Exam 2

Assumption of risk

plaintiff entered into the situation knowing the risks Need to show: - plaintiff knew of the risk - plaintiff assumed the risk

Which of the following is not required as an element for proving a case of fraud?

plaintiff intentionally lied to the defendant

Defenses to Negligence

-Assumption of Risk - intervening cause - contributory negligence - comparative Negligence -comparative fault

Good Samaritan protection laws

protect Good Samaritans against negligence lawsuits

Assume a court cannot find a strong connection between the factual cause of the accident and the injury. In a case of negligence, which of the following would said to be missing?

proximate causation

Assume Nelly sues Jay and requests the court award him $50,000 for tortious damage to his reputation. In addition, Nelly wishes to be awarded $1,000,000 because Jay's conduct was extremely unwarranted. The $1,000,000 amount would be referred to as

punitive damages

Model Penal Code

purpose, knowledge, recklessness, negligence

Intervening Cause

something that breaks the chain of causation

Chad sues Jenny for patent infringement. Which of the following sources of law is least likely to apply to the lawsuit?

state law

A crime which has no mens rea element, but simply an actus reus element, is referred to as

strict liability

proximate cause

strong enough connection to justify holding the defendant responsible

The textbook lists all of the following as types of patent applications, except:

termination patent application

Contributory Negligence

Under common law any contributory negligence provided by the plaintiff would prevent recovery by plaintiff

Which of the following is not a question asked when trying to determine whether or not the tort of negligence has been committed?

Whether the plaintiff could foresee the consequences of a breach of care

Assume Nelson was recently arrested on suspicion of embezzlement. When arrested and taken into custody, the police questioned Nelson. Nelson told him where he was hiding the embezzled assets in his home. The police did not obtain a search warrant. Assume the police did not give Nelson his Miranda Rights warning either. Which of the following concepts would prevent the state from using evidence obtained from Nelson's home at trial?

exclusionary rule

Ashley gets a credit card offer in the mail. The credit card was actually for Hannah her roommate Ashley signs for Hannah's name with her information in order to use the credit card. What crime has Ashley committed?

forgery

A grant from the government that gives an inventor exclusive rights to an invention is the definition of?

patents

Requirements for Assault

1. The defendant by word or gesture intentionally puts the plaintiff in fear or imminent physical harm 2. A reasonable person in the same situation would be fearful of imminent physical harm 3. The defendant had no permission or privledge to act

Which of the following best describes the Exclusionary Rule?

A defense to prevent police from enticing people to commit crimes in order to later prosecute them for criminal acts

Duty of Care

A person who owes a duty of care towards those around them or who owns land around them.

Unintentional tort

A wrongful act that was not knowingly committed

To be guilty of a crime you need:

Actus Reus: a criminal or guilty act Mens Rea: A criminal or guilty mind -unless its strict liability

Which of the following best describes intentional infliction of emotional distress?

An intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another

The book defines the idea-expression dichotomy as

Applying when an idea is inseparable from its expression

Which of the following best describes a misdemeanor?

Punishable with a fine or up to one year in prison.

Which of the following is stated by the textbook as a purpose of tort law?

Compensate a victim of a wrongful act

Which of the following best describes Compensatory Damages?

Compensatory damages are intended to compensate or reimburse a plaintiff for actual losses

Which of the following statements regarding the differences between tort law and criminal law is true?

Criminal law cases require beyond a reasonable doubt as the evidentiary standard

Which of the following is not listed by the textbook as a requirement for proving a successful case of negligence?

Defendant acted intentionally causing plaintiff's injury

Negligence per se

Plaintiff must prove three things 1. plaintiff was owed a duty of care under a statute 2. the defendanct commited the conduct prohibited by the statute in question 3. Statute was designed to prevent this type of injury

Rodney writes a paper for his English 302 class at the last minute. He used a line from a famous Robert Frost poem in his paper. He inadvertently forgot to cite Robert Frost. According to the textbook, whether Rodney should be protected by the fair use doctrine depends upon all of the following, except

Similarity between the works

Which of the following would be considered wrongful interference with a business relationship?

Specifically targeting the customers of a competitor as they enter the store of the competitor

Patents

The legal right to exclude all others from making, using, selling, or importing the invention during the term of the patent.

Negligence (unintentional tort)

Tort of negligence occurs when the plaintiff is injured because of defendants breach of a duty of care

If larceny is punishable by the possibility of more than one year in prison, the textbook states that larceny would then be considered

a felony

Intentional tort

a wrongful act that was knowingly committed

Causation in fact

act or omission caused the damage (factual causation)

Sonya spits on Karly. As a result, Karly may be able to sue Sonya for:

battery

Dram Shop Acts

cannot serve those who are intoxicated or you may be liable for their damages

Strict Liability

courts may impose strict liability when defendants engage in severely dangerous activities - pitbull escapes from a secure cage after an earthquake

In cyberspace, trademarks are sometimes referred to as what?

cybermarks

Which of the following does not necessarily require an untrue statement for a plaintiff to recover under tort law?

defamation by implications

Duty of Professionals

duty of care for a professional focuses on the skill set of the reasonable professional in that field and not merely the reasonable person found in society.

Reasonable care

duty to act with reasonable care towards others based upon a reasonable person standard

A person is entrusted with another person's funds and then fraudulently appropriates those funds. What crime did the person commit?

embezzlement

Melody recently broke up with her ex-boyfriend Tom. Melody and Tom worked together at DATA Corp. Melody stayed late at work one night and broke into the desk of Tom's boss. She used the letterhead of Tom's boss to write a fake note firing Tom from his job. Later in the night she decided to go back to work and steal Tom's favorite clock from his desk. She smashed the clock on the parking lot. Using our textbook's definitions, what crimes might Melody have committed?

forgery

Res Ispa Loquitur "the thing speaks for itself"

helps plaintiff create a presumption of negligence on the part of the defendant who must then defend against such presumption

Assume Nelson works for Mandarin corporation and tells his sister Nancy to dump her stock because bad news is about to be released about the company. Nelson tells Nancy the information is secret information. Based upon these facts alone, Nelson may have committed

insider trading

According to the textbook, which of the following is not required as part of a tort case for assault?

intentional touching

According to the textbook definition, which of the following is raised when the defendant asserts that something beyond the defendant's control broke the chain of causation to cause the plaintiff's injury

intervening cause

The following was at issue in the in the Mazer case

lamp statuettes

Assume Jeremy is angry at his former employer. Jeremy was fired two weeks ago for joy riding on the floor waxing machine. Jeremy decides to break into the office building where he used to work. Jeremy attempts to burn the building to the ground. While inside the office building Jeremy steals a laptop computer which he intends to keep. Using our textbook's definitions, what crimes might Jeremy have committed?

larceny

According to the textbook, embezzlement requires all of the following elements except:

maliciousness

Product liability

manufacturers and distributors are held to strict liability for product defects

Comparative Negligence

many states now allow for comparative negligence

Comparative Fault

may apply to all torts (even intentional) in a given state and not just negligence

Thelma rushes her best friend Louis to the hospital after Louis suffered a heart attack. Thelma broke the speed limit on the way to the hospital. She arrived at the hospital with three cop cars chasing her. She was arrested. Based upon these facts alone, her best defense would be

necessity

Assume Sally leaves her car parked outside of a store she is visiting. The car is parked on an incline and Sally does not set the parking break. Sally's car rolls down the incline and smashes into another parked car while Sally is shopping. The owner of the damaged car would like to sue Sally. The owner should consider suing Sally for the tort of

negligence

How can a business legally use another's trademark?

obtain a license to use it

Tortfeasor

one who commits a tort

In regards to patent infringement, the textbook lists all of the following as defenses, except:

patent material was useful

Assume Jeremy is angry at his former employer. Jeremy was fired two weeks ago for joy riding on the floor waxing machine. Jeremy decides to break into the office building where he used to work. Jeremy attempts to burn the building to the ground. While inside the office building Jeremy steals the secret recipe the company uses to make its best selling hot sauce. Using our textbook's definitions, what crimes might Jeremy have committed?

theft of trade secrets

The way a certain chain of restaurants present their layout, menu, and decor is referred to as?

trade dress

Tomato Company wishes to sue Veggie Corp. Veggie Corp has been using Tomato's trademarked product name "Tomato Fresh" without Tomato Company's permission. Customers are confused as to whose product they are buying. Tomato Fresh is not a famous mark. Tomato's best theory of recovery would be based upon

trademark infringement

Barbara develops a new laser technology for performing orthopedic surgeries. In order for Barbara to receive patent protection, she must prove her technology is

useful

Jocelyn lets her dog out during the day. She doesn't tie him up. He wanders over to Sawyer's yard and digs up his plants. Sawyer warns Jocelyn that if she doesn't tie her dog up, there will be consequences. Jocelyn ignores Sawyer's warning, and doesn't tie up the dog. Can Sawyer file a lawsuit against Jocelyn for trespass?

yes because the dog which is under jocelyns control entered sawyers property and caused damages