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BLAW > BLAW Exam 1 > Flashcards

BLAW Exam 1 Flashcards

1
Q

Federal Government

A

Applies to all states

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2
Q

State Government

A

Applies to that one state

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3
Q

Local Government

A

Applies to that city or county

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4
Q

U.S. Constitution

A

Supreme law of the land

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5
Q

Bill of Rights

A

The first 10 amendments, also limits government interference

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6
Q

1st Amendment

A

Right to free speech and religion

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7
Q

2nd Amendment

A

Right to bare arms

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8
Q

4th Amendment

A

Protects from search and seizure

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9
Q

5th Amendment

A

The right to remain silent

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10
Q

6th Amendment

A

The right to a fair trial

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11
Q

What does the constitution only do?

A

Regulates the government, does not regulate private employers / entities

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12
Q

What do State Constitutions do?

A

Governs state entities, each state has one

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13
Q

What is sovereign immunity?

A

You cannot sue the state in her own courts

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14
Q

What are Statutes?

A

Laws passed by legislative bodies

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15
Q

Example of Federal Statutes

A

Congress, Title VII

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16
Q

State legislative

A

Only applies to that state

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17
Q

Administrative Law

A

Regulations passed by agencies- these agencies were created by legislative bodies

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18
Q

What is an example Federal agencies

A

Internal Revenue Service (IRS)

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19
Q

What is an example of State level agencies?

A

Arkansas Game and Fish (AGFC)

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20
Q

Common Law

A

One common and uniform law, judges began to write down decisions, those decisions followed later similar cases

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21
Q

Civil VS Criminal Law

A

Violation against society as a whole

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22
Q

Criminal charges

A

Can only be filed by the government, through the prosecutor

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23
Q

The prosecutor

A

Has unlimited discretion on which, if any, criminal charges will be filed

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24
Q

Criminal case

A

The burden of proof is on prosecution to prove defendant (the accused) is guilty beyond a reasonable doubt.

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25
Q

During a criminal case, how many jurors have to agree?

A

12/12, unanimous

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26
Q

Civil Law

A

Regulates interactions between individuals, assesses fault or liability, the burden of proof is on the plaintiff (person bringing the lawsuit)

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27
Q

During a civil case, how many jurors have to agree?

A

51% sure, as few as 9/12 jurors can reach a verdict

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28
Q

Who is the plaintiff?

A

The person who is bringing the lawsuit

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29
Q

Who is the defendant?

A

The person who is being sued

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30
Q

What is ethics?

A

Something that can be legal, but not necessarily ethical

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31
Q

What are the rules of the Standard Corporate Ethics?

A

No conflicts of interest. No Nepotism. No kickbacks. Do not misuse confidential information.

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32
Q

What are the ethical tools?

A

Religion, Kantian ethics, and utilitarianism

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33
Q

What does Kantian ethics intel?

A

“What if everyone acted this way?”

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34
Q

What does Utiliarianism intel?

A

What does the greatest good for the greatest number of people?

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35
Q

Abandoned property

A

Property that the owner has intentionally thrown away, belongs to the finder

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36
Q

Lost property

A

Property that has accidentally been misplaced, involuntarily parted with, belongs to the finder against the whole world, except the true owner

37
Q

Misplaced property

A

Property that was intentionally placed and then forgotten, belongs to the finder of the property against the whole world except the true owner.

38
Q

Treasure

A

Items of antiquity, gold, silver, jewels. Belongs to the finder against the whole world except for the true owner

39
Q

Torts

A

French word for “wrong”, defendant has been harmed by plaintiff and seeks money damages in court

40
Q

What are the two types of damage claims?

A

Compensatory damages and Punitive damages

41
Q

Compensatory damages

A

Pain and suffering, medical bills, lost wages > past, present, and future

42
Q

Punitive damages

A

To punish the defendant, has 3 types of tort

43
Q

What are the 3 types of torts

A

Intentional, negligence, strict liability

44
Q

What are the intentional torts?

A

Assault, battery, false imprisonment, and defamation

45
Q

What is assault?

A

Fear of harmful contact

46
Q

What is battery?

A

Harmful or offensive contact

47
Q

What is false imprisonment?

A

The intentional confinement or restraint of another person’s activities without justification

48
Q

What is defamation?

A

A false statement made by one person to another and heard by a third party. Ex) Libel -> written word | Slander -> spoken word

49
Q

When is it not defamation?

A

When it’s an opinion

50
Q

What can you not do with defamation?

A

Defame the dead

51
Q

3 defenses to a claim of defamation

A

Truth, absolute privilege, qualified privilege

52
Q

What is an absolute defense?

A

Truth

53
Q

Absolute privilege

A

Statements made in court / legislature

54
Q

Qualified privilege

A

Statements made in the course of employment
Ex) employee evaluation

55
Q

Invasion of right to privacy

A

Violation of a persons right to live without undesired publicity

56
Q

What are some examples of invasion of privacy?

A

Intruding into private affairs, placing a person into a false light, appropriation of identity, public disclosure of private facts

57
Q

What is Intentional Infliction of Emotional Distress?

A

Acts that are so extreme they cannot be tolerated in a civilized society

58
Q

What is another name for the tort of Intentional Infliction of Emotional Distress?

A

Tort of Outrage

59
Q

What is fraud?

A

Lying to people, a false statement made by the defendant to the plaintiff, knowing it was false, and plaintiff reasonably believed

60
Q

2 types of property

A

Real and personal

61
Q

Real property

A

Land and everything permanently attached to it

62
Q

Personal property

A

Possessions such as jewelry, furniture, and boats

63
Q

What does trespass to land mean?

A

Interference without a landowners right to exclusive possession, no harm necessary

64
Q

What is conversion?

A

Stealing personal property

65
Q

What is negligence?

A

Accidental harm, failure to act like a reasonable prudent person would or doing something a reasonable prudent person wouldn’t do. Ex) speeding in a school zone (bad) Ex) putting up a wet floor sign (good)

66
Q

4 elements of negligence case that defendant must prove

A

a) defendant owed a duty of care
b) defendant breached duty of care
c) defendant’s act caused plaintiff harm
d) plaintiff is injured

67
Q

What are the 3 types of landowner visitors?

A

Trespassers, licensee, invitee

68
Q

Trespassers

A

No duty of care owed, there are 2 exceptions, no man traps, attractive nuisance doctrine

69
Q

Example of the Attractive Nuisance Doctrine

A

Putting up a fence around a pool so a child won’t drown

70
Q

Licensee

A

A person on property for their own purposes, but with the owner’s permission
Ex) sales person
(owe a duty of care to not willfully injure)

71
Q

Invitee

A

A person invited onto a property for a business purpose
Ex) painters, landscapers, etc
(maintain premises in a safe condition & warn of hidden dangers)

72
Q

What are the defenses to a negligence claim

A

a) assumption of risk
b) contributary negligence
c) comparative fault
d) modified comparative fault

73
Q

Assumption of risk

A

A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger
a) release / waiver

74
Q

Contributary Negligence

A

Defendant’s recovery is reduced by plaintiffs % of fault
Ex) $100,000 in damages
and 95% at fault
Defendant keeps %5,000

75
Q

Modified Comparative Fault

A

Defendant’s fault must be less than 50% to recover, if defendant’s 50% or more at fault, defendant recovers nothing.
Ex) assume defendant is injured costs $100,000 if defendant is 50% or more at fault, defendant gets nothing.
If defendant is 50% at fault, defendant gets nothing
If defendant is 49% at fault, defendant recovers $51,000
NEVER SAY YOU’RE SORRY

76
Q

Statute of Limitations

A

Time within which a lawsuit must be filed or it is barred forever

77
Q

Intentional torts cases must be filed before

A

One year

78
Q

Medical malpractice cases must be filed before

A

Two years

79
Q

Negligence cases must be filed before

A

Three years

80
Q

What are the 4 Special Negligence Doctrines

A

a) Good Samaritan Rule
b) Social Host Liability
c) Subsequent Remedial Measures
d) Respondent Superior

81
Q

What is the Good Samaritan Rule?

A

No duty to get involved
Only exceptions, if a family member is involved, or an employee, or is part of the accident

82
Q

What is the Social Host Liability rule?

A

Host is not liable so long as the person can legally possess alcohol

83
Q

What are the 2 types of people that cannot legally possess alcohol?

A

Minors and intoxicated people

84
Q

What does the Subsequent Remedial Measures mean?

A

Evidence of a safety repair after an accident cannot be used to prove negligence cases

85
Q

What does the Respondent Superior Doctrine mean?

A

The employer is responsible for the negligent acts of the employee

86
Q

What is the Frolic and Detour Rule?

A

An employer is not responsible for the acts of their employee, if the employee is doing it for the benefit of said employee

87
Q

What is the coming and going rule?

A

A rule that says an employer is not liable for the injuries caused to their employees while they’re on their way to or from work

88
Q

What is an independent contractor?

A

Not employees, employer is not liable for acts of independent contractors

89
Q

Unforeseen criminal acts of an Unknown 3rd party

A

General rule is that the landowner is not liable
Ex) You get mugged after walking out of a Pizza Hut

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