Untitled Flashcards Set

The Bill of Rights: First 10 amendments to the U.S. Constitution

Protected speech:political speech, most forms of expression on matters of public concern, and symbolic speech like flag burning

unprotected speech:incitement to imminent lawless action, fighting words, true threats, obscenity, defamation, child pornography, and harassment

"free exercise clause: protects an individual's right to practice their religion without government interference

establishment clause:prohibits the government from establishing a state religion or favoring one religion over another

strict scrutiny:applied to laws discriminating based on suspect classifications like race or religion

intermediate scrutiny:used for laws impacting quasi-suspect classifications like gender

rational basis review: the most lenient test, applied when no fundamental right or suspect class is involved

A tort: a wrongful act by one party that harms someone else, resulting in legal liability

intentional torts, negligent torts, and strict liability torts.

The most common defenses against the intentional torts are consent and self-defense

Remedies:  Legal Remedies (“damages”), Restitutionary Remedies, and Equitable Remedies

What Is “negligence”:Duty,breach,causation, damages

Contributory negligence: A legal defense that may be raised when the defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff.

Comparative negligence: a tort principle used by the court to reduce the amount of damages that a plaintiff can recover in a negligence-based claim.

Defamation:Two main types

Libel:written defamation

Slander:oral defamation (spoken)

What is defamation: -Publication, Someone more than just the plaintiff and defendant, Of false statements, That cause harm to reputation

Contract: legally binding agreement between two or more parties that outlines the terms of their mutual obligations

Offer, Acceptance, Awareness, Consideration, Capacity and Legality

To accept an offer:you must clearly and unequivocally agree to all the terms presented in the offer, essentially "mirroring" the original offer with no changes

Mirror image rule: means your acceptance must exactly match the offer to form a binding contract

Consideration: refers to something of value that is exchanged between parties in a contract, essentially acting as the reason why each party is bound to the agreement

Examples: it could be money, services, property, or even a promise to refrain from doing something, and is a key element for a contract to be legally enforceable

The Restatement of Contracts:legal treatise that summarizes and clarifies the common law principles of contract law

Uniform Commercial Code (UCC): is a set of standardized laws governing commercial transactions, particularly the sale of goods, across different states in the United States

What are the defenses to a contract that we discussed in class and/or the reading: not having it in writing or unclear terms.

Void contracts 

• Are treated as if they never happened

• Have no legal effect from the start

• Cannot be ratified or revived

• Are typically formed with elements that make them void, such as illegality, incapacity, or violations of public policy

Voidable contracts

• Start as valid and binding agreements 

• Can be made valid if the party who isn't bound agrees to give up their rights to rescission 

• Can be made voidable due to certain later actions or circumstances, such as misrepresentation, duress, or lack of free consent 

Real property: refers to land and anything permanently attached to it, like buildings or fixtures, making it immovable,

personal property: refers to movable items that are not fixed to the land, such as furniture, vehicles, or clothing

A "lessor": is the property owner who grants temporary usage rights to a "lessee" through a lease agreement; the lessor retains ownership rights while the lessee has the right to use the property for the duration of the lease, with the primary responsibility of paying rent on time and maintaining the property 

owners can share property rights through methods like: joint tenancy (equal shares), tenancy in common (unequal shares), or community property (marital property 

.What are the 4 types of intellectual property law we discussed:

copyrights, trademarks, patents, and trade secrets.

A testate: means that the decedent (deceased person) left a will

"Dies intestate":  means to die without a valid will. 

A trust is: a legal arrangement where a person or entity, gives another person or entity, known as the trustee, the right to manage assets for the benefit of a third party, known as the beneficiary. 

Wisconsin v Yoder: 

This case involved the rights of Amish parents to withdraw their children from public school after the 8th grade. The Supreme Court ruled in favor of the Amish, stating that forcing their children to attend school beyond the 8th grade violated their First Amendment right to free exercise of religion. The decision emphasized the importance of religious freedom and parental rights.

US v Virginia:

 This case challenged the Virginia Military Institute's (VMI) male-only admissions policy. The Supreme Court ruled that VMI's exclusion of women violated the Equal Protection Clause of the 14th Amendment. The decision required VMI to admit women and provide equal opportunities, as the policy was found to be discriminatory.

Citizens United v FEC:

 The Supreme Court ruled that corporations and unions could spend unlimited money on political campaigns, as long as it was not directly coordinated with candidates. The decision was based on the First Amendment's protection of free speech, asserting that restrictions on political spending by these entities were unconstitutional.

Palsgraf v Long Island Railroad Co: 

In this tort case, the Supreme Court ruled on whether a railroad company could be held liable for an injury to a woman caused by an explosion. The court determined that the railroad was not liable because the injury was not foreseeable, and therefore, there was no proximate cause for the injury to the plaintiff.

American Legion v American Humanist Assn:

This case involved the constitutionality of a large cross-shaped war memorial on public land. The Supreme Court ruled that the memorial did not violate the Establishment Clause of the First Amendment. It argued that the cross, though religious in shape, had become a symbol of the nation's history and sacrifice, and its presence on public land did not promote religious endorsement.

 In re Estate of Haviland:

This case dealt with whether a person who had married in a state that legalized same-sex marriage could inherit from their deceased spouse, even if they lived in a state where same-sex marriage was not recognized. The court ruled in favor of the spouse, stating that under federal law, their marriage was valid, thus allowing inheritance rights.