Comm Law I Midterm Flaschards

Front 1

The Third Party Doctrine (privacy)

Back 1

Once you share something, you've lost the privacy protections

Front 2

Negligence

Back 2

Duty + Breach of Duty + Causation + Injury

Front 3

"Negligent entrustment" (social host)

Back 3

New Jersey courts found that a social host was guilty of negligent entrustment because they were liable for supplying some object to a person who is likely to endanger others (object = car keys)

Front 4

Subject matter jurisdiction in Federal Courts

Back 4

Patents, copyrights, bankruptcy, maritime, suits vs. US

Front 5

Subject matter jurisdiction in State Courts

Back 5

Small civil, criminal, probate

Front 6

Law or Equity? Judge awards John $50,000 in malpractice suit

Back 6

LAW - all he's getting is money

Front 7

Law or Equity? Judge orders Sam to sell his house to Bill

Back 7

EQUITY - not money

Front 8

Law or Equity? Jane sues Tom for not sending the iPads she ordered through a contract

Back 8

LAW - about ordinary iPads, so money is sufficient

Front 9

Law or Equity? Wife asks for a court order to bar husband from home

Back 9

EQUITY - has nothing to do with money and is an equitable remedy meant to prevent

Front 10

Law or Equity? Neighbors go to court to stop noisy parties

Back 10

EQUITY - not suing because they haven't lost sleep or lost job (it's an equitable remedy!)

Front 11

Standard of proof for a criminal case

Back 11

"Beyond a reasonable doubt"

Front 12

Standard of proof for a civil case

Back 12

"Beyond a preponderance of the evidence"

Front 13

Standard of proof for fraud

Back 13

"By clear and convincing evidence"

Front 14

Standrad of proof for civil victim

Back 14

"Beyond a preponderance of the evidence"

Front 15

Goal of compensatory damages

Back 15

To make the victim whole and put them back in the place they were before the crime

Front 16

Goal of punitive damages

Back 16

To punish and deter

Front 17

Motion in Limine

Back 17

Request to include or exclude evidence at trial

Front 18

Voir dire

Back 18

Jury questions that need to be answered absolutely truthfully

Front 19

Motion for a directed verdict

Back 19

Defense tries to get the case thrown out. Sustained = defendant walks. Overturned = case goes forward

Front 20

Jury Nullification

Back 20

If jurors don't like the law they can find someone not guilty

Front 21

Grounds for an appeal

Back 21

1. Error in the law
2. Evidence doesn't support the verdict

Front 22

Default judgment

Back 22

If there is no answer to a complaint - automatic win!

Front 23

Motion of special appearance

Back 23

The plaintiff is coming to the courtroom but not admitting that the judge has authority over them (filed with a jurisdictional challenge)

Front 24

Tools of discovery

Back 24

Request for documents
Interrogatories
Subpoena power
Request for admissions
Depositions

Front 25

Motion for summary judgment

Back 25

Says there are no disputes of material fact requiring a trial to resolve

Front 26

With the trial's decision, an Appellate Court can...

Back 26

Affirm it
Remand it (send it back with instructions)
Reverse it
Affirm it in part
Reverse it in part
Modify it

Front 27

The law puts fault at four levels:

Back 27

1. Intent
2. Recklessness
3. Negligence
4. Innocence

Front 28

Harm to Person

Back 28

Assault
Battery
False imprisonment
Infliction of emotional distress

Front 29

Harm to Dignity

Back 29

Defamation
Invasion of Privacy

Front 30

Harm to Property

Back 30

Trespass
Nuisance
Conversion

Front 31

Harm to Economic Interests

Back 31

Interference with contractual relationship
Fraudulent misrepresentation

Front 32

Res judicata

Back 32

Same as double jeopardy in a criminal case - you can't try the same case twice!

Front 33

Invasion of privacy causes of action

Back 33

Intrusion
Appropriation
False light
Public disclosure of public fact

Front 34

Special duties of care based on relationship

Back 34

Parent/child
Doctor/patient
Common carrier
Employer/employee
School/student
Landlord/tenant
Business open to public

Front 35

Assume an issue is decided by a state supreme court. On what other cases is that decision binding?
a. The decision being appealed from and future cases in the state, but not past cases
b. The decision being appealed from, future cases in the state, and past cases which must be reopened
c. Only the decision being appealed from
d. Only future cases

Back 35

A
The decision being appealed from and future cases in the state, but not past cases

Front 36

The legislature of the state of Missouri enacts a new statute that sets stan¬dards for the liability of businesses selling defective products. This statute applies:
a. only in Missouri.
b. only in Missouri and its border states.
c. in all states.
d. in all states but only to matters not covered by other states’ laws.

Back 36

A
only in Missouri.

Front 37

As a judge, Potter applies common law rules. These rules develop from:
a. federal statutes
b. court decisions.
c. state statutes.
d. federal and state statutes.

Back 37

B
court decisions.

Front 38

Jill is an appellate court judge. In this capacity, Jill establishes a rule of law. Under the doctrine of stare decisis, the principle must be adhered to by:
a. all courts.
b. courts of lower rank only.
c. that court and courts of lower rank.
d. that court only.

Back 38

C
that court and courts of lower rank.

Front 39

In Wahoo Corp. v. Cavalier Co., the court decides that a precedent is no longer applicable due to sociatal changes. The court:
a. may rule contrary to the precedent.
b. must apply the precedent.
c. must ask a higher court to rule on the case.
d. must refuse to decide the case.

Back 39

A
may rule contrary to the precedent.

Front 40

The "right to privacy" is explicitly guaranteed in which amendment to the Constitution?
a. First Amendment
b. Fourth Amendment
c. Second Amendment
d. None of the above

Back 40

D
none of the above

Front 41

United States Supreme Court Justices who are "strict interpretalists" consider the following in making a judicial determination:
a. The framer's intent
b. Anything that helps them interpret a provision
c. Documents which reflect where we are today as a society
d. All of the above

Back 41

A
the framer's intent

Front 42

The Patent Protection and Affordable Care Act (aka Obamacare) was challenged as not being constitutional under the ___ clause of the US Constitution.
a. The Supremacy Clause
b. The Commerce Clause
c. The Right to Privacy Clause
d. None of the above

Back 42

B
The Commerce Clause

Front 43

The Third Party Doctrine is based on the premise that an individual:
a. Has no right to privacy
b. Has no reasonable expectation of privacy in information voluntarily disclosed to third parties
c. Has to share information with third parties in order to seek constitutional protections
d. Has privacy from third parties under the 1st and 4th amendment

Back 43

B
Has no reasonable expectation of privacy in information voluntarily disclosed to third parties

Front 44

Judicial Review of Federal Laws by the US Supreme Court was created by:
a. The Commerce Clause
b. The 1st Amendment to the US Constitution
c. The Supreme Court case, "Marbury v. Madison"
d. The Supremacy Clause

Back 44

C
The Supreme Court case "Marbury v. Madison"

Front 45

Potential jurors are generally subjected to a system of questions by the judge, and both the prosecution (or plaintiff, in a civil case) and defense counsel, this is known as:
a. cross examination
b. peremptory challenge
c. challenge for cause
d. voir dire

Back 45

D
voir dire

Front 46

A request to keep certain evidence from being introduced at trial, based on its prejudicial nature is known as a motion:
a. for summary judgment
b. to dismiss
c. in limine
d. for directed verdict

Back 46

C
in limine

Front 47

Written questions presented to a party by another party in a civil proceeding are known as:
a. depositions
b. request for documents
c. subpoenas
d. interrogatories

Back 47

D
interrogatories

Front 48

In a civil proceeding the jury returns a _______ and the judge enters a _______.
a. Judgment, Verdict
b. Verdict, Judgment
c. Judgment, Appeal
d. Verdict, Appeal

Back 48

B
Verdict, judgment

Front 49

A Grand Jury:
a. decides a defendant’s guilt and recommends a sentence
b. decides only a defendant’s sentence
c. decides if there is probable cause to send a defendant to trial
d. none of the above

Back 49

C
decides if there is probable cause to send a defendant to trial

Front 50

Julian threw a brick at Will, intending to hit him. If the brick instead hits Anna, Julian has:
a. committed a battery.
b. committed an assault.
c. no liability if he has not yet reached the age of majority.
d. not committed a tort because he did not have the intent to harm Anna.

Back 50

A
committed a battery

Front 51

Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury
a. if Ike intended to push Joan.
b. only if Ike did not intend to break Joan’s arm.
c. only if Ike had a bad motive for pushing Joan.
d. only if Ike intended to break Joan’s arm.

Back 51

A
if Ike intended to push Joan

Front 52

Jaqy distributes a handbill among her neighbors accusing one of them—Joe Ked—of being a convicted sex offender. The statement is defamatory only if
a. a neighbor repeats it.
b. Ked suffers emotional distress.
c. the statement is true.
d. the statement is false.

Back 52

D
the statement is false

Front 53

Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen’s statement is defamatory only if
a. a third party hears it.
b. Hu has not been caught.
c. the statement is true.
d. none of the above

Back 53

A
a third party hears it

Front 54

Toni files a suit against Universal Media Corporation for defamation. Actual malice must be shown for recovery of damages if Toni is
a. a corporate officer.
b. a non-employee.
c. a private individual.
d. a public figure.

Back 54

D
a public figure

Front 55

In a lawsuit against Owen, Phil obtains an injunction. This is
a. an order to do or to refrain from doing a particular act.
b. an order to perform what was promised.
c. a payment of money or property as compensation.
d. a legal remedy.

Back 55

A
an order to do or to refrain from doing a particular act.

Front 56

When are equitable remedies available?
a. Equitable remedies, such as injunctions and specific performance, are available only at the Court’s discretion.
b. Equitable remedies such as injunctions and specific performance are available only from the Court of Appeals.
c. Equitable remedies such as damages, injunctions and specific performance, are available only in criminal cases.
d. Equitable remedies, such as injunctions and specific performance, are available as a matter of right.

Back 56

A
Equitable remedies, such as injunctions and specific performance, are available only at the Court’s discretion.

Front 57

In order for a court to have jurisdiction over a case the plaintiff must prove:
a. Concurrent Jurisdiction.
b. Subject Matter Jurisdiction.
c. Personal Jurisdiction.
d. Both Subject Matter and Personal Jurisdiction.

Back 57

D
Both subject matter and personal jurisdiction

Front 58

A Judge may send an individual to jail for civil contempt only after he:
a. has allowed the individual to purge the charge.
b. has allowed the individual to purge the charge and fined the individual.
c. has allowed the individual to appeal his contempt charge.
d. has first convicted the individual of criminal contempt.

Back 58

B
has allowed the individual to purge the charge and fined the individual

Front 59

The court determines whether a company has minimum contacts when it is trying to determine:
a. subject matter jurisdiction
b. personal jurisdiction
c. both subject matter and personal jurisdiction
d. concurrent jurisdiction.

Back 59

B
personal jurisdiction