Law Exam 2- Fry Spring 2022
The six miranda warnings
1. Evidence must have been gathered 2. Evidence must be testimonial 3. Evidence must be obtained while suspect was in custody 4. Evidence must have been the product of interrogation 5. Interrogation must have been conducted by states-agents 6. Evidence must be offered by the state during a criminal prosecution
Authorization card
A card signed by an employee that gives a union permission to act on his or her behalf in negotiations with management
Tort
A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another
Actual malice
A condition that exists when a person makes a statement with either knowledge of its falsity or reckless disregard for the truth.
Assumption of risk
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.
Product misuse
A defense against product liability that may be raised when the plaintiff used a product in a manner not intended by the manufacturer
Union shop
A firm that requires all workers, once employed, to become union members within a specified period of time as a condition of their continued employment
Closed shop
A firm that requires union membership on the part of its workers as a condition of employment
Transferred intent
A legal principle under which a person who intends to harm one individual, but unintentionally harms a different individual, can be liable to the second victim for an intentional tort
Damages
A monetary award sought as a remedy for a breach of contract or a tortious act
Compensatory damages
A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party
Unreasonably dangerous product
A product that is defective to the point of threatening a consumer's health and safety
Puffery
A salesperson's exaggerated claims concerning the quality of goods offered for sale
puffery
A salesperson's exaggerated claims concerning the quality of goods offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties.
Right-to-work law
A state law providing that employees may not be required to join a union as a condition of retaining employment
Dram shop act
A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication
Good Samaritan statute
A state statute that provides that persons who rescue or provide emergency services to others in peril—unless they do so recklessly, thus causing further harm—cannot be sued for negligence
Contributory negligence
A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries
Comparative negligence
A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party) on the basis of each person's proportionate negligence
Market-share liability
A theory under which liability is shared among all firms that manufactured and distributed a particular product during a certain period of time
Secondary boycott
A union's refusal to work for, purchase from, or handle the products of a secondary employer, with whom the union has no dispute, for the purpose of forcing that employer to stop doing business with the primary employer, with whom the union has a labor dispute
Causation in fact
An act or omission without ("but for") which an event would not have occurred
causation in fact
An act or omission without which an event would not have occurred.
Lockout
An action in which an employer shuts down to prevent employees from working, typically because it cannot reach a collective bargaining agreement with the employees' union
Cease-and-desist-order
An administrative or judicial order prohibiting a person or business firm from conducting activities that an agency or court has deemed illegal
General damages
An amount awarded to compensate individuals for the nonmonetary aspects of the harm suffered, such as pain and suffering; not available to companies
Special damages
An amount awarded to compensate the plaintiff for quantifiable monetary losses, such as medical expenses, property damage, and lost wages and benefits
Disparagement of property
An economically injurious false statement made about another's product or property; a general term for torts that are more specifically referred to as slander of quality or slander of title
Qualified Privilege
An employer's statements in written evaluations of employees
Hot-cargo agreement
An illegal agreement in which employers voluntarily agree with unions not to handle, use, or deal in the non-union-produced goods of other employers
Superseding cause
An intervening force or event that breaks the connection between a wrongful act and an injury to another; in negligence law, a defense to liability.
Statute of repose
Basically, a statute of limitations that is not dependent on the happening of a cause of action
Actionable
Capable of serving as the basis of a lawsuit
Compensation
In a tort action, one person or group brings a lawsuit against another person or group to obtain compensation (monetary damages) or other relief for the harm suffered
Proximate cause
Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability
proximate cause
Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.
Strict liability
Liability regardless of fault
Crime
May be a positive or negative act that violates a penal law—an offense against a state or the federal government. A breach of duties one owes to the community as defined by the legislature. Distinguish from civil law.
Punitive damages
Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct, appropriate only when the defendant's conduct was particularly egregious (outrageous) or reprehensible (shameful)
Unintentional torts
Negligence results from the breach of a duty to act reasonably
Negligent Misrepresentation
fraud committed by someone who should have known better
Intentional torts
result from the intentional violation of person or property
Fruit of the Poisonous Tree
secondary evidence obtained from a search that violates the exclusionary rule
Felony
serious crimes generally meaning an offense for which one could be sentenced to more than one year in prison
slander per se
slander involving false statements about sexual behavior, crimes, contagious diseases, and professional abilities
Slander
spoken defamation
chain of custody
the documented and unbroken transfer of evidence
Wrongs
Tort law is designed to compensate those who have suffered a loss or injury due to another person's wrongful act
double jeopardy
Trial or punishment for the same crime by the same government; forbidden by the Constitution- 5th amendment.
Wrongs and Compensation
Two notions serve as the basis of all torts
insanity
a legal term describing one's inability to be responsible for one's action due to the condition of the mind
Actus reus
commission of a criminal act
Misdemeanor
crimes that may be punished by less than a year in jail. Many punished by fines and/or by forfeiture of goods. These may also be classified by degree of seriousness
Mens rea
criminal intent- state of mind
Criminal Negligence
degree of carelessness amounting to the culpable disregard of the rights and safety of others
Evidence
Standards for criminal trials are higher than for civil trials. Search and seizure rules must be followed or the exclusionary rule kicks in. Authorities obtain warrants based upon presentation of probable cause to the judge or magistrate.
absolute privilege
Statements made by attorneys and judges during a trial
Tolling
Temporary suspension of the running of a prescribed period
Privilege
The ability to act contrary to another person's right without that person's having legal redress for such acts
Duty of care
The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others.
Trespass to land
The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization.
Negligence
The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
Libel
Defamation in writing or in some other form (such as a digital recording) having the quality of permanence
Privity of contract
The relationship that exists between the promisor and the promisee of a contract
Reasonable person standard
The standard of behavior expected of a hypothetical "reasonable person"; the standard against which negligence is measured and that must be observed to avoid liability for negligence
reasonable person standard
The standard of behavior expected of a hypothetical "reasonable person." The standard against which negligence is measured and that must be observed to avoid liability for negligence.
Tortfeasor
one who commits a tort
Business invitees
Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes
business invites
Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes
Fraudulent Misrepresentation
Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.
Fraudulent misrepresentation
Any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment
Defamation
Any published or publicly spoken false statement that causes injury to another's good name, reputation, or character
Assault
Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat
self-defense
The legally recognized privilege to do what is reasonably necessary to protect oneself, one's property, or someone else against injury by another.
Collective bargaining
The process by which labor and management negotiate the terms and conditions of employment, including working hours and workplace conditions
I-9 verification
The process of verifying the employment eligibility and identity of a new immigrant worker
Slander of title
The publication of a statement that falsely denies or casts doubt on another's legal ownership of property, causing financial loss to that property's owner
Slander of quality
The publication of false information about another's product, alleging that it is not what its seller claims
Trespass to personal property
The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property
Battery
The unprivileged, intentional touching of another, physical injury does not need to occur
Conversion
The wrongful taking, using, or retaining possession of personal property that belongs to another
beyond a reasonable doubt
jury of 12 agrees