Law Exam 2- Fry Spring 2022

The six miranda warnings

1. Evidence must have been gathered 2. Evidence must be testimonial 3. Evidence must be obtained while suspect was in custody 4. Evidence must have been the product of interrogation 5. Interrogation must have been conducted by states-agents 6. Evidence must be offered by the state during a criminal prosecution

Authorization card

A card signed by an employee that gives a union permission to act on his or her behalf in negotiations with management

Tort

A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another

Actual malice

A condition that exists when a person makes a statement with either knowledge of its falsity or reckless disregard for the truth.

Assumption of risk

A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger.

Product misuse

A defense against product liability that may be raised when the plaintiff used a product in a manner not intended by the manufacturer

Union shop

A firm that requires all workers, once employed, to become union members within a specified period of time as a condition of their continued employment

Closed shop

A firm that requires union membership on the part of its workers as a condition of employment

Transferred intent

A legal principle under which a person who intends to harm one individual, but unintentionally harms a different individual, can be liable to the second victim for an intentional tort

Damages

A monetary award sought as a remedy for a breach of contract or a tortious act

Compensatory damages

A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party

Unreasonably dangerous product

A product that is defective to the point of threatening a consumer's health and safety

Puffery

A salesperson's exaggerated claims concerning the quality of goods offered for sale

puffery

A salesperson's exaggerated claims concerning the quality of goods offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties.

Right-to-work law

A state law providing that employees may not be required to join a union as a condition of retaining employment

Dram shop act

A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication

Good Samaritan statute

A state statute that provides that persons who rescue or provide emergency services to others in peril—unless they do so recklessly, thus causing further harm—cannot be sued for negligence

Contributory negligence

A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries

Comparative negligence

A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party) on the basis of each person's proportionate negligence

Market-share liability

A theory under which liability is shared among all firms that manufactured and distributed a particular product during a certain period of time

Secondary boycott

A union's refusal to work for, purchase from, or handle the products of a secondary employer, with whom the union has no dispute, for the purpose of forcing that employer to stop doing business with the primary employer, with whom the union has a labor dispute

Causation in fact

An act or omission without ("but for") which an event would not have occurred

causation in fact

An act or omission without which an event would not have occurred.

Lockout

An action in which an employer shuts down to prevent employees from working, typically because it cannot reach a collective bargaining agreement with the employees' union

Cease-and-desist-order

An administrative or judicial order prohibiting a person or business firm from conducting activities that an agency or court has deemed illegal

General damages

An amount awarded to compensate individuals for the nonmonetary aspects of the harm suffered, such as pain and suffering; not available to companies

Special damages

An amount awarded to compensate the plaintiff for quantifiable monetary losses, such as medical expenses, property damage, and lost wages and benefits

Disparagement of property

An economically injurious false statement made about another's product or property; a general term for torts that are more specifically referred to as slander of quality or slander of title

Qualified Privilege

An employer's statements in written evaluations of employees

Hot-cargo agreement

An illegal agreement in which employers voluntarily agree with unions not to handle, use, or deal in the non-union-produced goods of other employers

Superseding cause

An intervening force or event that breaks the connection between a wrongful act and an injury to another; in negligence law, a defense to liability.

Statute of repose

Basically, a statute of limitations that is not dependent on the happening of a cause of action

Actionable

Capable of serving as the basis of a lawsuit

Compensation

In a tort action, one person or group brings a lawsuit against another person or group to obtain compensation (monetary damages) or other relief for the harm suffered

Proximate cause

Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability

proximate cause

Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.

Strict liability

Liability regardless of fault

Crime

May be a positive or negative act that violates a penal law—an offense against a state or the federal government. A breach of duties one owes to the community as defined by the legislature. Distinguish from civil law.

Punitive damages

Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct, appropriate only when the defendant's conduct was particularly egregious (outrageous) or reprehensible (shameful)

Unintentional torts

Negligence results from the breach of a duty to act reasonably

Negligent Misrepresentation

fraud committed by someone who should have known better

Intentional torts

result from the intentional violation of person or property

Fruit of the Poisonous Tree

secondary evidence obtained from a search that violates the exclusionary rule

Felony

serious crimes generally meaning an offense for which one could be sentenced to more than one year in prison

slander per se

slander involving false statements about sexual behavior, crimes, contagious diseases, and professional abilities

Slander

spoken defamation

chain of custody

the documented and unbroken transfer of evidence

Wrongs

Tort law is designed to compensate those who have suffered a loss or injury due to another person's wrongful act

double jeopardy

Trial or punishment for the same crime by the same government; forbidden by the Constitution- 5th amendment.

Wrongs and Compensation

Two notions serve as the basis of all torts

insanity

a legal term describing one's inability to be responsible for one's action due to the condition of the mind

Actus reus

commission of a criminal act

Misdemeanor

crimes that may be punished by less than a year in jail. Many punished by fines and/or by forfeiture of goods. These may also be classified by degree of seriousness

Mens rea

criminal intent- state of mind

Criminal Negligence

degree of carelessness amounting to the culpable disregard of the rights and safety of others

Evidence

Standards for criminal trials are higher than for civil trials. Search and seizure rules must be followed or the exclusionary rule kicks in. Authorities obtain warrants based upon presentation of probable cause to the judge or magistrate.

absolute privilege

Statements made by attorneys and judges during a trial

Tolling

Temporary suspension of the running of a prescribed period

Privilege

The ability to act contrary to another person's right without that person's having legal redress for such acts

Duty of care

The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others.

Trespass to land

The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization.

Negligence

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances

Libel

Defamation in writing or in some other form (such as a digital recording) having the quality of permanence

Privity of contract

The relationship that exists between the promisor and the promisee of a contract

Reasonable person standard

The standard of behavior expected of a hypothetical "reasonable person"; the standard against which negligence is measured and that must be observed to avoid liability for negligence

reasonable person standard

The standard of behavior expected of a hypothetical "reasonable person." The standard against which negligence is measured and that must be observed to avoid liability for negligence.

Tortfeasor

one who commits a tort

Business invitees

Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes

business invites

Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes

Fraudulent Misrepresentation

Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.

Fraudulent misrepresentation

Any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment

Defamation

Any published or publicly spoken false statement that causes injury to another's good name, reputation, or character

Assault

Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat

self-defense

The legally recognized privilege to do what is reasonably necessary to protect oneself, one's property, or someone else against injury by another.

Collective bargaining

The process by which labor and management negotiate the terms and conditions of employment, including working hours and workplace conditions

I-9 verification

The process of verifying the employment eligibility and identity of a new immigrant worker

Slander of title

The publication of a statement that falsely denies or casts doubt on another's legal ownership of property, causing financial loss to that property's owner

Slander of quality

The publication of false information about another's product, alleging that it is not what its seller claims

Trespass to personal property

The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property

Battery

The unprivileged, intentional touching of another, physical injury does not need to occur

Conversion

The wrongful taking, using, or retaining possession of personal property that belongs to another

beyond a reasonable doubt

jury of 12 agrees