• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

Card Range To Study



Play button


Play button




Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

55 Cards in this Set

  • Front
  • Back
What are the eight Affirmative Defenses
Infancy, Mistake of Fact, Intsoxication, Insanity, Duress, Entrapment, Necessiy, Justifiable use of force
Infancy Defense
defendant doesn't have the capacity to understand what they did was wrong. Doesn't understand the severity
Mistake of Fact Defense
Someone simply made a mistake (grabbed the wrong coat)
Intoxication Defense
You have to prove the intoxication wasnt your fault and that the level of intoxication led you to not understand that what you did was wrong. (you were forced to drink or your drink was spiked)
Insanity Defense
Inablilty to appreciate wrongfulness or the difference between right and wrong.
Duress Defense
When theres the threat of bodily harm, immediately in threat of bodily harm. Has to be greater than the crime against you.
Entrapment Defense
the suggestion to commit a crime byu a government official without predisposition
Necessity Defense
commit a crime to avoid a greater crime being committed
Justifiable Use of Force Defense
defense of property. (you can tackle someone but no spring loaded shotgun). self defense.
4th Amendment
No unreasonable search and seizure. Gov. cant search w/o:
A) warrant - has to be specific
B) consent
C) Probable Cause

probable cause cannot be profiling. Airport - Arab pulled over - black
5th Amendment
A) Double Jeopardy - can't be tried twice for the same crime
B) No obligation to incriminate self
C) Due process - you have to be givne a fair legal trial
6th Amendment
A) Quick, speedy and public trial - you are guaranteed
B) Guaranteed an impartial jury of your peers
C) Have the right to be informed of accusation
D) Right to confront wintesses
E) Right to have witnesses
F) Right to have counsel
8th Amendment
A) No cruel or unusual punishment
B) No excessive bail
C) No excessive fines
14th Amendment
The amendments have to be followed.
3 purposes of Tort Law
Purpose is to compensate the aggrieved party (person that has been harmed).
To avoid vigilante justices
To create a fair and just society
Three Types of Tort Law
Strict Liability
What are the three classifications of Torts
What are the three intentional torts that can be committed on a person
What is the definition of Assault in Tort Law
One person places another in fear or apprehension of an immediate and offensive bodily contact
What is the definition of Battery in Tort Law
intentional unwanted physical contact.

A person cannot say hit me and then get battery
What are the four defenses of Battery in Tort Law
1. Consent
2. Self Defense
3. Defense of others
4. Defense of property

I committed battery because of....
What is the definition of Defamation in Tort Law
Intentional publication of a false statement bringing harm to reputation

Slander - oral
Libel - recorded
What are the two defenses of Demation in Tort Law
1. Truth
2. Privelage

Absolute privilege - Statement said when completely protected.

Conditional privilege - public speakers speaking about other public figures
What are the four torts that can be committed against privacy
1. False Light - created an impression about someone

2. Public Disclosure of private facts

3. Appropriation for commerical gain

4. Intrusion
What is the definition of Tort Law
Commonly defined as a wrong or injury to another, other than a breach of contract
What are the Torts that can be committed against property
Trespassing and Conversion
What is the definition of Trespassing in Tort Law. Four parts
1. Non permissible entry onto land of another
2. Cause object to land onto land of another
3. Stay on land when asked to leave
4. Refuse to remove an object when asked
What is the defintion of Conversion in Tort Law
Civil theft. The suing of someone to cover the value of what was stolen from you
What is the definition of Negligence Tort
Occur when the defendant acts in a way that subejects other people to an unreasonable risk of harm
What are the four negligence torts that the plaintiff can claim occured?
What is the definition of a duty negligent tort.
A duty to care for or protect someone
What are the three duties in negligence torts?
Statutory - certain people are obligated to do certain things

Fiduciary - financial duty (owner to stock holders)

Common Law - Judge created societal standards
What is the definition of a breach negligent tort
Is violating a statute.

Wreckless driving caused harm to others
What are the two causation negligent torts.
actual causation
proximate causation
What does it mean to shift burden?
Burden shifts from the plaintiff proving this occured to defendent proving, no it didn't occur.
What are the two shift burden doctrines
Negligence per se
Res ipsa loquitor
What is negligence per se?
the legal doctrine whereby an act is considered negligent because it violates a statute (or regulation).
What is Res ipsa loquitor "the thing speaks for itself mean"?
There's no way to prove it occurred but it did occur.
a) No possibility for such an occurance w/o negligence

b) Not caused by someone else

c) negligence is within defendents scope.
What are the four affirmative defenses in tort law?
1. Contributory Negligence
2. Comparative Negligence
3. Assumption of Risk
4. Superceding Cause
What is contributory negligence?
The plaintiff was also negligent. "Last Clear Chance" doctrine
What is comparative negligence? two parts
Pure comparative negligence - 25% only can recover 75% of damages

Modified comparative negligence - same as pure but if you are greater than 50% at fault then you get nothing

Each state has their own negligence doctrine.
What is assumption of risk? two parts
Express/consent - sign something or assume risks w/ purchase of ticket

Implied - risks inherent in participation (33 yr old pulls hamstring playing soccer)
What is superseding cause?
Its when its impossible to prove causation to make someone guilty.
What are strict liability torts?
1. Risk of serious harm - did the activity have risk of serious harm

2. Not possible to perform the activity safely

3. Action not normally performed in society

- the use of dynamite in the backyard
- Drag/street racing
What are federalism and judicial review apart of?
Constitutional Law
What are the six clauses that give the federalism power?
1. Supremacy Clause
2. Commerce Clause
3. Taxing and Spending Clause
4. Privaleges and Immunities Clause
5. Full Faith and Credit Clause
6. Contract Clause
What does the supremacy clause do?
Makes it so that state laws can't be less restrictive than federal law
What does the Commerce Clause do? 2 parts
Express common clause - substantial relationship to interstate commerce

Dormant common clause - states cannot makes loaw which unreasonably interfere with Interstate commerce
What does the taxing and spending clause do?
The federal government has power to tax and to spend its money
What does the privelages and immunities Clause do?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
What does the full faith and credit clause do?
Each state must honor another states decisions.
What does the contract clause do?
Governments may not make rules which invalidate contracts
What 2 speeches does the first amendment protect and what 4 does it not protect?
Political Speech (politcis or religion) and Commercial Speech

Fighting words or panic words
Lewd or obscene
Study Religion Clause
Study Religion Clause
Study State Court Systems, Federal Court Systems
Study State Court Systems, Federal Court Systems