LAW 303 Quiz 4

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated. Declared that separate but equal is unconstitutional

Joint Tenancy

A form of concurrent ownership, which occurs when two or more persons own a single estate in land, with right of survivorship. Must have equal shares, right to partition. If one owner dies their half all goes to the owner and not into probate

Statute of Frauds

A state statute under which certain types of contracts must be in writing to be enforceable.

Judicial Review

Allows the court to determine the constitutionality of laws

The Covenant of Good Faith and Fair Dealing

An implied covenant under which the parties to a contract not only are held to the express terms of the contract but are also required to act in "good faith" and deal fairly in all respects in obtaining the objective of the contract.

Habeas Corpus

An order to produce an arrested person before a judge. A person will petition this if they believe they are detained unlawfully

Tenancy in Common

Co-ownership of property in which each party owns an undivided interest that passes to his or her heirs at death. Other half does not go to the other owner

Tort Law

Law that deals with harm to a person or a person's property. Are actions, either intentional or accidental, that cause harm and creates specific legal claims-- civil, not criminal claims

Types of Property

Personal property: funds in the bank, items in your home, cars, mobile homes, livestock, and pets real property: land and the things permanently attached to it intellectual property: patents, copyrights, and trademarks

Eminent Domain

Power of a government to take private property for public use. Supported by constitution: as long as land is needed for a legitimate public purpose, the government can take it- but it may pay you the fair market value of the land. public use includes roadways and interstates

Strict Liability

The legal responsibility for damage or injury even if you are not negligent. Intent does not matter. No carelessness or any type of moral failing is required to establish legal responsibility ex. manufacturers of defective products that cause harm-- defective in design, defective in manufacture, defective in marketing

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

The tort of Battery

Unlawful, unprivileged touching of another person. an intentional tort that involves actual contact with another person

The elements of a Contract

all contracts require 1. an offer to tender a good or service 2. acceptance of that offer by someone who wants the good or service 3. consideration, which is loosely, something of value

Emotional Distress Damages

damages awarded for mental anguish when a tort occurs

Dying Intestate

dying without a will, property will be distributed under the law of the state

Product Liability

involves holding a firm and its officers responsible when a product causes injury, death, or damage. A product that causes harm when used as anticipated can be deemed defective, and the manufacturer is strictly liable for the damages it causes-- defective in design, defective in manufacture, defective in marketing

Discretion of Chancery Judges

judges power to make a decision based on their individualized evaluation. Ensure that equitable relief such as specific performance or injunctions occur

Types of Intellectual Property

patent, trademark, copyright

Negligence in Tort Law

the failure to observe the appropriate duty of care. Most common and most variable tort reasonable care includes: a. probability of harm b. gravity of resulting harm c. burden of adequate precautions

Contracts and Minors

the law shields minors when they make contracts to protect them from unscrupulous adults. minors may be vulnerable because of a: immaturity b: inexperience c: lack of education d: naïve - Generally, you cannot be bound to a contract you have made if you are a minor or if you are operating under a mental disability

Legal Trusts: Creation and Operation

trusts are useful legal devices that establish a formal relationship between two people Trustee: legal owner of the property, but they must manage it according to the terms of the trust document for the beneficiary Trustor- makes the trust Trustee- manages the trust Beneficiary- gets the benefit of the trust A will can create a trust, and describe who is to manage it for the benefit of the children. The trust can also wind up when the children become old enough to be responsible for it

Crimes and Torts

wrongful acts committed against another person or his/her property. Crimes are not torts but som torts can be crimes. Intentional torts often share elements with crimes