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22 Cards in this Set

  • Front
  • Back

Case about negligence and liability

Nichols v. Niesen

4 prong test for breach of negligence

1. Duty of care

2. Breach of Duty?

3. Direct causation?

4. Injury?

Exceptions to negligence test (6 total)

1. Proximity

2. Disproportionate Injury

3. Extraordinary causation

4. Undue burden

5. Fraudulent claims

6. No logical stopping point

Which case was about waiving miranda rights?

Berghuis v. Thompkins

Which cases was about Personal jurisdiction?

Arnold Schwarzenegger v. Fred Motor Company

What is the 3 prong test for personal jurisdiction?

1. Purposeful availment

2. Claim relates to defendant's related activities

3. Fair play (fair and substantial justice)

Which case was about standing?

Mayer v. Belichick

What factor determines a plantiff's standing to sue?

Whether there is legally protected interest.

Which case was about expert testimony?

Nickles v. Schild

What is the reasoning behind the use of expert testimony?

Use of expert opinion is valid and is allowed to draw upon all the knowledge, skill, or experience that he or she has accumulated, even without formal training on the applicable liability standards

Which case was about the unconscionability of contract / arbitration clause?

Lhotka v. Geographic expeditions

What are some criteria to determine whether a contract was unconscionable?

Large difference in bargaining power

Lack of ability to negotiate

Which court case was about flag burning?

Texas v. Johnson

Which case was about balancing interest in freedom of speech?

Morse v. Frederick

Which case was about the protection under free speech?

IOTA XI Chapter v. George Mason University

What are the criteria used to determine the expressiveness of a conduct

1. Intent to convey a message

2. The message would likely be understood

What was the case regarding commercial speech?

Educational Media Company at Virgina Tech v. Insley

Central Hudson Test

1. The regulated speech concerns lawful activity and is not misleading 2. The regulation is supported by a substantial government interest 3. The regulation directly advances that interest 4. The regulation is not more extensive than necessary to serve the government's interest.

Which case was about Eminent domain?

Kelo v. City of New England, Connecticut

Which case was in regards to partial takings?

Dolan v. City of Tigard

What is the 2 factor test for partial taking justifications?

1. Nexus relationship between the legitimate purpose and conditions imposed

2. Rough proportionality between the burden and impact of the development

Which case was about substantive due process?

Skilling v. United States