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8 Cards in this Set
- Front
- Back
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Importance of Mcclulough v. maryland
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Introduced necessary and proper clause
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under what circumstances can states regulate commercial activity
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if it doesnt contradict or reduce the standards imposed by fed. law
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Three standards of review applied by the courts in equal protection cases
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Rational basis test, intermediate scrutiny, and strict scrutiny
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intentional torts one may commit against persons6)
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assault, battery, false imporisonment,emotional distress, invasion of privacy, and defamation
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three types of tort claims
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intentional torts, negligence, product liability
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Legal elements of a tort claim based on negligence
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Duty to use reasonable care - Breach of Duty of Care- Proximate cause of injury and loss- Damages
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intentional torts on may commin against property
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trespass, nuissance, and conversion
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Defenses manufacturers raise in responsse to product liability claims
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Product mis-use, assumption of risk, sophisticated user defense, and bulk supplier doctrine
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