Test 2 Flashcards
The taking of money or personal property by means of fear or force is
Robbery
A civil act that is intended to make another person fearful of an offensive touching such as physcial harm is
Assault
The elements of negligence
- Duty
- Breach of that duty
- Causation (actual and proximate cause)
- Damages
An absolute defense to defamation
The truth
The breaking and entering the dwelling of another at night with the intent to commit a felony therein
Burglary
When a person who is entrusted with another person’s property fraudulently appropriates it
Embezzlement
The standard used to deterninbe the guilt or innocence of a person criminally charged
beyond a reasonable doubt
the information of commercial value such as customer lists plans and research and development
Trade secrets
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
Trademark
definition of a crime
A wrong against society set forth in statue and punishable by fine and or imprisonment or even death
An instrument granting to ongoing inventors the exclusive rights to sell and use the invention for a limited amount of years
Patent
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?
Trademark infringement
What is they duty of care for negligence
To exercise a reasonable amount of care in their dealings with others
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
assumption of the risk
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
comparative negligence
A business or organization that offers useres access to the internet and related services
An ISP (Internet Service Provider)
Recite the facts and the rule of law from the majority opinion in Palsgraf V. Long Island Railroad
- 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
A civil wrong that is offensive touching such as physical touching
Battery
An intentional confinement or restraint of another without reasonable doubt
False imprisonment
The failure to exercise the requisite degree of skill as a professional
Malpractice
The key element for a civil, assault, battery, false imprisonment, trespass to land and conversion
intent
A top domain that represents commercial
.com
3 defenses to negligence claim.
- assumption of the risk
- comparative negligence
- intervening cause
A defense against product liability that may be raised when the Plaintiff used a product in a manner not intended by the manufacturer
Product misuse.
