BLAW 2

Federal crimes must follow the U.S. Sentencing Commission guidelines, which include mandatory minimum sentences for certain offenses.

Invasion of Privacy requires that the person must have a reasonable expectation of privacy and that the invasion must be highly offensive.

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.

If convicted, the defendant is sentenced by the court according to the applicable laws and guidelines.

Superseding Cause refers to an event that occurs after the defendant's act and contributes to the injury, breaking the chain of causation.

The tort theories include Negligence, Misrepresentation, and Strict Liability.

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.

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.

Sanctions in criminal law are harsher and meant to deter future crimes, including fines, incarceration, and possibly the death penalty.

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.

The belief by law enforcement that a search will lead to evidence of a crime, necessary for issuing arrest/search warrants.

Rights that must be read to an individual upon arrest, including the right to remain silent and the right to retain counsel.

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.

Assumption of Risk is a defense in tort law where the plaintiff had knowledge of the risk and voluntarily assumed that risk.

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.

If a defendant succeeds in court that a plaintiff’s injury resulted from a commonly known danger, the defendant is not liable.

Quantifiable monetary losses such as medical expenses, lost wages, loss of property, and repair costs.

Laws that may limit the timeframe to file a lawsuit for a tortious injury.

The elements of Negligence include Injury, Duty, Breach, and Causation.

A defense that occurs when law enforcement suggests a crime be committed and pressures or induces an individual to commit that crime.

The specified state of mind or intent when committing a prohibited act.

Crimes that cause others to suffer harm or death, classified by degrees based on severity.

Contributory Negligence is a legal doctrine where if the plaintiff is found to be negligent, they cannot recover damages from the defendant.

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.

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.

Statutes of Repose set a hard deadline on when claims can be made from the date of manufacture.

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.

Injury refers to loss, harm, wrong, or invasion of a protected interest.

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.

The right against self-incrimination, allowing defendants to avoid testifying against themselves.

Breaking and entering the dwelling of another at night with the intent to commit a felony.

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.

Information is a formal charge issued by a prosecutor for less serious crimes, identifying the specific offenses.

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.

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.

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.

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.

Causation refers to the requirement that the defendant's breach caused the plaintiff's injury, which includes 'but for' causation and proximate cause.

Serious crimes punishable by at least 1 year of imprisonment.

Unjustified, substantial, and foreseeable risk resulting in harm.

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.

A crime is a wrong against society set forth in a statute and punishable by fine, imprisonment, and/or death.

Intentional Torts, Negligence, and Strict Liability.

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.

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.

The prohibited act that constitutes a crime.

Corporations are liable for crimes committed by their agents and employees within the course and scope of their employment.

Truth is an absolute defense against a defamation charge.

Product Liability holds businesses responsible for injuries or damages caused by defective products to consumers, users, or bystanders.

Negligence in product manufacturing occurs when a manufacturer fails to exercise reasonable care in making a product safe, leading to injury.

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.

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.

Protection from unreasonable searches and seizures, requiring probable cause for arrest/search warrants.

Prohibits excessive bail or fines and cruel and unusual punishments.

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.

Comparative Negligence is a legal doctrine that allocates fault between the plaintiff and defendant, allowing for recovery based on the degree of fault.

Personal physical safety, freedom of movement, and protection of property.

Actual losses awarded to make the plaintiff whole.

In civil law, the one who suffers harm is the one who sues.

In civil law, remedies can be legal or equitable.

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.

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.

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.

The accused person does not have to prove anything during a trial; the burden of proof lies with the prosecution.

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.

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.

The burden of proof in civil law is 'preponderance of the evidence,' meaning more likely than not.

Torts that require intent to cause harm.

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.

The legal responsibility for committing a crime, requiring a prohibited act (actus reus) and a specified state of mind/intent (mens rea).

A legal standard where no specific mental state is required to be held liable for a crime.

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.

An Indictment is a formal charge issued by a grand jury identifying the specific crimes a prosecutor believes have been committed.

The MacPherson Buick car case established that a manufacturer can be sued for negligent manufacturing even without a contractual relationship with the injured party.

Statutes of Limitations typically allow 2-4 years to bring a product liability claim in most states.

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.

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.

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.

Duty refers to the obligation of the defendant to owe a duty of care to the plaintiff.

Less serious crimes punishable by fine or imprisonment of less than 1 year.

Conscious disregard of a substantial and unjustifiable risk.

The unlawful taking or carrying away of someone else's property with the intent to permanently deprive the owner of possession.

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.

The burden of proof in criminal law is 'beyond a reasonable doubt.'

Negligence occurs when a person suffers injury due to another's failure to meet a required duty of care, where actual intent is irrelevant.

Dram Shop Acts hold bars liable for injuries caused by a person who becomes intoxicated while drinking at the bar.

A legal principle that prohibits an individual from being tried for the same crime twice.

Any statements made by the individual may be deemed inadmissible in court.

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.