What guidelines must federal crimes follow?
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Federal crimes must follow the U.S. Sentencing Commission guidelines, which include mandatory minimum sentences for certain offenses.
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What guidelines must federal crimes follow?
Federal crimes must follow the U.S. Sentencing Commission guidelines, which include mandatory minimum sentences for certain offenses.
What are the requirements for Invasion of Privacy?
Invasion of Privacy requires that the person must have a reasonable expectation of privacy and that the invasion must be highly offensive.
What are General Damages?
Available to individuals for nonmonetary aspects of harm suffered, including pain and suffering, loss of companionship, loss of reputation, disfigurement, and loss of physical or mental capacity.
What happens if a defendant is convicted?
If convicted, the defendant is sentenced by the court according to the applicable laws and guidelines.
What does Superseding Cause refer to?
Superseding Cause refers to an event that occurs after the defendant's act and contributes to the injury, breaking the chain of causation.
What are the tort theories under which a business may be liable for a defective product?
The tort theories include Negligence, Misrepresentation, and Strict Liability.
What are Abnormally Dangerous Activities?
Abnormally Dangerous Activities are those that involve a high risk of serious harm to persons or property that cannot be completely guarded against by the exercise of reasonable care.
What is Preemption in the context of Product Liability Claims?
Preemption occurs when government regulations prevent claims for product liability, meaning an injured party may not sue manufacturers of defective products that are subject to comprehensive federal regulatory schemes.
What are the sanctions in criminal law?
Sanctions in criminal law are harsher and meant to deter future crimes, including fines, incarceration, and possibly the death penalty.
What are Good Samaritan Statutes?
Good Samaritan Statutes generally protect individuals who provide assistance to those in danger, but they may be liable if they begin to help and then walk away before the person is out of danger.
What is Probable Cause?
The belief by law enforcement that a search will lead to evidence of a crime, necessary for issuing arrest/search warrants.
What are Miranda Rights?
Rights that must be read to an individual upon arrest, including the right to remain silent and the right to retain counsel.
What is Battery in tort law?
Battery is the unexcused and harmful or offensive physical contact that is intentionally performed, where physical injury is not required, and the contact can involve any part of the body or anything connected to it.
What is Assumption of Risk in tort law?
Assumption of Risk is a defense in tort law where the plaintiff had knowledge of the risk and voluntarily assumed that risk.
What is Trespass to Land?
Trespass to Land occurs when a person enters onto, above, or below the surface of land owned by another without permission, causes anything to enter onto that land, or remains on the land without permission.
What is the term 'Commonly Known Dangers' in product liability cases?
If a defendant succeeds in court that a plaintiff’s injury resulted from a commonly known danger, the defendant is not liable.
What are Special Damages?
Quantifiable monetary losses such as medical expenses, lost wages, loss of property, and repair costs.
What are Statutes of Limitation in Tort Law?
Laws that may limit the timeframe to file a lawsuit for a tortious injury.
What are the elements of Negligence?
The elements of Negligence include Injury, Duty, Breach, and Causation.
What is Entrapment?
A defense that occurs when law enforcement suggests a crime be committed and pressures or induces an individual to commit that crime.
What is Mens Rea?
The specified state of mind or intent when committing a prohibited act.
What constitutes a Violent Crime?
Crimes that cause others to suffer harm or death, classified by degrees based on severity.
What is Contributory Negligence?
Contributory Negligence is a legal doctrine where if the plaintiff is found to be negligent, they cannot recover damages from the defendant.
What is Conversion in tort law?
Conversion is the act of depriving the owner of personal property or the use of property without the owner's permission and without just cause, which can include taking electronic records or data.
What is the Basis of Tort Law?
Law dealing with wrongful injury, designed to compensate those who have suffered a loss or injury of a protected interest due to another person’s wrongful acts.
What are 'Statutes of Repose' in relation to product liability?
Statutes of Repose set a hard deadline on when claims can be made from the date of manufacture.
What does Assumption of Risk entail in Product Liability?
Assumption of Risk involves the plaintiff knowing and appreciating the risk created by a product defect and voluntarily assuming that risk, either through express agreement or by conduct.
What does 'Injury' refer to in the context of Negligence?
Injury refers to loss, harm, wrong, or invasion of a protected interest.
What is the Statute of Limitations?
The time period within which governments can file charges after a crime occurs, with exceptions for crimes like murder or if the defendant is a minor.
What rights are protected under the Fifth Amendment?
The right against self-incrimination, allowing defendants to avoid testifying against themselves.
What is Burglary?
Breaking and entering the dwelling of another at night with the intent to commit a felony.
What is Intentional Infliction of Emotional Distress?
Intentional Infliction of Emotional Distress involves extreme and outrageous conduct that results in severe emotional distress to another, exceeding the bounds of decency accepted by society.
What is Information in criminal law?
Information is a formal charge issued by a prosecutor for less serious crimes, identifying the specific offenses.
What is qualified privilege in defamation?
Qualified privilege applies to statements made in good faith, where publication is limited to those who have a legitimate interest in the communication, such as an employee’s performance evaluation.
What is Misrepresentation/Fraud in tort law?
Misrepresentation/Fraud occurs when a false statement is knowingly made about a material fact to induce a buyer to purchase a product, and the buyer relies on that statement.
What are the requirements for a product to be considered in a defective condition under Strict Liability?
The product must be defective when sold, the seller must be engaged in the business of selling that product, the product must be unreasonably dangerous, the plaintiff must incur physical harm, the defective condition must be the proximate cause of the injury, and the goods must not have substantially changed since the sale.
What is Product Misuse in the context of defenses to Product Liability?
Product Misuse refers to an unforeseeable use of a product that was not intended by the manufacturer, which can serve as a defense against product liability claims.
What is 'Causation' in Negligence?
Causation refers to the requirement that the defendant's breach caused the plaintiff's injury, which includes 'but for' causation and proximate cause.
What is a Felony?
Serious crimes punishable by at least 1 year of imprisonment.
What is Criminal Negligence?
Unjustified, substantial, and foreseeable risk resulting in harm.
What is Defamation?
Defamation is a statement that is understood as being about the plaintiff and tends to harm the plaintiff’s reputation, published to at least one person other than the plaintiff. If the plaintiff is a public figure, they must prove the defendant had actual malice.
What defines a 'Crime' in criminal law?
A crime is a wrong against society set forth in a statute and punishable by fine, imprisonment, and/or death.
What are the Types of Torts?
Intentional Torts, Negligence, and Strict Liability.
What is Comparative Negligence?
Comparative Negligence is a legal doctrine that compares the negligence of both parties involved in an incident, potentially reducing the liability of the defendant based on the plaintiff's own negligence.
What is Duress in the context of criminal law?
A defense where a wrongful threat from another person induces an individual to perform an act they would not have otherwise performed, but it cannot be used as a defense to murder.
What is Actus Reus?
The prohibited act that constitutes a crime.
What is Corporate Liability for Crimes?
Corporations are liable for crimes committed by their agents and employees within the course and scope of their employment.
What is an absolute defense against a defamation charge?
Truth is an absolute defense against a defamation charge.
What is Product Liability?
Product Liability holds businesses responsible for injuries or damages caused by defective products to consumers, users, or bystanders.
What constitutes Negligence in product manufacturing?
Negligence in product manufacturing occurs when a manufacturer fails to exercise reasonable care in making a product safe, leading to injury.
What is Slander of Title?
Slander of Title is the publication that falsely denies or casts doubt on another's legal ownership of property, resulting in financial loss to the property's owner.
What is the definition of Insanity in criminal law?
A legal defense that may allow a person to be placed in a mental institution instead of prison if it is established in court that they were insane at the time of the crime.
What does the Fourth Amendment protect against?
Protection from unreasonable searches and seizures, requiring probable cause for arrest/search warrants.
What does the Eighth Amendment prohibit?
Prohibits excessive bail or fines and cruel and unusual punishments.
What constitutes Assault in tort law?
Assault is the intentional and unexcused threat of immediate harmful or offensive contact that creates a reasonably believable threat, which can be communicated through words or acts.
What is Comparative Negligence?
Comparative Negligence is a legal doctrine that allocates fault between the plaintiff and defendant, allowing for recovery based on the degree of fault.
What are protected interests in Tort Law?
Personal physical safety, freedom of movement, and protection of property.
What are Compensatory Damages?
Actual losses awarded to make the plaintiff whole.
Who typically sues in civil law?
In civil law, the one who suffers harm is the one who sues.
What are the remedies or sanctions in civil law?
In civil law, remedies can be legal or equitable.
What is 'Breach' in the context of Negligence?
Breach occurs when the defendant fails to meet the duty of care owed to the plaintiff, evaluated by how a reasonable person would have acted under the circumstances.
What is Immunity in criminal law?
A protection granted by the state that allows a person to avoid prosecution in exchange for providing information about another, often as part of a plea bargain.
What rights are guaranteed by the Sixth Amendment?
The right to a speedy trial by jury, the right to confront witnesses, and the right to legal counsel at various stages of the process.
What is the role of the accused person in a trial?
The accused person does not have to prove anything during a trial; the burden of proof lies with the prosecution.
What is Trespass to Personal Property?
Trespass to Personal Property involves interfering with the lawful owner's possession and enjoyment of personal property, including destroying or diminishing the value, condition, or quality of the property.
What does 'Knowledgeable User' mean in the context of product liability?
If a particular danger is or should be commonly known by particular users of a product, the manufacturer need not warn these users of the danger.
What is the burden of proof in civil law?
The burden of proof in civil law is 'preponderance of the evidence,' meaning more likely than not.
What are Intentional Torts?
Torts that require intent to cause harm.
What does Mistake refer to in criminal law?
A defense that may excuse criminal responsibility if it negates the mental state necessary to commit a crime, such as believing an item is one's own.
What is Criminal Liability?
The legal responsibility for committing a crime, requiring a prohibited act (actus reus) and a specified state of mind/intent (mens rea).
What is Strict Liability?
A legal standard where no specific mental state is required to be held liable for a crime.
What is a Tortfeasor?
A Tortfeasor is the individual who commits a tort, intending to perform an act that interferes with another's personal or business interests in a manner not permitted by law.
What is an Indictment?
An Indictment is a formal charge issued by a grand jury identifying the specific crimes a prosecutor believes have been committed.
What is the significance of the MacPherson Buick car case?
The MacPherson Buick car case established that a manufacturer can be sued for negligent manufacturing even without a contractual relationship with the injured party.
What are 'Statutes of Limitations' in product liability claims?
Statutes of Limitations typically allow 2-4 years to bring a product liability claim in most states.
What does Strict Liability mean?
Strict Liability holds a party legally responsible for injuries caused by their activities, regardless of the care taken, particularly in cases involving abnormally dangerous activities.
What are Punitive Damages?
Damages intended to deter wrongful, tortious conduct from recurring, awarded in particularly egregious cases, and may be awarded in intentional tort cases but not in negligence except for gross negligence.
What is Slander of Quality?
Slander of Quality involves publishing false information about another's product, causing a third party to refrain from dealing with the plaintiff, resulting in economic damages to the plaintiff.
What is meant by 'Duty' in Negligence?
Duty refers to the obligation of the defendant to owe a duty of care to the plaintiff.
What is a Misdemeanor?
Less serious crimes punishable by fine or imprisonment of less than 1 year.
What is Recklessness in criminal law?
Conscious disregard of a substantial and unjustifiable risk.
What is Larceny?
The unlawful taking or carrying away of someone else's property with the intent to permanently deprive the owner of possession.
What is Defamation?
Defamation is the act of making false, defamatory statements of fact about others, where if the statement is written, it is considered libel, and if oral, it is considered slander.
What is the burden of proof in criminal law?
The burden of proof in criminal law is 'beyond a reasonable doubt.'
What is Negligence?
Negligence occurs when a person suffers injury due to another's failure to meet a required duty of care, where actual intent is irrelevant.
What are Dram Shop Acts?
Dram Shop Acts hold bars liable for injuries caused by a person who becomes intoxicated while drinking at the bar.
What is Double Jeopardy?
A legal principle that prohibits an individual from being tried for the same crime twice.
What happens if Miranda Rights are not informed?
Any statements made by the individual may be deemed inadmissible in court.
What is False Imprisonment?
False Imprisonment is the intentional confinement or restraint of another person's activities without justification, which can occur through physical barriers, physical restraint, or threats of physical force.