Bls Unit 2 Exam Review

Front 1

In order to committ a criminal act... (2)

Back 1

1. there must be a statute for the action in question that classifies it as a crime

2. the plaintiff must prove beyond a reasonable doubt that every element of the crime has been meant

Front 2

Can the state go forward with charges without the victim?

Back 2

Yes

Front 3

Jail vs. Prison

Back 3

Jail = local
Prison = Penitentiary

Front 4

Who determines the degree of a misdemeanor/felony?

Back 4

State legislature

Front 5

Punishments for 5 degrees of misdemeanors

Back 5

1. 1st Degree - 6 months; $1000 fine (i.e. assault/underage consumption)

2. 2nd Degree - 90 days; $750 fine (i.e. resisting arrest)

3. 3rd Degree - 60 days; $500 fine (i.e. criminal mischief)

4. 4th Degree - 30 days; $250 fine (bowl; trespassing)

5. 5th Degree - $150 fine (possession of marijuana)

Front 6

If you are charged with a felony, then arrested, then bond is set, what happens next?

Back 6

Arraignment

Front 7

Arraignment

Back 7

You state your plea

Front 8

How many jurors are necessary to issue an indictment?

Back 8

7 of 9

Front 9

Who is present at the grand jury trial stage

Back 9

the 9 jurors and the prosecutor

Front 10

Petit jury

Back 10

trial jury

Front 11

What are the three different types of torts?

Back 11

1. Intentional Torts
2. Negligent Torts
3. Strict Liability Torts

Front 12

Intentional tort

Back 12

When you mean to cause the harm, or you are so grossly negligent that intent is applied

Front 13

Assault

Back 13

Intentional Tort:
action that creates fear or apprehension in another for immediate bodily harm

i.e. trying to punch someone but missing

Front 14

Battery

Back 14

Intentional Tort:
a wrongful touching

i.e. groping someone or knocking a lunch tray out of their hand

Front 15

Doctrine of Transferred Intent

Back 15

Intentional Tort:
when you unintentionally hurt somoene (i.e. throwing a rock and hitting the wrong person), you are still liable

Front 16

False Imprisonment

Back 16

Intentional Tort:
to wrongfully deprive someone of their liberty of motion. the person confined must be aware that they are confined and there must be no reasonable means of escape

Front 17

Defamation of Character

Back 17

Intentional Tort:
to say or write something asserted as fact about someone that is not true and that causes harm to their name or reputation in the community; it must also be published to a third party by the speaker

Front 18

Slander

Back 18

to speak defamation

Front 19

Libel

Back 19

to write defamation

Front 20

Four Types of Invasion of Privacy

Back 20

(Intentional Tort):
1. Intrustion into one's solitude
2. False light
3. Using someone's name or likeness without their consent for economic benefit
4. Public disclosure of a private fact

Front 21

Intrusion into one's solitude

Back 21

(Violation of Right to Privacy)
i.e. taking pictures of osmeone through a window; knocking on a window

Front 22

False light

Back 22

(Violation of Right to Privacy)
to say that something is something that it is not; i.e. taking a picture and publishing it with a misleading and false caption

Front 23

Using someone's name or likeness without their consent for economic benefit

Back 23

(Violation of Right to Privacy)
i.e. taking a picture of someone and using it for product endorsement without consent

Front 24

Intentional Infliction of Emotional Distress

Back 24

Intentional Tort:
to intentionally do something that causes mental harm/emotional trauma

i.e. practical joke in which you tell someone a loved one died

Front 25

Negligent Inflection of Emotional Distress

Back 25

Unintentional/(Negligent?) Tort:
accidentally doing something that causes mental harm/emotional trauma

i.e. bus driver hitting child while mother is watching

Front 26

Two Types of Trespassing

Back 26

1. Trespass to Land
2. Trespass to Chattel (personal property)

Front 27

Trespassing

Back 27

Intentional Tort
(there are multiple types)

Front 28

Trespass to Land

Back 28

If you go on someone's property without their permission

Front 29

Trespass to Chattel

Back 29

Two forms:
1. Trespass to Chattel - i.e. take someone's bicycle without consent and return it with a flat tire

2. Conversion - i.e. take someone's bike without consent and then destroying it

Front 30

What is trespassing called in a criminal court?

Back 30

Theft

Front 31

Fraud

Back 31

Intentional Tort:
making misrepresentation of a material fact; there are four elements

Front 32

What are the four elements of fraud?

Back 32

1. Misrepresentation of material fact
2. Scienter - intent to deceive
3. Justifiable reliance - if the "victim" is aware of the fraud and continues anyway, then this tenant is NOT met because they did not have justifiable reliance on the misrepresentation
4. There must be damage or injury

Front 33

Negligent torts

Back 33

When you didn't mean for something to happen, but you don't behave as a normal person and it resulted in an accident

caused when an individual falls below the "standard of care" of a "normal and reasonable person"

Front 34

What type of damages can NOT be collected for a negligent tort?

Back 34

Puntitive (because the tort was unintentional)

Front 35

What are the four elements of a negligent tort?

Back 35

1. Duty owed
2. Breach of Duty
3. Causal Relationship/Proximate Cause
4. Injury caused and/or damage to property

Front 36

What must be established for proximate cause to be met?

Back 36

Forseeability
i.e. one can foresee that speeding may result in an accident

Front 37

Good Samaritan Statute

Back 37

if you see someone in peril and you did not put them there, and you voluntarily go to their aid and do so negligently, you cannot be held liable

Front 38

Three classes of visitors

Back 38

1. Trespassers
2. Licensees
3. Business Invitee

Front 39

What duty does a landowner have to a trespasser?

Back 39

To not intentionally harm them

Front 40

Atrractive Nuisance Doctrine

Back 40

anything that is artificial (i.e. pool) that is likely to attract children must be protected by the landowner, who will otherwise be held liable for trespassing children

Front 41

What force can be taken against a trespasser?

Back 41

only resonable force--but you cannot, for example, shoot the trespasser unless you are in fear of your own or a loved one's life

Front 42

Licensee

Back 42

a social guest--someone you've invited to your property

Front 43

What duty does a landowner have for licensees?

Back 43

a duty to make property reasonably safe and warn of any known dangers

Front 44

Business Invitee

Back 44

someone who has been invited on the premises for economic benefit (i.e. a customer at Kroger)

Front 45

What duty does a landowner have for a business invitee?

Back 45

to make the property reasonably safe, warn of any known dangers, and inspect the premises for any unknown dangers

Front 46

Assumption of Risk

Back 46

A defense for a negligent tort; if you recognize a risk beforehand, then the individual who committed the negligent tort cannot be held liable

i.e. you cannot sue a white water rafting company for drowning typically because you assumed the risk of engaging in the activity

Front 47

Contributory Negligence

Back 47

if the plaintiff is even 1% negligent, there is no recovery

Front 48

Comparative Negligence

Back 48

if the defendant is greater than 50% negligent, then the plaintiff is entitled to some recovery money

Front 49

Strict Liability torts

Back 49

When you are liable without fault--negligence does not have to be proven

Front 50

Rule for Wild Animals

Back 50

You are strictly liable for any harm caused by an imprisoned wild animal, unless the animal has escaped your property and you are not in hot pursuit

Front 51

If a defective product causes you harm, what are the three theories of recovery?

Back 51

1. Negligence Theory
2. Warranty Theory
3. Strict Liability

Front 52

Negligence Theory

Back 52

one of the three theories of recovery for harm caused by a defective product;

prove all 4 elements of negligence committed by the company, vendor, etc.

Front 53

Warranty Theory

Back 53

one of the three theories of recovery for harm caused by a defective product;

implied warranty assuming you do not buy the product as-is (?)

Front 54

Strict Liability Theory

Back 54

one of the three theories of recovery for harm caused by a defective product;

when a company has strict liability for harm i.e. if a ladder did not have a warning sticker

Front 55

Puntitive Damages

Back 55

intentional damages; punishment payment because the person committed an intentional tort

Front 56

Compensatory Damages

Back 56

lost wages, healthcare expenses, pain & suffering

Front 57

Personal Property

Back 57

property that can be either tangible or intangible

Front 58

What are the three ways to acquire personal property?

Back 58

1. Buy it
2. Probate (inherit it)
3. Gift

Front 59

Intervivos gift

Back 59

"normal" gift that is given for a special occasion or whatever

Front 60

What are the three requirements for an intervivos gift?

Back 60

1. Intent make a gift
2. Delivery of a gift
3. Acceptance of the gift

Front 61

Donor

Back 61

someone who gives a gift

Front 62

Donee

Back 62

someone who receives a gift

Front 63

What type of gift can be revoked?

Back 63

Gifts in anticipation of marriage

Front 64

Causa mortis gift

Back 64

Gifts given in anticipation of death (if you don't end up dying, you can revoke the gift)

Front 65

Which takes precedence--a will, or a causa mortis gift

Back 65

The person who was given the item as a gift gets to keep it -- provision in will is invalidated

Front 66

With lost property, who has the right to possess? Against the owner?

Back 66

No one has a right to possess against the owner, but the finder has a right to possess against anyone else

Front 67

With mislayed property, who has the right to possess? Against the owner?

Back 67

No one

Front 68

What happens if you find abandoned property?

Back 68

You become the owner

Front 69

Bailment

Back 69

taking possession of any item (PERSONAL PROPERTY) that is not yours (with consent of both parties), often with the intention of the 2nd party improving the item before returning it to the first

i.e. dry cleaning

Front 70

Bailor

Back 70

owner of personal property who gives the property to someone else

Front 71

Bailee

Back 71

someone who is given property by the bailor. The bailee has a right to possess the property

Front 72

In a bailment case, what must be proven by whom?

Back 72

the defense must prove that they were not negligent

Front 73

Who must be aware of a bailment for it to be valid and upholdable in a court of law?

Back 73

both parties

i.e. engagement ring in coat that is checked - not valid bailment

Front 74

Real property

Back 74

property that is land or a part of the land/attached to the land

Front 75

Grantor

Back 75

the one who sells real estate

Front 76

Grantee

Back 76

the one who buys real estate

Front 77

Dower Right

Back 77

A spouse has a dower right that entitles them to 1/3 of the real estate property (1/3 life estate); by signing the deed and waiving their dower right, the spouse gives up this entitlement

Front 78

Three types of ownership

Back 78

1. Fee Simple
2. Fee Simple Feasible
3. Life Estate

Front 79

Fee Simple

Back 79

A type of ownership in which you are the sole owner of the property without stipulation

Front 80

Fee Simple Defeasible

Back 80

a type of ownership in which you are the sole owner of the property, but there is a string attached

i.e. Ogden Hall girls only

Front 81

Life Estate

Back 81

a type of ownership in which you control who owns the property from the grave (to an extent)

i.e. leave house to wife, and then to children after wife dies

Front 82

Tenancy in Commons

Back 82

when multiple people share a deed and each person can valid-ly pass on their share through sale or probate

Front 83

Joint Tenants

Back 83

when multiple people share a deed:
--each person can valid-ly pass on their share through a sale, and to whom they sell there share can pass this share down through probate
--each original owner can NOT pass on their share through probate

A sells to D.
D becomes a Tenant in Commons.
B dies. --> C gets B's share

Front 84

Tenancy by the Entirety

Back 84

when a couple shares a deed--one spouse cannot sell the home without consent of the other spouse, and the house CANNOT be passed down through a will until both of the spouses are dead

Front 85

What are the three components of adverse possession

Back 85

1. open
2. hostile
3. continuous possession

Front 86

Adverse Possession

Back 86

a way by which you can gain property for free

Front 87

Open

Back 87

one of the three requirements of adverse possession;

i.e. putting a fence past your property line, openly showing your claim to the property that is not technically yours

Front 88

Hostile

Back 88

one of the three requirements of adverse possession;

the people must disagree for adverse possession to take place (?)

Front 89

Continuous Possession

Back 89

one of the three requirements of adverse possession;

i.e. the fence must be up for a set amount of time (21 years in Ohio)