Study Guide
Assault & battery: Trying or threatening to hurt someone (no touching needed. Actually hurting or touching someone without permission.
Defamation of character/libel, slander: Saying or sharing something false about someone that hurts their reputation.
False imprisonment is when someone is wrongfully kept somewhere and not allowed to leave.
Tort of Misappropriation: Using someone’s name, photo, or identity without their okay, especially to make money.
Negligence – elements of: is when someone fails to act with reasonable care, and that failure causes harm to another person.
Duty of care: means a person has a legal responsibility to act in a reasonably careful way to avoid harming others.
Reasonable person standard: A reasonable person wouldn’t leave ice on a sidewalk outside their store—so if someone slips, the store owner might be negligent.
False imprisonment-wrongfully keeping someone in one place and not letting them leave, without legal reason or their consent.
Outrage / extreme and outrageous: This refers to behavior that is so shocking, horrible, or beyond all bounds of decency that it causes serious emotional distress.
Malicious prosecution: happens when someone wrongfully starts a legal case against another person on purpose and without a good reason, just to cause harm.
Good Samaritan laws: protect people who help others in an emergency from being sued, as long as they act reasonably and in good faith.
Contributory negligence: when the injured person is partly at fault for their own injury.
Last clear chance doctrine: This legal rule says that even if someone was negligent, they can still recover damages if the other person had the final opportunity to avoid the accident but didn’t.
Damages: compensatory : Money awarded to compensate (pay back) the victim for actual losses or injuries — like medical bills, lost wages, or pain and suffering.
punitive Damages: Money awarded to punish the wrongdoer for especially bad, reckless, or intentional behavior.
Goal: Deter others from doing the same.
Defenses to negligence: Ways a defendant can avoid or reduce legal responsibility when accused of negligence.
Assumption of the risk: When someone voluntarily agrees to take a known risk, they usually can’t sue if they get hurt.
Contributory negligence: When the injured person is partly responsible for their own injury
Comparative negligence: When both the injured person and the other party share some fault for the injury, the court divides the blame and reduces the compensation based on each person’s percentage of fault.
Premises liability / duty owed: Premises liability means a property owner or occupier has a legal duty to keep their property safe for visitors.
Res ipsa loquitur: A Latin phrase meaning “the thing speaks for itself.”
Product liability / types of claims: a manufacturer or seller can be held responsible if a product causes harm because it’s defective or unsafe.
Defenses to product liability: Reasons a company or seller might not be fully responsible for injuries from a product.”
Strict liability: You don’t need to prove carelessness or fault—if the product or activity is inherently dangerous and causes harm, the responsible party is liable automatically.
negligence: You have to prove the person or company failed to act with reasonable care, causing harm.
Failure to warn: When a manufacturer or seller doesn’t provide enough instruction about a product’s dangers, and someone gets hurt because of it.
Beyond Reasonable doubt: The highest level of proof required in criminal cases.
Elements necessary to find the defendant guilty: Actus Reus (Guilty Act), Mens Rea (Guilty Mind), Concurrence, Causation, Harm
4th Amendment / protections: Stops the government from unfairly searching or taking your stuff. Police need a good reason and usually a warrant that says exactly what they can search. Protects your privacy and property.
Exclusionary Rule: Evidence obtained illegally (like without a proper search) from being used in court. It protects your rights and keeps police from breaking the rules.
Probable cause: reasonable belief, based on facts and circumstances, that a crime has been, is being, or will be committed. It’s the standard used by law enforcement to justify actions like searches, seizures, or arrests.
Search of automobiles: if they have probable cause to believe it contains evidence of a crime. This is because cars can quickly move away, making it hard to get a warrant in time. However, the search must be related to the reason they suspect the car.
Search warrant requirement: a legal document from a judge—to search your home or property. The warrant must be based on probable cause and say exactly what and where they can search.
Exceptions to SW requirement / consent, plain view etc: Consent: You say it’s okay to search.
Plain View: Police see evidence out in the open.
Search Incident to Arrest: Searching someone right after they’re arrested.
Exigent Circumstances: Emergency situations, like danger or evidence about to be destroyed.
Automobile Exception: Cars can be searched without a warrant if there’s probable cause.
Felonies: Serious crimes (like robbery, murder). Punishments are usually more than one year in prison or even death.
Misdemeanors: Less serious crimes (like petty theft, minor assault). Punishments are usually less than one year in jail or fines.
Non-intent crimes: These crimes don’t require proof that the person meant to do something wrong. It’s enough that they did the act, regardless of intent or knowledge.
specific intent crimes: crimes where the offender must have a particular purpose or goal in mind when committing the act—not just doing it accidentally or carelessly.
5th Amendment protections: Protects against self-incrimination (you don’t have to testify against yourself). Protects against double jeopardy (can’t be tried twice for the same crime). Guarantees due process (fair legal procedures). Requires grand jury for serious crimes. Protects against government taking property without fair compensation.
6th Amendment: Right to a speedy and public trial. Right to an impartial jury. Right to be informed of the charges. Right to confront witnesses against you. Right to compulsory process (force witnesses to testify). Right to legal counsel (a lawyer)
8th Amendment: Protects against excessive bail. Protects against excessive fines. Protects against cruel and unusual punishment.
Double jeopardy: It means you can’t be tried twice for the same crime once you’ve been found not guilty or convicted. The government can’t keep prosecuting you over and over for the same offense.
Intellectual property / intangible property rights: Patents (inventions) Copyrights (books, music, art) Trademarks (logos, brand names) Trade secrets (confidential business info)
Trade secret: Confidential business information that gives a company a competitive edge—like formulas, recipes, processes, or strategies—that isn’t publicly known and is kept secret to stay valuable.
Patent / how is a patent holder protected: A legal right granted to an inventor that gives them exclusive control over their invention for a set time (usually 20 years). This means:
Copyright: legal right that protects original works of authorship—like books, music, movies, art, and software—from being copied or used without permission. It gives the creator control over how their work is used and distributed.
Trademark: protects brand names, logos, slogans, or symbols that identify and distinguish products or services.
Strength: trademark depends on how distinctive or well-known it is:
infringements: when someone uses a similar mark that’s likely to confuse customers.
Reverse engineering: The process of taking apart or analyzing a product to understand how it works, often to recreate or improve it.
What happens when IP rights expire: Anyone can use, copy, or build on it without permission or paying fees. Others can make or sell the invention.
Fair Use Doctrine: A legal rule that lets people use copyrighted material without permission in certain situations,