Second+midterm+review+session+LEB+323+Spring+2026++4+3+2026+

LEB 323 Review Session Notes for Midterm #2

General Exam Information

  • The midterm will consist of:
    • 15 multiple-choice questions
    • 2 essay questions
  • Time allocation: 75 minutes to complete the exam.
  • Exam administration:
    • Multiple-choice: Scantron form
    • Essays: Bring a Bluebook or college-ruled notebook paper for writing.
    • Required materials: A pencil for the Scantron and a pen for the essays.
  • Exam is open book and open notes, but only hard copies are allowed:
    • No electronics may be visible or consulted.
  • Important methodology for essays: IRAC method (Issue, Rule, Application, Conclusion).
  • Preparation advice:
    • Review class slides, especially practice questions and cases.
    • Reading materials reinforce lectures and should be reviewed.

Topical Outline

Intentional Torts
  • Defamation:
    • Difference between libel (written) and slander (spoken).
    • Distinction between private and public figures.
    • Good faith defense: A defense that can protect against claims if the defendant acted in a reasonable manner.
    • Difference between malice (intention to harm) and negligence (failure to exercise reasonable care).
    • Distinction between statements as fact versus opinion.
    • Liability distinctions:
    • Speaker: Original author of the statement.
    • Publisher: Entity that disseminates the statement.
    • Distributors: Those who circulate the statement with no editorial control.
  • Business Disparagement:
    • Similar to defamation but specifically relates to false statements impacting a business's reputation.
    • Differences from defamation include focus on economic interests.
  • Trespass:
    • Different from nuisance, which involves an indirect interference with the use of property.
    • Basic concept should be understood.
  • False Imprisonment:
    • Shopkeeper’s privilege: Allows store owners to detain suspected shoplifters under certain conditions.
  • Intentional Infliction of Emotional Distress:
    • Specific treatment and understanding of how Texas courts address this tort.
  • Invasion of Privacy:
    • Different types covered include:
    • Intrusion into private affairs.
    • Disclosure of embarrassing private facts.
Tortious Interference with Contract
  • Distinction between existing and prospective contractual relations.
  • Important defenses to focus on include:
    • Competition: Engaging in competition does not constitute tortious interference.
    • Justification: Acting to protect one's legitimate interests.
    • Manager's Privilege: Protects reasonable actions taken to further an employer's interests.
Ethics
  • Ethics-related questions are excluded from the midterm exam but may appear on cumulative final exam.
Products Liability
  • Differences between express warranties and implied warranties:
    • Under the Uniform Commercial Code (UCC), important warranties include:
    • Merchantability: Products must meet a minimum standard of quality.
    • Fitness for a Particular Purpose: Seller's assurance regarding suitability for a specified use.
  • General circumstances in which warranties can or cannot be waived.
  • Strict liability:
    • How it differs from negligence, focusing on liability without fault.
    • Policy reasons behind strict liability laws.
  • Defects classification:
    • Design defects, manufacturing defects, and marketing defects.
    • How unreasonably dangerous products are defined under Texas law.
  • Inherently unsafe products: Special considerations for certain hazardous items.
  • Effects of modifications or changes made by the seller on product liability claims.
  • Innocent seller defense: Protects sellers who unknowingly sell defective products.
  • Plaintiff misconduct defenses: Factors that can reduce liability in product liability claims.
Criminal Law
  • Differences Between Criminal and Civil Law:
    • Burden of proof varies:
    • Criminal law requires proof beyond a reasonable doubt, while civil law requires a preponderance of evidence.
    • Types of remedies available differ between the two.
  • Constitutional Protections:
    • Basic understanding of the protections offered by the 4th, 5th, 6th, and 8th Amendments.
  • Elements for Criminal Conviction:
    • Must prove a guilty act (actus reus) and mens rea (guilty mind).
    • Distinctions between specific intent and general intent crimes.
  • Definitions and concepts related to:
    • Criminal conspiracy and attempt.
    • Common criminal defenses:
    • Insanity, intoxication, mistake, self-defense.
  • Understanding of key state crimes:
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