Bls 342 Exam 2

Front 1

2 elements of crime

Back 1

mens rea, and actus reas

Front 2

mens rea

Back 2

guilty mind

Front 3

actus reas

Back 3

guilty act

Front 4

4 pleas

Back 4

guilty, not guilty, admitting guilt but you decide, and insanity

Front 5

record expunged in ohio

Back 5

1 year for misdemenor, 3 years afte rreleased for a felony, cannot expunge driving record

Front 6

bill of rights

Back 6

1st ten amendments

Front 7

1st amendment

Back 7

freedom of speech and religion

Front 8

2nd amendment

Back 8

bear arms

Front 9

4th amendment

Back 9

illegal search and seizure, need a warrant for anything

Front 10

fruit from the poison tree

Back 10

evidence gotten illegally w/o warrant

Front 11

motion to suprress

Back 11

keep out illegally obtained evidence

Front 12

amendment 5

Back 12

double jeopardy, due process, miranda warnings

Front 13

miranda warnings

Back 13

right to remain silent, anything you say or do will be used in court, right to attorney, appoint attorney, can't afford you can remain silent till you get one, answer any questions...MUST BE READ RIGHTS OR EVERYTHING IS INVALID

Front 14

due process

Back 14

must let you know with what you are charged with

Front 15

6th amendment

Back 15

fair proceedings (speedy trial, impartial jury, informed, confront witnesses, witnesses on side, right to council)

Front 16

8th amendment

Back 16

excessive bail not required

Front 17

death penalty

Back 17

not cruel and unusual punishment

Front 18

14th amendment

Back 18

applies to states, not federal. due process

Front 19

3 types of torts

Back 19

intentional, negligent, strict-liability

Front 20

intentional torts

Back 20

intended to cause someone harm

Front 21

types of intentional torts

Back 21

assault, battery, doctrine of transferred intent (goes to someone else), false imprisonment (wrongfully detaining), defamation of character (slander), invasion of privacy, intentional infliction of emotional distress, trespassing

Front 22

intrusion into one's solitude

Back 22

budding into private life

Front 23

false light

Back 23

slander

Front 24

appropriation

Back 24

using icon to endorse without permission

Front 25

public disclosure of a private fact

Back 25

news worthy, but not private

Front 26

negligent torts

Back 26

commit tort, but not intentionally

Front 27

four requirements of negligent torts

Back 27

duty owed, breech of a duty, causal relationships, damage to property/injury

Front 28

duty owed

Back 28

drive a car, you have a duty to your passengers and other drivers. NOT your duty to help someine in peril if you weren't responsible for putting them in that danger.

Front 29

good samaritan statue (OH)

Back 29

if you expect to be paid, you are liable if help them negligently

Front 30

breech of duty

Back 30

not paying attention to your duty (lifeguard)

Front 31

causal relationships

Back 31

causal relationship b/w my actions and your harm

Front 32

contributory negligent

Back 32

a defense to negligence whereby the defendant can escape all liability by providing that the plantiff failed to act in a way that would have protected him or her from an unreasonable risk of harm and that the plaintiff's negligent behavior contributed in some way to the plantiff's accident

Front 33

assumption of the risk

Back 33

a defense that allows the defendant to escape liability by establishing that the plaintiff engaged in an activity fully aware that the type of harm he or she suffered was a possible consequence of engaging in the activity

Front 34

res ipsa locitor

Back 34

"the thing that speaks for itself." Plaintiff does not have to prove negligence; burden of proof from plaintiff to defendant speaks for itself (no sign of defendant's lack of care)

Front 35

strict liability torts

Back 35

do not have to prove negligence - liability at fault (engage in dangerous activity that no amount of due care can make them safe are held liable for all of the harm that results)

Front 36

types of strict liability torts

Back 36

wild animals (not supposed to be in captivity), ultra hazardous activity (digging a hole in your yard), product liability

Front 37

product liability has three theories

Back 37

negligent theory (hardest to prove), warranty theory (sale of tangible personal property), strict (liable without fault, don't put fingers under mower)

Front 38

claims

Back 38

negligent theory, warranty liability, strict, screwing

Front 39

3 types of people

Back 39

lowest, licensee, business invitee

Front 40

lowest

Back 40

trespasser, you owe the least duty, duty to not intentionally harm.

Front 41

licensee

Back 41

someone you invited over, property reasonably safe and warn of any known dangers

Front 42

business invitee

Back 42

invited in for economic benefit

Front 43

personal property

Back 43

you can buy it, inherit it, or receive as a gift. tangible

Front 44

gifts

Back 44

inter vivos (normal) and causa mortis (gift in anticipation of death)

Front 45

3 requirements of inter vivos

Back 45

intent to give, delivery, acceptance

Front 46

a completed gift is

Back 46

irrevocable

Front 47

donor

Back 47

giver (must intend and deliver)

Front 48

donee

Back 48

receiver (must accept)

Front 49

exception of gifts

Back 49

gifts in contemplation of marriage (conditional) are irrevocable. If marriage does not occur, you can get gift back. In Ohio, doesn't matter who breaks off engagement

Front 50

causa mortis

Back 50

recovered, can get gift back. Gift holds over the will.

Front 51

involuntarily acquire property by

Back 51

lost property (didn't intend to lose), mislaid property (intentionally placed in intent to return), and abandoned property (must be left at a dump)

Front 52

bailment

Back 52

you can bail personal property only, give it to someone to hold, use, repair, and RETURN to them

Front 53

bailor

Back 53

owner of property

Front 54

bailee

Back 54

holder is responsible for safekeeping (ie: car repaired, dry cleaners, rent a car, coat check)

Front 55

benefit the bailee

Back 55

bailee is responsible for harm to the property caused by even the slightest lack of due car

Front 56

benefit the bailor

Back 56

bailee is liable for damage to the property

Front 57

mutual benefit

Back 57

bailee must accept responsibility, can't just leave without notice

Front 58

real property

Back 58

(house, land)

Front 59

fee simple

Back 59

highest degree of ownership

Front 60

fee simple defeesible

Back 60

possibility that property can be returned

Front 61

life estate

Back 61

granted for lifetime of an individual; the right to possess the property terminates at one's death. Upon the death of the holder, property will go to another party as designated by the original granter

Front 62

tenants in common

Back 62

most common. Each co-owner has the right to sell his or her interest without the consent of the other owners

Front 63

joint tenants

Back 63

may sell their shares without the consent of the others. Joint tenants all own equal shares of the property and upon the death of one tenant, the property is divided equally among joint owners. **CAN SELL PART OF PROPERTY WITHOUT CONSENT, BUT NEW OWNER IS TENANT IN COMMON**

Front 64

tenancy by the entirety

Back 64

co-ownership by married couples: one owner cannot sell his or her interest without the other's consent

Front 65

right of eminent domain

Back 65

government can offer money to citizens for their land for public use; if don't agree on value, court and judge will decide

Front 66

criteria to determine bail amount

Back 66

crime, previous record, where you work

Front 67

interstate commerce clause

Back 67

private discrimination cannot interfere with flow of commerce through your state or prohibits people from traveling through your state