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59 Cards in this Set
- Front
- Back
The Third Party Doctrine (privacy)
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Once you share something, you've lost the privacy protections
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Negligence
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Duty + Breach of Duty + Causation + Injury
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"Negligent entrustment" (social host)
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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)
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Subject matter jurisdiction in Federal Courts
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Patents, copyrights, bankruptcy, maritime, suits vs. US
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Subject matter jurisdiction in State Courts
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Small civil, criminal, probate
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Law or Equity? Judge awards John $50,000 in malpractice suit
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LAW - all he's getting is money
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Law or Equity? Judge orders Sam to sell his house to Bill
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EQUITY - not money
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Law or Equity? Jane sues Tom for not sending the iPads she ordered through a contract
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LAW - about ordinary iPads, so money is sufficient
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Law or Equity? Wife asks for a court order to bar husband from home
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EQUITY - has nothing to do with money and is an equitable remedy meant to prevent
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Law or Equity? Neighbors go to court to stop noisy parties
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EQUITY - not suing because they haven't lost sleep or lost job (it's an equitable remedy!)
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Standard of proof for a criminal case
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"Beyond a reasonable doubt"
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Standard of proof for a civil case
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"Beyond a preponderance of the evidence"
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Standard of proof for fraud
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"By clear and convincing evidence"
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Standrad of proof for civil victim
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"Beyond a preponderance of the evidence"
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Goal of compensatory damages
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To make the victim whole and put them back in the place they were before the crime
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Goal of punitive damages
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To punish and deter
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Motion in Limine
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Request to include or exclude evidence at trial
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Voir dire
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Jury questions that need to be answered absolutely truthfully
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Motion for a directed verdict
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Defense tries to get the case thrown out. Sustained = defendant walks. Overturned = case goes forward
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Jury Nullification
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If jurors don't like the law they can find someone not guilty
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Grounds for an appeal
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1. Error in the law
2. Evidence doesn't support the verdict |
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Default judgment
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If there is no answer to a complaint - automatic win!
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Motion of special appearance
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The plaintiff is coming to the courtroom but not admitting that the judge has authority over them (filed with a jurisdictional challenge)
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Tools of discovery
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Request for documents
Interrogatories Subpoena power Request for admissions Depositions |
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Motion for summary judgment
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Says there are no disputes of material fact requiring a trial to resolve
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With the trial's decision, an Appellate Court can...
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Affirm it
Remand it (send it back with instructions) Reverse it Affirm it in part Reverse it in part Modify it |
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The law puts fault at four levels:
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1. Intent
2. Recklessness 3. Negligence 4. Innocence |
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Harm to Person
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Assault
Battery False imprisonment Infliction of emotional distress |
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Harm to Dignity
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Defamation
Invasion of Privacy |
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Harm to Property
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Trespass
Nuisance Conversion |
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Harm to Economic Interests
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Interference with contractual relationship
Fraudulent misrepresentation |
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Res judicata
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Same as double jeopardy in a criminal case - you can't try the same case twice!
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Invasion of privacy causes of action
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Intrusion
Appropriation False light Public disclosure of public fact |
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Special duties of care based on relationship
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Parent/child
Doctor/patient Common carrier Employer/employee School/student Landlord/tenant Business open to public |
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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 |
A
The decision being appealed from and future cases in the state, but not past cases |
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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. |
A
only in Missouri. |
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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. |
B
court decisions. |
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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. |
C
that court and courts of lower rank. |
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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. |
A
may rule contrary to the precedent. |
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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 |
D
none of the above |
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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 |
A
the framer's intent |
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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 |
B
The Commerce Clause |
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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 |
B
Has no reasonable expectation of privacy in information voluntarily disclosed to third parties |
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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 |
C
The Supreme Court case "Marbury v. Madison" |
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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 |
D
voir dire |
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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 |
C
in limine |
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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 |
D
interrogatories |
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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 |
B
Verdict, judgment |
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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 |
C
decides if there is probable cause to send a defendant to trial |
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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. |
A
committed a battery |
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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. |
A
if Ike intended to push Joan |
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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. |
D
the statement is false |
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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 |
A
a third party hears it |
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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. |
D
a public figure |
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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. |
A
an order to do or to refrain from doing a particular act. |
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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. |
A
Equitable remedies, such as injunctions and specific performance, are available only at the Court’s discretion. |
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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. |
D
Both subject matter and personal jurisdiction |
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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. |
B
has allowed the individual to purge the charge and fined the individual |
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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. |
B
personal jurisdiction |