LAW 6-10

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

What does mens rea require?

A particular state of mind

Why is a defendant relieved of liability by a superseding cause?

Because the second event breaks the causal connection between the defendant's act and the plaintiff's injuries

company that has its property taken without permission and then sold or transferred to a third party may sue for what tort?

Conversion

Which of the elements required to prove negligence involve the reasonable person standard?

Duty of Care Breach of Duty of Care

The ECPA is the:

Electronic Communications Privacy Act

Through which proceeding do prosecutors obtain an indictment?

Grand Jury

How could liability be determined with superseding causes?

If the third party's actions or the second event are unforeseeable, the defendant who causes the first act could be relieved of liability.

What must a prosecutor prove when the law requires mens rea?

Intent

How does larceny differ from embezzlement?

It requires that the property is entrusted to the perpetrator. The intent could include taking the property temporarily.

An employee who violates a company's social media policy by public posting negative comments about the company:

May be fired

Which of the following provides notification to a criminal defendant in custody of the right to an attorney?

Miranda warning

Jan was charged with speeding which carries a maximum penalty of a $250 fine. Jan is adamant that she did not speed. Is she entitled to a jury trial to prove her innocence?

NO because there is no threat of jail time

The reasonable person standard can vary based on what factors?

Occupation of the defendant Facts and circumstances of the situation

When a party wishes to excuse a potential juror without giving a reason, the party may exercise a:

Peremptory challenge

What is a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court?

Pleading

What is the tort in which one business seeks to interfere with the profits or market edge its competitor hopes to gain by entering into a contractual relationship?

Wrongful interference with a prospective business advantage

If a user of a social media app, publicly posts content incriminating themselves, may police use that as evidence against the individual?

Yes because there is no expectation of privacy

If an anonymous online user commits defamation against an individual or business, may that individual or business compel the Internet Service Provider to reveal the identity of the user?

Yes, if they are named in the suit as a defendant.

Do you think the police can keep you in jail when they didn't read you your Miranda rights?

Yes, they can, as long as the police don't ask you any questions.

To meet the element of intent, a plaintiff must prove that the defendant:

knowingly committed the act or knew with substantial certainty that his or her actions would result in the consequences.

Who has the right to disclose an electronic communication under the SCA?

Any intended recipient of the communication

When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called:

Arbitration

What is the prosecutor's burden of proof in a criminal case?

Beyond a reasonable doubt

The reasonable person standard applies to which of the required elements to be proved in a negligence case

Breach of Duty Duty of Care

In contrast to federal courts, state courts have what kind of jurisdiction?

Broad

Tort law benefits the capital market by protecting which of the following business interests? Choose 3 answers.

Business reputation, investment in employees, and property intrests

What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury?

Vior Dire

The federal and most state judicial branches have at least these three levels in the court system:

trial court, intermediate appellate court, and highest appellate court.

A product liability lawsuit can be filed under which legal theory?

Strict liability, Intentional Tort, and Negligence

After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion asks the court for a:

Summary judgement?

A reasonable expectation of privacy requires:

An individual's actual, subjective expectation of privacy Societal acceptance of the expectation of privacy as reasonable.

A person may be subject to which of the following penalties for crimes committed under the Racketeer Influenced and Corrupt Organizations Act (RICO Act)?

Fines and imprisonment and forfieture of property

what can a defendant present to win a strict liability case?

The consumer altered the product since purchasing it and that caused the harm

Under the SCA, when may an employer monitor electronic communications of employees?

The employee consents When the monitoring occurs as part of the ordinary course of business. If the employer supplied the computer on which the monitoring is taking place.

How might a plaintiff's case be impacted if she can show that a defendant committed a tort in which the defendant exhibited bad faith?

The plaintiff may be entitled to punitive damages or additional damages

The role of a mediator is to:

assist parties in a dispute in resolving their differences out of court.

What is the type of business tort that occurs when one business steals a competitor's employee?

wrongful or tortious interference with contract