Once the plaintiff has established that the defendant owes her a duty of care, she must prove that the defendant's conduct violated that duty. This violation is called a _______.

Breach of Duty

Suppose a television company manufactures a defective product. The televisions combust and explode randomly. In one circumstance, a television that is sitting next to a bunch of illegal fireworks on a garage shelf explodes. As a result, the fireworks exploded, the entire house catches on fire, and it spreads to the houses of three neighbors down the block. The neighbors want to sue the television company for negligence. In most states, the neighbors would not succeed in suing the television company for negligence. Why?

The events were not foreseeable and therefore proximate cause cannot be established.

In typical negligence cases, courts rarely award punitive damages. Instead, courts usually award punitive damages in cases in which the offender has committed _______.

Gross negligence

If a plaintiff suffers harm due to the defendant's violating a statute attempting to mitigate such harm, then the defendant will most likely be found liable for?

Negligence Per Se

When a plaintiff establishes that a defendant owes her a duty of care, she must then move to prove which of the following?

Breach of Duty

While driving, Mary suddenly fainted. Mary had no history of fainting. When she veered off of the road, she crashed into another vehicle, whose driver suffered a concussion. Mary is not liable because those who incurred harm suffered from which of the following?

from an unfortunate accident

Actual Notice

notice of an agency termination that is given directly informng third parties

Constructive Notice

notice given through an announcement

Specific Power of Attorney

grants agents express authority over specifically outlines acts

Durable Power of Attorney

Enacted or continued when the principal reaches incapacitation

General Power of Attorney

Allows agent to conduct all business for principal

Constructive Trust

an implied trust in which a party is named to hold the truth for its rightful owner

Equal Dignities Rule

An agent can only perform acts that require a writing signed by the principal if the agent’s authority is also set forth in writing

Fourteenth Amendment

equal protection clause

Tenth Amendment

provides that powers the US constitution does not grant the federal gov are reserved tot he states

Ninth Amendment

·       Provides that the bill of rights names certain rights, such naming does not limit other rights retained by citizens

Eighth Amendment

·       Provides that government will not set excessive bail

·       Prohibits government imposition of excessive fines

·       Prohibits cruel and unusual punishment

Seventh Amendmemt

·       States in common lawsuits where the monetary value exceeds $20, citizens have the right to a jury trial

Sixth Amendment

• Provides the right to a speedy public trial with an impartial jury

• Provides right to know what criminal accusations a citizen faces

• Provides right to have witnesses both for and against the accused

• Provides the right to an attorney

Fifth Amendment

ensures that government does not put citizens on trial except by a grand jury, privilege against self-incrimination, same crime twice, takings clause

Fourth Amendment

searches and seizures

Third Amendment

provides that government cannot house soldiers in private quarters during peace time

Second Amendment

right to bear arms Fi

First Amendment

protects freedom of religion, speech, press, petition and peaceful assembly

Full Faith and Credit Clause

·       Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state

Contract Clause

government cannot pass any “law impairing the obligation of contract”

Privileges and Immunities Clause

·       Prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities

Dormant Commerce Clause

·       The power given to congress to enact legislation that affects interstate commerce in effect prohibits a state from passing legislation that improperly burdens interstate commerce

Police Powers

 Retained by each state to pass laws that protect the health, safety and welfare of its citizens

 If the purpose of a state law is to regulate interstate commerce or to discriminate against interstate commerce, the law is usually unconstitutional

Anticipatory Repudiation

·       Party decides, before the actual time of performance, not to complete contract obligations

Compensatory Damages

compensate victim for all harm inflicted by person who committed the tort

nominal damages

minimal amount that signifies defendant’s wrongdoing

punitive damages

damages to seek to deter future conduct