Busn 351: Midterm

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Brown V Entertainment Mechants Assoc.

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Fed. question- 1st Amendment; Know exceptions to 1st Amendment; violent video game =not= obsenity; AFFIRMED, O: Scalia, Dec.: 7-2 (Breyer & Thomas)

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Incitement

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urge or persuade someone to act in an violent or unlawful way

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Fighting Words

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words indicating a willingness to fight or challenge someone

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Obsenity

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depiciton of sexual conduct

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Nelson V NASA

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Fed. Question- Privacy & Health Care (EEOC protection): unenumerated power; must be based off of: strict scrutiny & rational basis; REVERSE- NASA, O: Alito, Dec.: unanimous, (8-0, Kagan)

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Kelo V City of New London

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Fed. Jurisdiction- 5th Amend. (know 5th Amen. rights): argues against that takings clause; right to be charged w/ a crime before you are imprisoned; O: Stevens, Dec.: AFFIRMED, City of New London (5-4, Reihnquist, O'Connor, Scalia & Thomas)

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Hagan V Coca-Cola

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5th Circuit Ct.; Fed. Question- Impact Rule; did not apply to this case where "ingestion involves an almost unspeakably foul substance or object."; Dr. tried to prove that with "scientific certainty" that it was mold; HELD- Hagan, O: Tanner & Doyle

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Microsoft V i4i

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Patent invalidity; M. had to provide "clear and concise" evidence; AFFIRMED- i4i, O: Sotomayor, Dec.: 9-0

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Matrixx Initiatives V Siracusano

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Fed. Subject Matter Juris.- Securities Exchange Act; pharmeceutical company's nondisclosure of adverse effects- Zicam; AFFIRMED- Siracusano, O: Sotomayor, Dec.: 9-0

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Chamber of Commerce V Whiting

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Subject Matter Jurisdiction- IRCA; does the IRCA pre-empt LAWA; pre-enforcement, E-verify, Business Death Penalty, Supremacy Clause; abide by IRCA and EEOc regulations; AFFIRMED- Whiting, O: Roberts, Dec.: 5-4 (Ginsberg, Breyer, Sotomayor, Kagan)

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E-verify

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Database containing documentation showing whether you are a legal or illegal citizen

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Business Death Penalty

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the revocation of one's business license

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egregious

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very, seriously bad

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Actus Rea

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"wrongful deed", "guilty act"

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Mens Rea

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"a guilty mind"

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Tort

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Wrongful act that causes harm

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Negligent Tort

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unintentional, careless, accidental acts which cause harm to victims; A duty of due care, Breach: of that duty, have to prove: Causation, Damages; Palsgraf;

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Breach of a duty of due care

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omission: failure to perform; comission: inept or negligent performance

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Duty of Due Care

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obligation to obey laws; duty to behave responsibly; requirement to conform to standards

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Damages

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compensatory, consequential, punitive

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Intentional Torts

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made up of the tortfeasor's intent and act causing damages; Actus Reus and Mens Rea; trespassing, assault, battery, defamation

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Strict Liability

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Tortfeasor is legally liable for damage caused by the act- even if they were very careful, not negligent or acted without the intent to cause harm; abnormally dangerous activities, defective products, wild animals

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Assault

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to make a physical attack on someone

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Battery

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unconsented physical contact with another person, even if contact was not violent

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Trespassing

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enter the owner's land or property without permisson

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Defamation

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damage the good reputation of someone; must prove: FSF, HGRLP, P3rdP, Slander per se

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VA State Negligent Torts

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Contributory Negligence & Comparative Negligence

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Causation

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casual relationship between conduct and result

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Palsgraf V LIRR

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NY Ct. of Appeals- Negligent Tort; was there forseeability that Palsgraf would be injured by helping the man on the train; Zone of Danger; breach of duty on behalf man w/ package; proximate cause; no forseeability, no causation; REFIRM&REMANDED-dismissed- LIRR, O: B. Cardozzo,

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Proximate Cause

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An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred.

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Pliva v Mensing

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8th (LA) & 5th (MN) Circuits- Negligent Tort; seperate state court action torts; Reglan; tardive dyskonesia; labeling; breach by omissions; hurt under inter alia; stock/shareholders suing; pre-empt law stating labeling regulations by FDA; Hatch-Waxman Act; REVERSED/ IMPOSSIBILITY- Pliva, O: Thomas, Dec.: 5-4

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Inter Alia

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"among other things," "to specify one example out of many possibilities"

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Hatch-Waxman Act

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relaxed generic drug labeling and testing requirements; as long as the name brand passes the standard, the generic does not; assumed that the brand name drug companies would adequately label their drugs

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Pearson V Shalala

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USCA for the D.C. Circuit- approp. FDA labeling; administrative agencies; standard of changing labels: "significant scientific agreement"; Pearson wanted 4 constraints showing diff. b/t a drug & dietary supplement; exhausted administrative rememdies; REVERSED- Shalala, O: Silberman

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Administrative Law

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Most deal w/ public health & safety and regulation; Types: Independent and Fed.; governed by: APA, Constitution, and Enabling Legislation; have three levels of power like the US gov't; must exhaust all admin. remedies before an issue can go out of the agency; IRS & DEA have the power to confisgate property w/o a hearing

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APA

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Administrative Procedures Act; describes procedural due process for agencies

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ALJ

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Admin. Law Judge; may issue interim order- can't leave the agency