la245 quiz 1

assault

An act that makes a person reasonably fear an imminent battery ◦ throwing a toaster at someone even if it misses. if it does hit, then its assault and battery

Battery

An intentional touching of another person in a way that is harmful or offensive

State Farm v. Campbell

Campbell drove into oncoming traffic. An innocent driver swerved to avoid Campbell and died in a collision with a third driver. The family of the deceased driver and the surviving third driver both sued Campbell. state farm didnt settle at 50k and was charged 185k by jury. Campbell sued state farm for raud and intentional infliction of emotional distress. His lawyers presented evidence that State Farm had deliberately acted in its own best interests rather than his. Campbell won an award of $1 million in compensatory damages and $145 million in punitive damages. State Farm appealed Issue: What is the limit on punitive damages? decision: This was complete compensation. The harm arose from a transaction in the economic realm, not from some physical assault or trauma; there were no physical injuries; and State Farm paid the excess verdict before the complaint was filed, so the Campbells suffered only minor economic injuries. judgement got reversed

Which of the following is a type of law that is judge-made and the sum total of all the cases decided by the appellate courts?

Common law.

Administrative agencies are divided into two classifications: Executive or Independent. Which statement is true regarding the key difference between the two?

Congress has much greater control over Independent agencies because it appoints the head of Independent agencies.

Mack sues Jasmine, claiming that she caused an automobile accident. At trial, Jasmine's lawyer is asking Jasmine questions about the accident. This is:

Direct examination.

What was the issue in the case of International Shoe v. State of Washington?

Does the State of Washington have personal jurisdiction over International Shoe? Washington has personal jurisdiction over International Shoe because of sufficient minimum contacts

Ashcroft v. Iqbal

FBI questioned over 1000 people and detained people of high interest, most who were Arab muslim men. Iqbal was arrested and charged with fraud in the use of identification documents where he was confined to his cell 23 hours a day. subject to intense harsh treatments by guards. filed discrimination lawsuit against John Ashcroft, former attorney general in charge of anti-terrorism investigation. issue: did Iqbals pleading contain enough information to survive motion to dismiss? Decision: complaint doesnt show that Ashcroft purposefully housed detainees due to their race, religion, or national origin. All it plausibly suggests is that the Nation's top law enforcement officers, in the aftermath of a devastating terrorist attack, sought to keep suspected terrorists in the most secure conditions available until the suspects could be cleared of terrorist activity. [Iqbal] would need to allege more by way of factual content to nudge his claim of purposeful discrimination across the line from conceivable to plausible

Luann was walking down the street when she heard shouting from below the ground. As she got closer to the sound, she noticed that a young man had fallen into an open sewer drain and needed a hand to get out. Scared and not sure of how she could help, she ran away and told no one. Luann has violated the bystander rule as set out in Tarasoff v. Regents of the University of California.

False

What is the correct order in which a jury trial is conducted?

Jury selection--opening statements--plaintiff's case--defendant's case--closing arguments and instructions--verdict.

Congress does its work through numerous committees. What is the name of the committee that reviews nominees to the federal courts?

The Judiciary Committee.

The party filing an appeal is called:

The appellant.

indictment

The government's formal charge that the defendant has committed a crime and must stand trial

negligence per say :

When a legislature sets a minimum standard of care for a particular activity, in order to protect a certain group of people, and a violation of the statute injures a member of that group, the defendant has committed negligence per se. ◦ if selling glue to children under 14 was illegal and a store clerk sold it without knowing, its negligence per se regardless if they knew about it or not.

Glen lives in Illinois and is 52 years old. He applies for a tech job with a Missouri company doing business in Illinois. Glen is told that the job is only relevant for someone younger than 30. He wants to sue the company under the Age Discrimination in Employment Act, a federal statute making it unlawful to discrimination against anyone 40 years of age and older. Can Glen sue in federal court in Illinois?

Yes, Illinois has both subject matter and personal jurisdiction over this dispute.

restitution :

a court order that a guilty defendant reimburse the victim for the harm suffered

Hernandez v arizona board of regents

arizona frat had a party and John Rayner drove home intoxicated and hit Hernandez and was left blind and paralyzed. hernandez sued fraternity and arizona. The trial court granted summary judgment for all defendants, and the court of appeals affirmed. Hernandez appealed to the Arizona Supreme Court. Issue: Did the fraternity and the other defendants have a duty of due care to Hernandez? decision: Arizona courts, therefore, will entertain an action for damages against [one] who negligently furnishes alcohol to those under the legal drinking age when that act is a cause of injury to a third person. [Reversed and remanded.] • duty of care : people who offered alcohol do not have duty of care but bc they were giving alc to minors, they should be held liable

civil case

involves the rights and liabilities that exist between private parties - burden of proof: plaintiff must prove her case only by a preponderance of evidence

common law

judge made law

high level liability

licensee (anyone on the land for her own purposes but with the owners permission (a guest falls off the balcony because the railing is rotten)

If a plaintiff sues and prevails on the tort of assault and battery, what can she recover as part of her compensatory damages?

lost wages, medical expenses and loss of society

digital cameras

no warrant needed before looking at pictures

The Lanham Act :

protects businesses from the unfair competition of false or misleading advertisements intended to hurt another business. • in order to win a case: ◦ The defendants made false or misleading fact statements about its products or those of a competitor. ◦ The statements were material and likely to influence purchasing decisions. ◦ The defendants used the statements in commercial advertising or promotion. ◦ The statements created the likelihood of harm

New York Times v Sullivan

public official or public figure can win a defamation case only by proving actual malice by the defendant. nyt claimed police (Birmingham) were using violent measures against peaceful protestors and although they didn't mention sullivan, everyone thought it was him as chief. Chief lost because he could not prove that the Times had acted with actual malice. If he had shown that the Times knew the accusation was false, he would have won.

subpoena duces tecum

requires the person to produce certain documents or things. ◦ limits: relevant to lawful agency investigation ◦ must not be unreasonably burdensome ◦ must not be privileged

dna test

states collect dan after an arrest for serious offenses

negligence

to win a negligence case, plaintiff must prove ALL 5 elements: 1. duty of due care : The defendant had a legal responsibility to the plaintiff. 2. Breach : The defendant breached her duty of care or failed to meet her legal obligations. 3. Factual cause : The defendant's conduct actually caused the injury. 4. Proximate cause : It was foreseeable that conduct like the defendant's might cause this type of harm. 5. Damages : The plaintiff has actually been hurt or has actually suffered a measurable loss. ( only one chance to ask for all money)

lowest liability

trespassing adults

interrogatories:

written questions that the opposing party must answer in writing under oath

4 elements to prove defamation (all must be proven)

1. defamatory statement (factual statement that will do harm to another persons reputation. opinions aren't factual and dont count) 2. falsity (Statement must be false. a true statement is not defamation) 3. communicated (must be communicated to at least one person other than the plaintiff) 4. plaintiff must show some jury unless case involves false statements about sexual behavior, crimes and contagious diseases

exceptions to defamation

1. opinions and extreme exaggerations are not taken as statements of fact 2. public personalities : can win defamation case only by proving actual malice (Knowledge that the information is false or that it was published with reckless disregard to the truth)

strict liability

1. • ultrahazardous activities include using harmful chemicals, operating explosives, keeping wild animals. bringing dangerous substances onto property, oil and gas extraction and construction 2. defective products, the plaintiff must prove that a product has a defective condition unreasonably dangerous to the user/customer; that the seller of the product is engaged in the business of selling such product and that it is expected and does reach the user without substantial change in the condition it was sold

plea bargaining

A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.

Prior to trial, the parties for both sides go through void dire, the process to select a jury. What is it called to excuse a juror because they have shown bias?

A challenge for cause.

What does the reasonable person standard impose on a person in a negligence lawsuit?

A duty to act as a reasonable person would in the same circumstances.

lice is suing Betty for negligence involving a car accident. Betty disputes that she was negligent and claims that Alice was driving under the influence. During the discovery process, it becomes clear that Alice had several drinks at her friend's party prior to driving home and that several witnesses observed Alice swerving on the road. Betty believes that no relevant facts are in dispute and there is no need for a trial. Betty should file which of the following motions?

A motion for summary judgment.

discovery

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.

After the second Boeing 737 Max crash, the Federal Aviation Association (FAA), an administrative agency, wanted to conduct an investigation into the tragedy. The FAA wanted Boeing to give it the black box from the plane, which contains the cockpit voice recorder. What tool could the FAA use to require Boeing to produce the black box?

A subpoena duces tecum.

american civil liberties union v US department of justice

ACLU (american civil liberties union) were alarmed at the reported use of drones to kill human targets and requested info under FOI to the CIA on info on drone strikes, selection of targets, number of strikes and number and identity of civilians killed. CIA denied FOIA request and after years of litigation, released one heavily edited document. district court granted summary judgement in favor of CIA. ACLU appealed issue : does FOIA require disclosure of CIA records on drone strikes argument for the ACLU : CIA is improperly withholding information to which the american public is entitled. CIA's principal mission is foreign intelligence and a targeted-killing porgram is not an intelligence program. CIA could refuse to provide info about anything it does because everything related to national security argument for the CIA : FOIA request would reveal sensitive information about CIA's capabilities, limitations, priorities and resources. Law protects information from disclosure and revelation would compromise agencies efforts and endanger americans

The burden of proof in a civil case is:

By a preponderance of the evidence.

Which of the following statements is correct regarding the differences between contract, tort, and criminal law?

Criminal law is prosecuted by the government.

Punitive damages :

Damages that are intended to punish the defendant for conduct that is extreme and outrageous. intended to make an example out of the defendant. considerations - reprehensibility of defendants conduct - ratio between harm suffered and award - difference between punitive award and any civil penalties punitive damages should not be more than 9 times compensatory damages

Which of the following cases deals with social host liability?

Hernandez v. Arizona Board of Regents.

Suppose that you make a Freedom of Information Act (FOIA) request on the Centers for Disease Control (CDC). Which of the following is exempt from disclosure?

Information about how much money CDC Director Rochelle Walensky makes and whether she has kids.

Which of the following Discovery tools in litigation allows one party's lawyer to serve written questions to the opposing party that must be answered under oath?

Interrogatories.

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

Tortious interference with a prospective advantage :

Malicious interference with a developing economic relationship

Tarasoff v Regents of UC

Poddar killed Tarasoff. Tarasoffs parents claimed that poddar confided his intention to kill her, a psychologist employed by the Berkeley. they sued the university claiming dr. moore should have warned tarasoff or should have arranged for his confinement. issue: did dr. moore have a duty to tarasoff and did he breach it? decision: defendant therapist did predict that poddar would kill but were negligent in failing to warn. established a legal duty for mental health professionals to warn potential victims of their patients tarasoff exception applies when there is a special relationship such as a patient and therapist

Rodriguez v U.S

Rodriguez swerved SUV onto highways edge and got pulled over by officer struble for erratic driving and gave him a warning ticket. officer asked permission to walk his dog around vehicle and rodriguez said no. officer led dog around SUV and found meth. • rodriguez argued that officer didn't have a clear specific reason to suspect criminal activity and officer made an illegal stop and frisk. appelate court disagreed with rodriguez but supreme court granted certiorari. Issues: Was the dog sniff legal? decision : officer was justified in asking him to step out the car but the dog sniffing was not

What did Duke Power require of all applicants for higher paying jobs according to the facts of the case of Griggs v. Duke Power Co.?

To pass a written test.

federal communications commission v Fox television stations

US law says obscene language between 6am-10pm through radio will be fined. fox had guests who cursed and were retroactively fined. Fox challenged that it did not have fair notice that it was forbidden issue : did the commission give broadcasters fair notice of its policies decision : laws that regulate people or entities must give fair notice of conduct that is forbidden or required. the standards were vague at the time and the commisions order must be set aside

bystander rule:

a bystander has no duty to assist someone in peril unless they created the danger

Arraignment

a hearing in which a suspect is charged and pleads guilty or not guilty

misdemeanor :

a less serious crime, often punishable by a year or less in county jail

assumption of risk:

a person who voluntarily enters a situation that has an obvious danger cannot complain if they are injured. if there is a finding of assumption of risk, the plaintiff usually recovers nothing.

comparative negligence:

a plaintiff may generally recover even if he/she is partially responsible for the accident. recovery for the plaintiff is reduced by the level of negligence attributable to her

felony :

a serious crime for which a defendant can be sentenced to one of more years in prison

The idea behind punitive damages is that:

certain behavior is so unacceptable that society must make an example of it.

Tort

civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. ◦ assault, battery, damage to personal property, conversion of personal property, and intentional infliction of emotional distress.

John Doe #1, et al . v. the college board

college board found hundreds of test sheets with the same pattern of right and wrong answers. CB cancelled the scores without chance to appeal. Students had to sign arbitration clause. students sued to invalidate arbitration clause because unfair and extreme pressure and duress. issue: was the arbitration clause valid and enforceable? decision: The terms of the Arbitration Provision are not "grossly unreasonable" or "outrageous," as they bind both parties equally to arbitration. Accordingly, the Arbitration Provision is valid.

what is the difference between law and statute

common law starts off at courts. statutory law begins in congress.

double jeopardy

defendant may be prosecuted only ounce for a particular criminal offense. double jeopardy is Being tried twice for the same crime

Jones v Clinton

defendant won summary judgement, meaning case never went to trial which was good news for defendant (president of the US) facts: when clinton became president Jones sued him, claiming that he had sexually harrased her in May 1991 where Clinton arranged for her to meet him in a hotel room in Little Rock, Arkansas. Issue: Was Clinton entitled to summary judgment, or was Jones entitled to a trial? Decision: plaintiff has not demonstrated any tangible job detriment or adverse employment action for her refusal to submit to the Governor's alleged advances. The President is therefore entitled to summary judgment Jones appealed the case. Later the same year, as the appeal was pending and the House of Representatives was considering whether to impeach President Clinton, the parties settled the dispute. Clinton, without acknowledging any of the allegations, agreed to pay Jones $850,000 to drop the suit.

freedom of information act (FOIA) :

designed to give all of us access to the information that federal agencies are using to avoid government by secrecy. anyone is entitled to information on how the agency operates and how it spends its money and other information on given subject ◦ FOIA does not apply to congress and since it applies to federal government agencies, you cannot use it to obtain info from state, local government, or private business

Griggs v Duke Power co

duke power co required for applicants to have a high school diploma and pass a standarized written test which fewer black applicants passed issue: did title 7 of the 1964 civil rights act require than employment tests be job related decision: if employment practices which operate to exclude negroes cannot be related to job performance, the practice is prohibited. neither the highschool completion requirement nor the general intelligence test is shown to bear a relationship to successful performance of the jobs for which is was used.

defamation

false statements that harm someones reputation - libel: written defamation - slander: oral defamation

diversity jurisdiction

federal courts have diversity jurisdiction when 1. the plaintiff and defendant are citizens of different states AND 2. amount in dispute exceeds $75,000

Tortious Interference with a Contract

following 4 elements must be established 1. There was a contract between the plaintiff and a third party; 2. The defendant knew of the contract; 3. The defendant improperly induced the third party to breach the contract or made performance of the contract impossible; and 4. There was injury to the plaintiff.

Eight Amendment

forbids excessive bail and cruel or unusual punishment

Sixth Amendment

guarantees right to a lawyer

Appellate courts:

higher courts that review the trial record to see if court made errors of law ◦ accept factual findings unless no evidence at all • US court of appeals: 11 geographic circuits. within one circuit there are many judges up to 50 • US supreme court: highest court in the country. 9 justices. one chief justice, eight associate justices. ◦ to be reviewed by the US supreme court, a writ of certiorari (petition asking SC to hear a case) must be filed

duty of due care :

if the defendant could have foreseen injury to a particular person, he has a duty to him. ◦ special relationships require special duties to others: when a dependent party relies on another for protection. (ex: inkeepers must keep their guests safe, doctors, uber drivers)

contributory negligence:

if the plaintiff is even slightly negligent, he/she recovers nothing

criminal law

illegal actions because society outlaws it. - prohibits and punishes conduct that threatens public safety and welfare - title of criminal case is usually the government vs someone : "the united states v..." - burden if proof: government most prove its case beyond a reasonable double - very high burden of proof, more than in civil trial - if jury has any significant doubt, they must acquit accused - criminal defendant has a right to a trial by jury for any charge that could result in a sentence of six months or longer. if defendent chooses not to have jury trial, the judge decides the verdict. this is called bench trial (no jury, just judge reaches verdict)

highest liability :

invitee (someone who has a right to enter another's property because it is a public place or a business open to the public)

Molson Coors beverage company llc v anheuser- busch companies

mc and ab regularly attack each other in ads. Ab ran commercials and bilboards mocking MC for using corn syrup. Mc objected to ad as misleading and illegal bc ads wrongly implied that MC beer contained corn syrup instead of just being used in the process. MC sued AB, claiming its ad campaign violated the Lanham Act. The district court issued an injunction prohibiting AB from using language such as "no corn syrup" in ads and on packaging. AB appealed. Issue: Did AB's "no corn syrup" ad campaign violate the Lanham Act? decision: If Molson Coors does not like the sneering tone of Anheuser-Busch's ads, it can mock Bud Light in return. Litigation should not be a substitute for competition in the market. The judgment is reversed to the extent that the Bud Light advertising or packaging has been enjoined.

miranda v arizona

miranda was mentally ill and penniless immigrant being accused of rape. police interrogated him without telling him about his rights. miranda signed confession and was convicted Issues: Was Miranda's confession admissible at trial? Should his conviction be upheld? decision: miranda wasnt aware of his right and didnt have a lawyer present so the statements were inadmissable. regardless of his typed confession, it does not approach the knowing and intelligent waiver required to relinquish constitutional rights

compensatory damages

money intended to restore a plaintiff to the position he was in before the injury. calculated through: - money for medical expense - liable for lost wages - pain and suffering - future harm all one lump sum

Alternative dispute resolution (ADR)

negotiation, mediation (offers strongest win-win potential. can reach amicable decision within a month or two), arbitration

arbitration

parties agree to bring in a neutral third party but the arbitrator has power to impose an award. unlike mediation, arbitration ensures that there will be a final result, although the parties lose control of the outcome.

what 3 steps does a court use to interpret a statute

plain meaning rule legislative history and intent public policy

Searches without a warrant

plain view, stop and frisk, emergencies (evidence is about to be destroyed), automobiles (police lawfully stop a car and see evidence), lawful arrest, consent, no expectation of privacy (right to search any area where there is no reasonable expectation of privacy)

cell phones

police need warrant except to obtain numbers called

voir dire

process of selecting a jury that will be impartial challenges for cause: claiming that a juror has demonstrated probable bias premptory challenges: right to excuse a juror for virtually any reason but not discriminatory reason

fourth amendment of constitution

prohibits the government from making illegal searches and seizures

fifth amendment :

protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Summary judgement

ruling by the court that no trial is necessary because there are no essential facts in dispute. no relevant facts, no need for trial

International shoe co v. state of washington 326 US 310, 1945

shoes manufactured in st Louis but sold nationwide. salespeople displayed samples and took orders in washington. didnt collect payments from customers. Washington state sought contributions to the state's unemployment fund and internation shoe refused to pay. washington sued. issue: did international shoe have sufficient minimum contacts in washington state to permit jurisdiction there? decision: Supreme Court of Washington ruled that International Shoe did have sufficient contacts with the state to justify a lawsuit. International shoe appealed to the U.S Supreme court. ◦ evident operations establish sufficient contacts with the state to permit the state to enforce the obligations which International shoes has incurred in Washington State. WASHINGTON CAN COLLECT THE TAX. established minimum contacts rule

crime

society considers behavior so threatening, they will prosecute regardless of whether affected want to move forward

In awarding punitive damages, a court considers all of the following EXCEPT:

the financial condition of the plaintiff

mid level liability

trespassing children (tree house and child falls)

tort

violation of duty imposed by the civil law. injury can be to a person or property ex: libel, negligence, fraud. injured party must seek compensation

computers

warrant needed

heat seeking devices

warrant needed

blood v breathe test

warrant needed for blood not breath

entrapment

when government induces the defendant to break the law, the prosecution must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime

Miles purchased a lawnmower with an attached warning that said, "The manufacturer is not responsible in the case of an injury caused by the lawnmower." If Miles is injured because of a defect in the mower and sues the lawnmower manufacturer, he will most likely:

win, as this warning would be unenforceable.

skilling v united states

• skilling was president and COO of company and filed for bankruptcy protection. government found that company executives had proped up stock prices by overstating the company finances • prosecutors claimed skilling violated the honest services statute and was sentenced to more than 24 years in prison and 45 million in restitution. The Supreme Court granted certiorari (to be more fully informed) Issue: Was the honest services statute unconstitutionally vague? decision: The Government did not, at any time, allege that Skilling solicited or accepted side payments from a third party in exchange for making these misrepresentations. It is, therefore, clear that Skilling did not commit honest- services fraud.

Trial courts:

• united states district court: primary trial court in the federal system. nation is divided into 94 districts and each has a district court (number of courts based on state size) • other trial courts: bankruptcy court, tax court and court of international trade • judges: president of US nominates all federal court judges from district court to supreme court (serve for life)