Legal Notes on Various Topics

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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


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