LGS Exam 2
Q: What is assault?
A: The intentional act of creating a reasonable apprehension of immediate harmful or offensive contact. No physical contact required.
Q: What is battery?
A: The intentional and unauthorized physical contact with another person that is harmful or offensive.
Q: What is defamation of character?
A: A false statement presented as a fact that injures a person’s reputation.
Q: What is libel?
A: Defamation in written or permanent form.
Q: What is slander?
A: Defamation that is spoken.
Q: What is false imprisonment?
A: The unlawful restraint of a person’s freedom of movement without legal justification.
Q: What is the exclusionary rule?
A: Evidence obtained illegally cannot be used in court.
Q: What does the 4th Amendment protect against?
A: Unreasonable searches and seizures.
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Torts (Civil Wrongs)
Q: What is assault?
A: The intentional act of creating a reasonable apprehension of immediate harmful or offensive contact. No physical contact required.
Q: What is battery?
A: The intentional and unauthorized physical contact with another person that is harmful or offensive.
Q: What is defamation of character?
A: A false statement presented as a fact that injures a person’s reputation.
Q: What is libel?
A: Defamation in written or permanent form.
Q: What is slander?
A: Defamation that is spoken.
Q: What is false imprisonment?
A: The unlawful restraint of a person’s freedom of movement without legal justification.
Q: What is the tort of misappropriation?
A: The unauthorized use of another person's name, likeness, or identity for commercial purposes.
Q: What is negligence?
A: The failure to exercise reasonable care, resulting in harm to another person.
Q: What are the four elements of negligence?
A:
Duty – Legal obligation to act with care.
Breach – Violation of that duty.
Causation – The breach caused harm.
Damages – The plaintiff suffered actual harm or loss.
Q: What is duty of care?
A: A legal obligation to avoid actions or omissions that could foreseeably cause harm to others.
Q: What is the reasonable person standard?
A: The standard used to determine if a person acted negligently by comparing their actions to those of a hypothetical reasonable person.
Q: What is extreme and outrageous conduct?
A: Behavior that is so extreme and outrageous that it exceeds the bounds of decency in society.
Q: What is malicious prosecution?
A: Wrongfully subjecting someone to a legal proceeding without reasonable grounds.
Q: What are Good Samaritan laws?
A: Laws that protect individuals from liability when they assist others in an emergency situation.
Q: What is contributory negligence?
A: A legal defense where if a plaintiff is found even slightly at fault, they cannot recover damages.
Q: What is the last clear chance doctrine?
A: A rule stating that even if a plaintiff was negligent, the defendant is liable if they had the final opportunity to avoid harm.
Q: What are compensatory damages?
A: Monetary damages awarded to reimburse actual losses.
Q: What are punitive damages?
A: Additional damages meant to punish a defendant for egregious conduct.
Defenses to Negligence
Q: What is assumption of the risk?
A: A defense where the plaintiff knowingly and voluntarily assumed the risks involved.
Q: What is contributory negligence?
A: A plaintiff cannot recover if they are even slightly at fault.
Q: What is comparative negligence?
A: A plaintiff’s damages are reduced based on their percentage of fault.
Liability & Product Liability
Q: What is premises liability?
A: A property owner’s responsibility for injuries occurring on their premises.
Q: What is res ipsa loquitur?
A: "The thing speaks for itself" – Negligence is presumed when the accident could not have occurred without it.
Q: What is product liability?
A: Legal responsibility of manufacturers and sellers for defective products.
Q: What are defenses to product liability?
A: Assumption of risk, misuse, and state-of-the-art defenses.
Q: What is the difference between strict liability and negligence?
A: Strict liability holds a party responsible regardless of fault, while negligence requires proving fault.
Q: What is failure to warn?
A: A manufacturer’s failure to provide adequate warnings about a product’s risks.
Criminal Law
Q: What does beyond a reasonable doubt mean?
A: The standard of proof required for a criminal conviction.
Q: What two elements must be proven to find a defendant guilty?
A: Actus reus (guilty act) and mens rea (guilty mind).
Fourth Amendment & Search and Seizure
Q: What does the 4th Amendment protect against?
A: Unreasonable searches and seizures.
Q: What is the exclusionary rule?
A: Evidence obtained illegally cannot be used in court.
Q: What is probable cause?
A: Reasonable grounds for a search or arrest.
Q: What is required to search an automobile?
A: Probable cause, but fewer protections than homes.
Q: What is the search warrant requirement?
A: A warrant is generally required unless an exception applies.
Q: What are exceptions to the search warrant requirement?
A: Consent, plain view, exigent circumstances, etc.
Q: What was the ruling in Florida v. Jardines?
A: Using a drug-sniffing dog on a suspect’s property without a warrant is a search.
Q: What was the ruling in Kentucky v. King?
A: Established the exigent circumstances rule, allowing warrantless searches in emergencies.
Criminal Procedure & Rights
Q: What is the difference between civil and criminal law?
A: Civil law resolves disputes between individuals, while criminal law involves offenses against the state.
Q: What is the prosecutor’s role?
A: The government attorney who brings criminal charges.
Q: Do criminal jury verdicts have to be unanimous?
A: Yes, in most cases.
Q: What was the ruling in Riley v. California and Wurie v. U.S.?
A: Established that law enforcement needs a warrant to search cell phones.
Q: What is the difference between felonies and misdemeanors?
A: Felonies are serious crimes punishable by over a year in prison; misdemeanors have lesser penalties.
Q: What is the difference between non-intent crimes and specific intent crimes?
A: Non-intent crimes do not require proof of intent, while specific intent crimes do.
Constitutional Protections
Q: What does the 5th Amendment protect?
A: Protection against self-incrimination and double jeopardy.
Q: What rights does the 6th Amendment guarantee?
A: The right to a fair trial, legal counsel, and an impartial jury.
Q: What does the 8th Amendment prohibit?
A: Cruel and unusual punishment and excessive bail.
Q: What is double jeopardy?
A: Protection against being tried twice for the same crime.
Intellectual Property
Q: What are intellectual property (IP) rights?
A: Legal rights protecting creations of the mind.
Q: What is a trade secret?
A: Confidential business information that provides a competitive edge.
Q: What is a patent?
A: Grants an inventor exclusive rights to an invention for a limited time.
Q: What does copyright protect?
A: Original works of authorship like books, music, and films.
Q: What is a trademark?
A: Protects brand names, logos, and slogans.
Q: What determines the strength of a trademark?
A: Varies from generic (weakest) to arbitrary or fanciful (strongest).
Q: What is infringement?
A: Unauthorized use of another’s IP.
Q: What is reverse engineering?
A: Lawful process of analyzing a product to recreate it.
Q: What happens when IP rights expire?
A: The work enters the public domain.
Q: What is the Fair Use Doctrine?
A: Allows limited use of copyrighted material without permission under certain conditions.