Legal Notes on Various Topics
Fifth amendment privilege against self incrimination
Applies to natural persons and corporations
Dram Shop
Bar or tavern
Intention to enter into a contract
Based on what a reasonable person believes
Standard of proof for a federal crime
Beyond a reasonable doubt
Search without probable cause and a warrant
Businesses can be searched without a warrant
Related civil case after a criminal case
Can be filed by the victim, but often not filed
Definition of a tort
Civil wrong for which the law provides a remedy
Defensive tort of negligence
Claiming 'I didn't mean to cause an accident'
Expressed contract
Contract that doesn't need to be in writing
Executed contract
Contract that has been fully performed
Bribery
Crime of giving money to influence someone
Actus Reus
Criminal intent necessary to commit a crime
Libel
Defamation of a person in a permanent medium
False imprisonment
Detaining someone without probable cause
Proximate cause
Determines negligence in causing an event
Common law doctrine of negligence
Duty not to injure or harm others
Bilateral contracts
Formed when both parties exchange promises
Trade secrets
Includes customer lists and compilations of data
Transferred intent
Injuring someone other than the intended target
Res Ipsa Loquitur
Injury implies negligence
Conversion or trespass of property
Liability for hiding or taking someone's property
Businesses engaged in abnormally dangerous activities
Liable for injuries even if not at fault
Certification mark
Mark that certifies the quality of a product
Intent to return embezzled funds
Not a defense to the crime of embezzlement
Characteristics of a valid contract
Not approved by appropriate court
Copyright law in the United States
Not created by process of registration
Leaning against neighbor's wall
Not liable in negligence without proximate cause
Trademark protection
Obtained for the name of a product
Slander
Oral defamation of a person
Offeror
Person making an offer to enter into a contract
Negligence case damages
Plaintiff recovers 90% of $100,000
Patented protection
Provided for a manufactured item for 20 years
Money laundering
Reporting illegal profits as legitimate income
Enforceable contract
Requires an agreement, consideration, capacity, and lawful objection
Embezzlement
Statutory crime
Copyright infringement
Using someone's work without permission