Law Test 2 Review Flashcards
Jury Trial
Where the jury determines fact and the judge determines law
What are the 3 types of defects?
Manufacturing Defect
Design Defect
Warning Defect
Punitive Damages
Intended to stop the defendant from doing the same thing again
Misrepresentation
Occurs when fraud is committed against the user of the product
What 2 things does the trustee process entail?
Take out from defendants wages and salaries
Take out from defendants bank accounts
Commerce Clause
Designed to give Congress power over interstate commerce
Libel
Written
In order what are the 5 things that happen in a trial?
Opening Statement Witnesses Exhibits Demonstrations Closing Statements
Quality Control
Making sure the quality of all products is the same and up to standard
What are 2 examples of Strict Liability?
Airplanes
Storing Explosives
In a trial which side goes first?
Plaintiff first
Defendant second
Grand Jury is only used for what kind of cases?
Criminal cases
What are the 2 types of compensatory damages?
Special
General
Compensatory
Money awarded to plaintiff to compensate for damages
Comparative Negligence
Plaintiff and defendant both have negligence
What 2 things can happen when the defendant does not pay damages?
Writ of execution
Trustee Process
What are the 2 different appeals that can be filed during the Post Trial phase?
Judges ruling
Judges Verdict
How old does a president have to be?
35 years old or older
Direct Examination
When only one side can question a witness
What are 6 things a company can be liable for?
Design of Product Materials used Production process Assembly and testing Not enough warnings Final inspection and testing
False Imprisonment
Confinement or restraint on another without justification
How can the Dram Shop Acts be applied to a situation?
When a drunk driver gets into a car accident
What are the 7 types of Intentional Torts?
Assault Battery Infliction of Emotional Distress Defamation False Imprisonment Invasion of Privacy Fraud
What are the 2 tests for Design Defect?
Risk Utility Test
Consumer Expectation Test
What is the youngest age someone can be to be in the House of Representatives?
25 years old or older
Good Samaritan Acts
Performing aid
What 2 types of examinations are there when questioning a witness during a trial?
Direct Examination
Cross Examination
Public Policy for Product Liability
Consumers should be safe from the product and there should be warning for entire public
Bench Trials
Tried without a jury and judge determines fact and law
Voir Dire
Jury selection process where 6 jurors are selected
How old does a senator have to be?
30 years or older
Amendment 4
Search and seizure
What are the 2 parts of a Post Trial?
Motions
Appeals
Causation
Something that causes the plaintiffs injuries
What are the 2 different motions that can be filed during post trial?
New Trial
Mistrial
What is an example of a warning defect?
Someone eating tide pods
After the plaintiff and defendant give their sides of the case, what 3 things happens next?
Jury meets and discusses
Comes up with a verdict
Sometimes there is a post verdict
What are the 6 types of Defenses?
Product Misuse Comparative Negligence Commonly Known Dangers Knowledgeable User Statutes of Limitation Statutes of Repose
Battery
Completion of assault and physically hurting someone
Amendment 10
Powers not delegated to United States by the constitution, are reserved to the states
What is the term of a Senator?
6 years
What are the 4 damages available in Tort actions?
Compensatory
Special
General
Punitive
Dram Shop Acts
Serving intoxicated customers
Manufacturing Defect
A product is not made how it is suppose to be and this is why we have quality control
What are the 2 types of trials?
Bench Trial
Jury Trial
Warning Defect
Product is defective based on not good enough warnings
Post Verdict
Comes up with an opposing verdict after one has already been decided
Cross Examination
When both the plaintiff and defendants attorney can question the witness
Proximate Cause
Connection between the act and the injury is strong enough to impose liability
Amendment 14
Extends constitutional protections to the states and state governments
To Compensate
To make up for
Trial Jury is only used for what kind of cases?
Civil Cases
Amendment 5
Right to trial, no double jeopardy, no self incrimination and due process
What are the 2 types of jury?
Grand Jury
Trial Jury
Amendment 8
No cruel and unusual punishment
Exhibits
Objects and pictures
What are the 2 types of defamation?
Slander
Libel
What are the 4 Elements of Tort Law?
Duty
Breach
Injury
Damages
Contributory Negligence
Plaintiffs own actions caused the injuries
Design Defect
A product is made unreasonably dangerous
Assault
The threat to harm someone
What is an example of a design defect?
The car with the engine in the trunk
Amendment 6
Right to a speedy trial
Duty of care
Reasonable person standard which is how a person should act
Amendment 1
Freedom of speech, press, religion, assembly and petition
Certiorari
Need to have at least 4 justices that want to hear your case in order for it to be heard in the Supreme Court
What is an example of the Good Samaritan Act?
Car broken down on the side of the road and performing aid on it
Defamation
Talking poorly about someone to ruin their good reputation
How long is the term of someone in the House of Representatives?
2 year term
Strict Liability
Absolute legal responsibility for an injury that can happen without proof of negligence
Due Process
The right to fair treatment through the judicial system
Slander
Oral or spoken
