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Bus 12A > Test 2 > Flashcards

Test 2 Flashcards

1
Q

The taking of money or personal property by means of fear or force is

A

Robbery

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2
Q

A civil act that is intended to make another person fearful of an offensive touching such as physcial harm is

A

Assault

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3
Q

The elements of negligence

A
  • Duty
  • Breach of that duty
  • Causation (actual and proximate cause)
  • Damages
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4
Q

An absolute defense to defamation

A

The truth

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5
Q

The breaking and entering the dwelling of another at night with the intent to commit a felony therein

A

Burglary

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6
Q

When a person who is entrusted with another person’s property fraudulently appropriates it

A

Embezzlement

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7
Q

The standard used to deterninbe the guilt or innocence of a person criminally charged

A

beyond a reasonable doubt

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8
Q

the information of commercial value such as customer lists plans and research and development

A

Trade secrets

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9
Q

A distinctive mark, motto, device or implement that a manufacture stamps to the goods it produces so that they can be identified on the market and their origins made known

A

Trademark

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10
Q

definition of a crime

A

A wrong against society set forth in statue and punishable by fine and or imprisonment or even death

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11
Q

An instrument granting to ongoing inventors the exclusive rights to sell and use the invention for a limited amount of years

A

Patent

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12
Q

Jane decides to market her new cola called Koke. What type of action will Coca-Cola Inc. bring against her to stop her from selling this product?

A

Trademark infringement

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13
Q

What is they duty of care for negligence

A

To exercise a reasonable amount of care in their dealings with others

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14
Q

A defense against negligence that can be used when the plaintiff was aware of a danger, and voluntarily assumed the risk of injutry from that danger

A

assumption of the risk

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15
Q

A defense in negligence where the liablitlity for injuries resulting from negligent acts is shared by all parties who were negligent on the basis of each person’s proportionate negligence

A

comparative negligence

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16
Q

A business or organization that offers useres access to the internet and related services

A

An ISP (Internet Service Provider)

17
Q

Recite the facts and the rule of law from the majority opinion in Palsgraf V. Long Island Railroad

A
  • Train, fireworks, guy, sparks, boom, a platfrom with Ms. Palsgraf and scale, scale falls down, Ms. Palsgraf is severly injured on there head
  • Rule: the cause has to be foreseeable and the plaintiff must be in the zone of danger
18
Q

A civil wrong that is offensive touching such as physical touching

A

Battery

19
Q

An intentional confinement or restraint of another without reasonable doubt

A

False imprisonment

20
Q

The failure to exercise the requisite degree of skill as a professional

A

Malpractice

21
Q

The key element for a civil, assault, battery, false imprisonment, trespass to land and conversion

A

intent

22
Q

A top domain that represents commercial

A

.com

23
Q

3 defenses to negligence claim.

A
  1. assumption of the risk
  2. comparative negligence
  3. intervening cause
24
Q

A defense against product liability that may be raised when the Plaintiff used a product in a manner not intended by the manufacturer

A

Product misuse.

25
Q

Information of commercial value such as customer lists plans and research and development

A

Trade secrets

26
Q

A civil wrong not arising out of contract

A

A tort

27
Q

Actus reus and mens rea

A

The prohibited act and the wrongful mental state

28
Q

A legal theory that is imposed on defendants in cases involving abnormally dangerous activities, animals, products

A

Strict liability

29
Q

Name the Miranda rights and what are the two amendments that this incorporate

A

“You have the right to remain silent, anything you say, can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you.” The 5th amendment and 6th amendment.”

30
Q

Gino has 1,000 photos on his facebook page. He selected for his facebook page to be private. He is in a lawsuit against State Farm. Gino claims he can’t walk. Gino will not give the photos in a discovery request. Can State Farm get an order to compel from a court for Gino to give access?

A

Yes, he can. Ex: Nucci v. target corp

31
Q

In the early 1920s, justice Cardozo wrote the majority opinion to this case that held that a consumer can sue the manufacturer of a product even though they did not have a direct contract with them (called privity of contract.)

A

Mcpherson vs. Buick

Bus 12A (3 decks)

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