Section 1
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What happens at the initial appearance
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Cards (334)
Section 1
(50 cards)
What happens at the initial appearance
Judge explains defendant's rights and charges brought against them
What is a grand jury?
Group of 16-23 people charged with determining whether there is sufficient cause to believe that a person committed a crime and should be made to stand trial
What is the Bail Reform Act 1984?
Prevents someone from being freed on bails if they are charged with felony offense and believed to be dangerous.
Personal recognizance is release from custody by a A. percentage bond B. bond paid to a bond company C. promise the accused to return to court D. identification of the accused by the judge
C. promise the accused to return to court
Term that means every person involved in a legal dispute is entitled to a fair hearing or trial
Due process
A. fine B. bail C. restitution D. damages is the amount of money paid to a court to ensure that the defendant returns for his next court appearance
B. bail
Describe the options that defendants who think they have been wrongly convicted have?
The options defendants have when they think they have been wrongly convicted are to put in a "not guilty" verdict, and declare a mistrial. They may also call or a appeal. When they call for an appeal, they can ask for another attorney as well.
What was the US Supreme Court's decision in Gideon v Wainwright 1963?
The US Supreme Court's decision in Gideon v Wainwright was to enforce and expand the right for someone (defendant) to have an attorney in a felony case
Amendment to the US Constitution that provides for the right to confront and cross examine witnesses
6th Amendment
Describe the four different types of motions
Motion for discovery of evidence- requests by defendant to examine, before trial, certain evidence in the possession of prosecutor Motion for a continuance- this request seeks more time to prepare a case Motion for change of venue- request to change location of trial to avoid community hostility, for convenience of witnesses, or other reasons (fair trial/jury) Motion to suppress evidence- most important and controversial pretrial motion, request that certain evidence not be allowed to be presented (probably obtained illegally)
Court that determines questions of law
Appellate court
Group of people charged with determining whether there is sufficient cause to charge a person with a crime
Grand jury
The federal government and about 20 states use a A. grand jury B. preliminary hearing C. indictment D. information to determine whether there is sufficient cause to believe that a person, who has omitted a crime, should stand trial
A. grand jury
When is the exclusionary rule used by criminal defense lawyers?
It is used when they file a motion to suppress evidence
After the sniper shootings in Washington, D.C. area, the defense attorney for the alleged snipers made a motion for A. change of venue B. suppression of evidence C. continuance D. discovery of evidence
A. change of venue
What is the preliminary hearing and what is the prosecutor required to establish at the preliminary hearing?
Screening device used in more than half the states, used in felony cases to determine if there is enough evidence to require the defendant to stand trial. They're required to establish that a crime has probably been committed and defendant probably did it (probably guilt)
Amendment to the US Constitution that provides the right to an attorney in felony cases
6th Amendment
What is a pretrial motion?
Important preliminary proceeding, judge listens to motions before trial
Writ of habeous corpus
"to produce the body" claims that a defendant is being held illegally and requests release
Plea in which defendant does not admit guilt but does not contest the charges
Nolo contendere
Money to secure a person's return to court for further hearings
bail
What are the three pleas that can be entered by a defendant?
1. Guilty 2. Not guilty 3. Nolo Contendere (no contest)
What are the basic rights set out in the U.S Constitution that apply to people accused of a crime
Right to a trial by jury, Right to a speedy and public trial, Right to compulsory process and to confront witnesses, Freedom from self incrimination, Right to an attorney
Term that refers to right not to be forced to testify against oneself in a criminal trial
Self incrimination
What is a bench trial?
Trial that takes place before a judge without a jury
When there is a good faith exception to the exclusionary rule, the seized evidence A. can be used only to show the defendant is lying B. cannot be used against the defendant in trial C. can be used against the defendant in trial D. can be used only at the sentencing phase
C. can be used against the defendant in trial
What is plea bargaining and what are the advantages and disadvantages of it?
In a criminal case, the negotiations between the prosecutor, defendant, and defendant's attorney. IN exchange for the defendant agreeing to plead guilty, the prosecutor agrees to charge the defendant with a less serious crime, which means lesser punishment. Without plea bargaining, some argue that the criminal justice system will be overwhelmed by increase of cases coming to trial. Others say that eliminating plea bargaining will provide greater justice because the government will drop (not prosecute) weak cases and defendants wild still plead guilty when the government's case is very strong. Advantage: speeds up court process
What are the two major arguments ins support of the exclusionary rule?
The two major arguments in support of the rule are judicial integrity and deterrence. Judicial integrity is the idea that courts should not be parties to law-breaking by the police. Deterrence means that police will be less likely to violate a citizen's rights if they know that illegally seized evidence will be thrown out of court.
What does it mean if a judge releases a defendant on personal recognizance? A. the defendant needs a third party custody B. the defendant is required to post bond C. the defendant has adequate ties to the community and can be expected to return to court D. None of these
C. the defendant has adequate ties to the community and can be expected to return to court
term for when a witness cannot be prosecuted based on any information provided in a testimony
immunity
Plea bargaining benefits the prosecutor by A. allowing the defendant to plead guilty to a less serious charge B. allowing the defendant to get away with the offense C. avoiding the time and expense of a public trial D. ensuring that citizens get a chance to sit on juries
C. avoiding time and expense of a public trial
What is an indictment and what is the defendant required to do after and indictment is issued?
Formal charge of criminal action, the defendant is required to appear in court and enter a plea
Describe what options are available at the initial appearance?
1. Personal recognizance- judge feels secure enough that you will show up to trial, released to themselves 2. 3rd party custody- conditional release, his lawyer, family member are responsible for defendant to show up to trial 3. Setting bail- posting money to release, assuring the defendant will show up to trial 4. Preventive detention- held in jail until trial
Formal charge of criminal action
indictment
Amendment to the US Constitution that provides the defendant to the right to a jury trial and an impartial jury
6th Amendment
Which of these facts would a judge consider in deciding a motion to change venue? A. community hostility B. Convenience of attorneys C. convenience of press D. none of these
A. Community hostility
What rights are provided in the 6th Amendment to the US Constitution?
The rights provided in the 6th Amendment are the right to a speedy trial in all criminal cases, the right to compel and cross examine witnesses, the right to an impartial jury, and the right to an attorney.
Define booking and indicate what takes place at the time of booking
Process of making police record of arrest; information, finger printing, searching
Define arraignment
Defendant is charged and this is when a defendant can issue a plea
Amendment to the US Constitution that provides for a speedy trial in all criminal cases
6th amendment
Police illegally enter John's house looking for a stolen TV. They do not find the TV, but they do observe a pawn ticket. Leaving the ticket where they find it, the officers go to the pawn shop where they observe the TV and seize it. John is prosecuted for the theft of the TV set. As John's attorney, which of the following pretrial motions to exclude evidence would be right to make? A. motion to change venue B. Motion for continuance C. Motion to suppress evidence D. Motion for mistrial
C. Motion to suppress evidence
Term that means is being held illegally and requests release, means "to produce the body"
Habeas corpus
What is the most important point of the initial appearance?
Deciding what to do with the defendant until trial
The most important decision at the initial appearance is whether to A. plead guilty B. give a DNA sample C. release the defendant from custody D. accept a court appointed attorney
C. release the defendant from custody
What was the US Supreme Court's decision in the case of Mapp v Ohio 1961?
The decision made the exclusionary rule binding on the states
What are the basic rights set out in the US Constitution that apply to people accused of a crime?
Accused people are entitled to have a jury trial in public and without undue delay, to be informed of their rights and charges against them, to confront and cross examine witnesses, to compel witnesses to testify on their behalf, to refuse to testify against themselves, and to be represented by an attorney
What is the "good faith" exception to the exclusionary rule?
The "good faith" exception to the exclusionary rule bars the use of evidence at trial obtained by following the law to an unlawful search and seizure. If the officers had good faith/ belief that they were acting accordingly to the legal authority, such as relying oink a search warrant that is later to have den legally defective, the illegally seized evidence is valid
where are jury panels drawn from
voter registration, tax lists, and driver license lists from
When juries disregard the law and the judges instruction when they believe they must do so in the interest of justice
jury nullification
If a defendant becomes disorderly or disruptive in the court room, what can a judge do?
The judge may ask them to leave. They can also cite the defendant for contempt of court. Finally a judge may have the defendant bound and gagged. In some courts, if the defendant leaves the room, they may be able to watch the trial on a TV in another room.
Section 2
(50 cards)
What does the system of corrections include?
Community corrections, halfway houses, jail, prisons
What does the term parens patriae mean?
It is a Latin term meaning "parents of the country" doctrine of couth which government takes care of juvenile
Describe what is meant by reentry and its three phases.
Phase 1- programs begin in correctional institutions, focus on education, mental health treatment, job training, mentoring to convicts, to psychologically prepare them to reenter society Phase 2- focus on actual transition back into community (how to get job, where to live) Phase 3- helps link individuals who left supervision of justice system w network of social service agencies, community based organizations. These were developed to enhance community safety and reduce crime committed by ex-offenders
In what ways is an inmate's life controlled?
Told when to wake up and go to sleep, mail and calls screened; access to radio, TV, books controlled; visitors limited; constant surveillance and searches
Type of sentence wherein the defendant is allowed to work in the community but is required to return to prison at night
Work release
What is a juvenile?
Person not yet considered an adult for the purposes of determining either crime or civil liability; a minor
Delinquent offender
Youths who have committed acts that would be crimes if committed by adults under federal, state, local law
Term for release of convicted person from prison before his entire sentence has been served
Parole
What was the decision in the US Supreme Court case McKeiver v Pennsylvania 1971?
Jury trials are not required in juvenile cases
List the procedures in Juvenile Court?
1. Taken into Custody 2. Intake 3. Initial or detention hearing 4. Adjudicatory hearing 5. Dispositional hearing 6. Post disposition 7. Aftercare
The criminal sentence has served all to the following purposes over time except A. deterrence B. rehabilitation C. equality D. retribution
C. equality
Why is the dispositional hearing the most important stage in the system for juveniles?
It is the most important stage because the judge decides what sentence the juvenile offender should receive
How is a juvenile treated differently from adults?
Offense - crime Taken into custody- arrested Petition-file charges Denial-not guilty plea Admission -guilty plea adjudicatory hearing-trial Found delinquent-found guilty Disposition-sentencing Detention-jail Aftercare-parole
Prisoners have A. limited B. no C. expanded D. the same constitutional rights In prison
A. limited
What does the term intake mean?
It is the informal process by which court officials or social workers decide if a complaint against a juvenile should be referred to juvenile court
What are parental responsibility laws?
They are statutes in which parents are held responsible and may be prosecuted for crimes committed by their children
Who will be held in prison rather than in jail? A. TI is charged with murder and awaiting trial B. Mary is serving her sentence for a felony C. George is serving 10 days for driving under the influence D. None of these
B. Mary is serving her sentence for a felony
Status offender
Youths who have committed acts that would not be crimes if committed by adults
What are the differences between a prison and jail?
Prison is run by federal and state governments. People who have been sentenced to more than one year imprisonment for their crime are placed in prison. A jail is run by city and county governments. It is a place for people who await their trial, and where people are held who have been sentenced less than a year imprisonment
Type of sentence wherein the defendant must pay the government an amount of money
fine
What is the purpose of the adjudicatory hearing?
Its purpose is to determine the facts of the case
What is preventive detention and what is it based on?
It is the holding of a juvenile against his/her will without bail until trial of likelihood that the individual will commit another crime. It is based on the judges decision that juvenile is better off in detention rather than home.
What prisoner rights were established by the US Supreme Court?
The right to b free from cruel and unusual punishment; right to freedom of religion; right to due process; right to medical treatment; right of access to law libraries and courts
What are the eight sentencing options a judge has?
Home confinement, suspended sentence, probation, fine, restitution, work release, imprisonment, death
Criminal sentencing serves the following purposes: A. deterrence B. rehabilitation C. retribution D. all of these E. none of these
D. all of these
What does the judge usually consider at a juvenile transfer hearing?
1. Juvenile's age and past records 2. Seriousness of crime 3. Likelihood that juvenile may be rehabilitated before age of majority
Describe the four purposes of the criminal sentence
Retribution- punishment given as renege for wrongdoing Deterrence- measures taken to discourage criminal actions Rehabilitation- process which convicted person changed/reformed, in order to lead productive life Incapacitation- reason for criminal punishment that stresses keeping convicted person confined to protect society
The reentry program has each of the following phases except A. support and mentoring while back in the community B. parole system C. education treatment and training in prison D. focus on transitioning into the community
B. a parole system
What rights are afforded to juveniles as a result of the Gault case?
1. Right to notification of charges against them 2. Right to attorney 3. Right to confront/cross examine witnesses 4. Right to remain silent
Neglected children
Failure of parents to properly feed, clothe, provide shelter for, educate, supervise, or provide medical needs of a child
Type of sentence wherein the defendant is sentenced to serve the sentence at home
Home confinement (house arrest)
What must the state generally prove at an initial hearing?
The state must generally prove that an offense was committed and that there is reasonable cause to believe the accused committed it
Type of sentence wherein the defendant is released to the supervision of a probation officer after agreeing to certain conditions
probation
In states that have mandatory sentencing laws, A. judges have little discretion in setting the sentence B. juries have great discretion in setting the sentence C. judges have great discretion in setting the sentence D. none of the above
A. Judges have little discretion in setting the sentence
Discuss the presentence report to the following A. definition B. who prepares it C. what are its contents D. for whom is it prepared and why
A. the presentence report is a document prepared by the probation department that describes an offense committed and the circumstances surrounding it B. the probation department prepares it C. it includes information about the convict like a past criminal record, their mental state, and education. It aloe includes a recommended punishment/sentence. D. it is prepared for the judge because they are the one to give the sentence to the defendant
List some possible errors that would allow for an appeal.
Ineffective assistance of counsel, improperly admitting evidence, giving jury wrong instructions, improper use of sentencing building, etc.
Type of sentence wherein the defendant is sentenced to a term in jail or prison
imprisonment
What is a recidivist?
Someone who repeatedly commits a crime, repeated offender
If a defendant is sentenced to five years in prison in a state that has a parole system the defendant will serve A. some time in prison and then may be released prior to the end of the five years and placed on parole B. no time in prison but will be supervised in the community for five years by a parole officer C. serve some time on parole and then spend the remainder of the sentence in prison D. none of these
A. some time in prison and then may be released prior to the end of the five years and placed on parole
What was the decision in the US Supreme Court case In re Winship (1970)?
Juveniles charged with criminal act must be found delinquent by proof beyond a reasonable doubt
What does the Juvenile Justice and Delinquency Prevention Act of 1974 require?
It required the juvenile court system to change the way in which it treated status offenders and delinquent offenders
What is another name for capital punishment?
Death penalty
The number of people in prison in the US has A. increased dramatically in recent years B. dropped dramatically in recent years C. remained the same in recent years D. dropped slightly in recent years
A. increased dramatically in recent years
Why is the sentence perhaps the most critical decision in the criminal justice process?
It is what determines how the convict will be punished and how they will spend the rest of their life
What are the arguments for and against the death penalty?
For: people believe justice must be served to dangerous people, they get what they deserve Against: people believe there is no one who has the right to take someone's life
Type of sentence that is given but does not have to be served at the time it is imposed
Suspended sentence
Distinguish between aggravating and mitigating circumstances
Aggravating circumstances are the factors of a crime which make a more severe punishment appropriate. Mitigating circumstances are the factors of a crime that make a less severe punishment appropriate.
What does contributing to the delinquency of a minor mean?
It is the act by an adult of aiding or encouraging illegal or improper conduct by a minor
Abused children
Occurs when child has been sexually, physically, or emotionally abused
What does freedom from self incrimination mean and where does this right come from?
It means you cannot testify against yourself in a criminal trial. It comes from the 5th amendment
Section 3
(50 cards)
Type of law that deals with private rights of individuals
Tort law
Discuss the different types of liability insurance carried by: A. professionals B. manufactures C. home owners and renters
A. doctors, lawyers, professions carry liability insurance to protect themselves against malpractice suits B. Manufactures have insurance that protects their products and if their products are defective, the insurance would cover for the harm done to the buyers C. Home owners and renters have insurance that if something were to happen to their home, their insurance company would cover the damages
What rights does a juvenile delinquent retain that an adult criminal does not?
A juvenile who is found delinquent does not have a criminal record. Juveniles who are adjudicated do not lose any civil rights and can still register to vote upon reaching adulthood
What is aftercare?
Aftercare is the equivalent of parole in the adult system. A juvenile is supervised and assisted by a parole officer or social worker
Term for mutual agreement between two sides in a civil lawsuit made either before the case goes to trial or before a final judgment is entered that settles or ends the dispute
settlement
What basic questions does tort law deal with?
1. Who should be responsible, or liable for harm caused by human activities 2. How much should the responsible person have to pay
Nominal damages
Cannot back up with info, there's no proof but account was justified; taken amount of money awarded by a court to a plaintiff to show the claim was justified even if the plaintiff is unable to prove economic harm.
Term for requiring that to win a civil case, more than 50% of the weight of the evidence be in the plaintiff's favor
Preponderance of evidence
Juveniles may be charged in adult court after a transfer hearing, when a judge considers A. the juvenile's age and past record B. the seriousness of the crime C. the likelihood the juvenile may be rehabilitated D. all of the above
D. all of the above
State reasons for an increase in the prison population
Get tough-on-come policy, increasing use of mandatory sentences, longer sentences and greater willingness to revoke probation and parole, more aggressive drug prosecutions
What is the most common disposition?
Probation
What happens if the defendant loses the judgment in a civil case?
They are not punished with jail or any other penalties associated with criminal law. Instead, they will be ordered to compensate the plaintiff for injuries, usually by partying monetary damages
The burden of proof in a tort suit is A. beyond a reasonable doubt B. clear and convincing evidence C. preponderance of the evidence D. none of the above
C. preponderance of the evidence
When does defamation occur?
It occurs when someone makes a false statement about another person that is communicated to a third party causing harm to the person's reputation
What does tort law provide?
It provides a legal process for injured persons to recover monetary damages from wrongdoers who cause them harm
Jeremy has been found guilty of underage possession of alcohol. He is a A. juvenile delinquent B. status offender C. neglected and abused child D. none of these
B. status offender
Distinguish between assault and battery
Battery is when a person intentionally causes a harmful or offensive contact with another person. Assault is when a person goes beyond words and intentionally makes someone fear an immediate harmful or offensive contact. Battery- physical Assault- verbal threat
At the __________ the judge determines the sentence for juvenile offenders
Dispositional hearing
What is meant by false imprisonment?
It occurs when someone intentionally and wrongfully confines another person against his or her will
An injured party in a civil lawsuit is called a A. defendant B. plaintiff C. prosecutor D. none of these
B. plaintiff
Which of the following represents the current trend in the treatment of juvenile offenders? A. it is most important that juveniles be rehabilitated B. it is most important that juveniles be held accountable and community safety be protected C. Serious violent juvenile offenders can best be handled in juvenile court D. Parens patriae is the beset approach
A. it is most important that juveniles be rehabilitated
A ____________ is a youth who has committed an act that would be a rime if committed by an adult
Delinquent offender
The trial in juvenile delinquent cases is called a(n) _______
Adjudicatory hearing
What is meant by the term defamation?
Written or spoken expression about a person that is false and damages that person's reputation
A lawsuit brought by one or more persons on behalf of a larger group is called A. remedy B. class action C. settlement D. judgment
B. class action
List the torts injure persons
Battery, assault, infliction of emotional distress, false imprisonment, torts related to defamation
What three groups of people face strict liability?
1. Owners of dangerous animals 2. People who engage in highly dangerous activities 3. Manufacturers and sellers of defective consumer products/food
What is common law?
It is a system in which court decisions establish legal principles and rules of law
What is tort law based on?
It is based on common law and statutes, or written laws
Punitive damages
Awards in excess of proven economic loss, in tort action they are awarded to plaintiff to punish the defendant and to warn others not to engage in such conduct. There is a process, money to repair and make sure properly replaced
Term for obligation to do or not to do something is A. settlement B. class action suit C. liability D. none of these
C. liability
Term for Court's decision in a civil case is called A. class action B. a settlement C. a judgment D. criminal act
C. judgment
Tort liability exists for what 3 major categories of conduct?
1. Intentional wrongs- it is the intent to damage or injure someone or their property 2. Negligence- it was not intentional and was a result of lack of reasonable care 3. strict liability- this is different from both intentional wrong and negligence. It is for people who have dangerous animals, dangerous jobs, or manufacturers of defective products
Today's "get tough" philosophy results in more juveniles A. remaining in juvenile court B. being transferred to adult court C. not being prosecuted for their crimes D. getting their cases dismissed
B. being transferred to adult court
The alleged wrongdoer in a civil lawsuit is called A. defendant B. the prosecutor C. the plaintiff D. the criminal
A. the defendant
In civil law, the injured party is often provided with a A. remedy B. class action C. contingency fee D. statute to make up for what was lost
A. remedy
With the tort of infliction of emotional distress what do the Court's require?
The courts require that the defendant's conduct be quite outrageous and plaintiff prove extreme distress
Aftercare in the juvenile justice process is most similar to what in the adult system? A probation B restitution C. parole D. home confinement
C. parole
Jack has been released rom the state juvenile facility after he was confined for 20 weeks. He must now check in with a government employee every week. This is called ____________
aftercare
Laws made by judges throughout court decisions is known as A. civil laws B. common law C. criminal law D. judicial laws
B. common law
Term for type of coverage or insurance that pays for injuries to other people or damage to property if the individual insured is responsible for an accident during the term of the contract
Liability insurance
Plaintiffs in tort suits are seeking A. waiver B. tort C. remedy D. immunity
C. remedy
Define the term intentional torts and list the two general types of intentional torts
Actions taken to deliberately harm another person or property. The two general types are those causing injury to persons and those causing harm to property
Some states permit juveniles to _________ their juvenile records when they reach a certain age and have committed no additional delinquent acts
expunge
What happens if the conditions of probation are not met?
If the conditions are not met, the youth can be sent back to court for another hearing. At that time, the judge can decide to send the juvenile to a group home or state institution
Which of the following features of tort law supports the fact that the government permits adults to purchase cigarettes rather than banning them altogether?? A. balance of the usefulness against the harm B. reflection of the common law C. preservation of individual choice D. all of the above
C. preservation of individual choice
Term for amount of evidence the prosecutor must present in order to win a case
Standard of proof
Who is the plaintiff and who is the defendant?
The plaintiff is the harmed individual in a civil lawsuit, the defendant is the accused wrongdoer
Compensatory Damages
Back up with info, money the court requires a defendant to pay a winning plaintiff to make up for harm caused
What is a tort?
When a person commits a wrong in civil law
Section 4
(50 cards)
Term for a federal protection for an invention or design, giving the inventor exclusive ownership rights for a period of time
Patent
What is the general rule if people copy songs or materials from CD's?
The general rule is that copyrighting songs from CDs is a copyright violation
Term for the intentional or wrongful confinement of another person against his or her will
False imprisonment
copyright
protection of creative fixed expression (writing) giving the owner exclusive rights to the expression (book, essay, poem)
Under what conditions are patents granted?
Patents are only given to inventors who have thought of something that has never been invented before
T or F Assault and battery can both be crimes and intentional torts
True
A court order requiring that a person do or not do, a specific act
injunction
Term for protection of a creative fixed expression giving the owner exclusive rights to the expression
copyright
What do copyrights protect?
They protect any expression that is somehow fixed, written down, recorded on tape, stored on disk, painted on canvas, etc
A person can get a patent on a A. song B. book C. invention D. movie
C invention
Term for written or spoken expression about a person that is false or that damages their reputation
defamation
In what two ways does tort law protect property?
1. Protects against interference w owner's exclusive use of property and 2. It protest against property being taken or damaged
T or F The term monopoly refers to exclusive ownership or possession
True
T or F Punitive damages serve as a warning to others not to engage malicious, willful or outrageous acts
True
Term for written words about someone that are false or that otherwise damage his reputation
libel
T or F Nominal damages is a symbolic compensation, to show the claim is justified
True
T or F The damage award for an assault or a battery depends on the seriousness of the injury
True
The type of property protected by tort law that deals with the ownership interest in the creations of a person's mind is A. real property B. intellectual property C. personal property D. none of these
B. intellectual property
Term for spoken words about a person that are false or that damage that person's reputation
slander
Explain the defense of privilege in regard to intentional torts and what is best known privilege?
Privilege justifies conduct that would otherwise be a tort, because the defendant's interests require it. It also justifies conduct that would otherwise be a tort because public policy is best served by permitting such behavior. Self defense is the best known privilege.
Intellectual property
Ownership interest in creation of person's mind. Inventions, literary works, trademarks, art
Describe the three kinds of property protected by tort law
Real property- land and items attached to it, houses, crops, fences Personal property- property that can be moved, cars, clothing, appliances Intellectual property- ownership interest in creations of person's mind
T or F Real property is land and items attached to it
True
T or F Tort law does not provide compensation to someone whose personal property is taken, damaged, or interfered with
False
T or F An intentional tort occurs when an action is taken to deliberately cause harm
True
Describe the two exceptions to the exclusion rights of a copyright holder
The exceptions to the exclusive rights of a copyright holder are first sale and first use. First sale means once copyright owners swell a copy of their work, the lawful owner of the partial copy may resell that particular copy. The fair use clause of the copyright statute allows limited legal reproduction of copyrighted works for certain noncommercial purposes such as criticism, reporting, research
What are the legal benefits to registering the copyright and putting a copyright notice on your work?
Registering is easy and does not require a lawyer. Placing the copyright notice on your work serves to warn others that a work is copyrighted
Explain the attractive nuisance doctrine
It is a doctrine that says if a person keeps something on his or her property that is likely to attract children, that person must take reasonable steps to protect children against dangers the condition might cause
Copyrights protect A. any expression that is registered with the copyrights office B. any invention that is truly new or novel C. any invention that is created D. any expression that is somehow fixed *written down or stored on computer disk
D. any expression that is somehow fixed *written down or stored on computer disk
What is the most common defense to intentional torts?
Consent is the most common defense to intentional torts. It means the plaintiff consented, or agreed, to the harmful conduct & thus gave them the right to sue later
An invention that is in the public domain means that A. someone has the exclusive right to sell and profit from the invention B. anyone can sell and profit from the invention C. there is a monopoly on the invention D. the inventor can grant the right to sell the invention to another person
B. anyone can sell and profit from the invention
Monopoly
Exclusive ownership or possession
T or F Personal property is property that can be moved
True
Public domain
Property that belongs to the public; the point at which an unprotected idea or invention reaches the public and no longer belongs to the creator
How long is a copyright protected?
They are protected for the lifetime of the holder plus 70 years
What is meant by defense of property?
Defense of property is another privilege that allows people to use reasonable force to defend their homes or property
Term for unauthorized use of another's patent or copyright
infringement
Describe the two types of defamation
Slander is an oral statement that harm reputation, libel is written defamation. Spoken - Slander, Written - Libel
Term for when a person goes onto another person's property without permission
trespass
What is meant by conversion and to what type of property does it apply?
It applies to personal property. Conversion is when someone unlawfully exercises control over the personal property of another person
Define negligence
The failure to exercise a reasonable amount of care in either doing or not doing something, resulting in harm or injury to another person
Patent
Federally protects useful inventions such as processes, machines, and new products, federal government, owner has exclusive protection
Define the tort of trespass
Occurs when a person enters another person's property without permission
infringement
Illegal use of someone's intellectual property, such as copyright, patent, or trademark
To win a defamation suit against the media, what must a public figure prove?
Must prove not only statement is false and caused harm, but statement was said with malice
What is a nuisance?
It occurs when there is unreasonable interference with your ability to use and enjoy your property
Which of the following is a defense to intentional torts? A. consent B. insanity C. negligence D. assumption of the risk
A. consent
Doctrine that says if a person keeps something on his premises that is likely to attract children, the person must take reasonable care and steps to protect children against dangers that it might cause
Attractive nuisance
T or F Everyone has a genera duty to exercise reasonable care toward other persons and their property
True
What is an injunction and what does it require of a person?
Injunction is a court order requiring a person to do, or refrain from doing a particular act
Section 5
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Negligence refers to A. inattentiveness B. lack of care about others C. forgetfulness D. conduct that creates an unreasonable risk of harm
D. conduct that creates an unreasonable risk of harm
Standard of conduct that a community expects of its members
Reasonable person
Responsibility of care owed to others
duty
IN which situation would a dog owner be strictly liable for a dog biting another person? A. a bully threw a firecracker into a dog house and startled dog bit the bully B. the owner had a collie on a leash and a person trying to pet the dog was bitten. The dog had never bitten anyone before C. the dog who had never bitten anyone was allowed to roam the neighborhood and it bit a neighbor D. the owner got the dog from a breeder who said that the dog was vicious. The dog broke its leash and bit a person walking on the sidewalk
D. the owner got the dog from a breeder who said that the dog was vicious. The dog broke its leash and bit a person walking on the sidewalk
Elements of strict liability torts
Causation and damages
Legal cause of an injury, but not necessarily the event which set things in motion
Proximate cause
Federal agency that deals with consumer product safety
US Consumer Product Safety Commission
cosign
To sign a legal document, guaranteeing to pay off debt or contract if original signer defaults
Define strict liability
It means the defendant is liable to the plaintiff regardless of fault
Unconscionable contracts
Term in contract that is so unfair a judge will not permit it
Jack, a city employee, working in a manhole, forgets to replace the cover over the street. No one falls in. Jack has not committed negligence because this element of negligence is missing A. duty B. breach C. proximate cause D. injury
D. injury
consumer
Person who buys goods or services from a seller
The US Consumer Product Safety Commission A. advises consumers on product safety B. issues mandatory product standards C bans dangerous consumer products D. all of the above
D. all of the above
As a matter of public policy, tort law should serve to A. compensate harmed persons in a prompt and efficient war B. fairly allocate benefits to victims and costs to wrongdoers C. deter conduct that is unreasonably risky or dangerous D. all of the above
D. all of the above
Critics of the US tort system claim that A. the amount of money awarded to plaintiffs is sometimes unreasonably height B. going to court has become too expensive with lawyers getting too much of the money awarded C. civil courts take too long to resolve disputes D. all of the above
D. all of the above
How does strict liability apply to A. dangerous activities B. toxic torts C. animals?
A. companies conducting dangerous activities know they are strictly liable for any harm they cause. Activities that are unreasonably dangerous and when the risk of harm cannot be eliminated even with care. B. lawsuit against a manufacturer of a toxic substance for harm caused by the manufacturer or disposal of that substance used to address harm resulting from toxic chemicals C. owners are strictly liable for any harm caused by their untamed animals. Even the owner of a tamed wild animal may be strictly liable for any harm it causes because of its nature
Claim which is brought against the plaintiff by a defendant in a civil lawsuit
counterclaim
US Consumer Product Safety Commission
Federal agency that deals with consumer product safety
Product liability
Legal responsibility of manufacturers for injuries caused by defective products they produce or sell
Term that refers to idealized standard of how a community expects its members to act
Reasonable person's standard
What two items must you have to prove fault in a strict liability case?
You do have to prove causation and damages. A defendant could prove there is no causation or no damages
What has been the main focus of tort reform? A. limiting the hourly rate of attorneys B. changing the process of settling claims C. eliminating compensatory damages D. requiring losing plaintiffs to pay defendants' attorneys' fees
B. changing the process of settling claims
What is meant by reasonable person's standard?
Requires judgment and expectation to act reasonably and not harm someone. Ideal standard a community expects everyone to adhere to. Everyone has a duty toward everyone in society, a duty to act reasonably
What does the US Consumer Product Safety Commission protect?
It protects the public by issuing and enforcing mandatory product standards or banning consumer products
Type of liability that encourages safe design, testing, and warning on consumer goods
Product liability
What is a defendant's best strategy in strict liability cases?
The defendant's best strategy may be to argue that the plaintiff should have to prove negligence in a particular case and that sound public policy does not require the use of a strict liability standard
Describe the two separate issues involved in causation
Cause in fact- if harm would not have occurred without the wrongful act, the act is the cause in fact Proximate cause- concept limits damages the defendant must pay to only those harms that are reasonably predictable consequences of the defendant's wrongful acts (the harm caused must have been a foreseeable result of the act)
A violation of the responsibility of care owed to others
Breach of duty
Harm resulting from the use of hazardous materials
Toxic torts
When the defendant's actions produced the injury and the injury would not have occurred without the wrongful act
Cause in fact
Defense in strict liability cases
Lack of proximate cause
Precludes a plaintiff from recovering damages from a defendant because the plaintiff is also at fault
Contributory negligence
Conduct which creates an unreasonable risk of harm for others
negligence
Type of liability that results when ultra hazardous activities cause injury, non matter how careful the defendant has been
Strict liability
contract
An agreement between 2 or more persons to exchange something of value
Caveat emptor
"let the buyer beware"
Describe the elements of a contract
There must be an offer by one party and an acceptance by another. There must also be an exchange of consideration. This means something of value is given for something else of value. People entering a contract must be legally competent to make contracts. You cannot do anything illegal.
If the harm would not have occurred without the wrongful act, this is A. proximate cause B. actual cause C. cause in fact D. all of the above
C cause in fact
Describe the elements of negligence
Duty- defendant owed duty of care to plaintiff Breach of duty- defendant's conduct breached/violated that duty Causation- conduct caused plaintiff's harm Damages- plaintiff suffered actual injuries or losses
Money paid to plaintiff for injuries or losses suffered
damages
Public policy and common sense require that people accept responsibility for any harm caused when they conduct activities A. only when they were negligent B. only when they intentionally caused harm C. even if they were not negligent D. none of the above
C. even if they were not negligent
This is designed to release the person sponsoring the activity from liability if you are injured through his negligence
waiver
Harm caused by defective manufactured goods
Product liability
Are minors liable for torts they commit?
Yes, law compares minor's conduct with reasonable conduct for others of the same age, intelligence, and experience.
Strict liability applies to which of the following activities? A driving a car B. practicing medicine C. shoplifting D. dynamiting a bridge
D. dynamiting a bridge
Describe the various defenses to negligence suits
Contributory negligence- it is determined that plaintiff and defendant share fault for negligence tort. If proven, the plaintiff cannot recover damages Comparative negligence- finding that the plaintiff was partly at fault and does not deserve full compensation for their injuries Assumption of the risk- plaintiff is considered to have voluntarily accepted a known risk of danger
Define foreseeable harm
Injury a person could reasonably predict
Standard for harm caused by untamed animals
Strict liability
What is a waiver designed to do?
It is designed to release the person sponsoring the activity from liability if you are injured through his or her negligence
Divides losses based on the degree to which each person is at fault
Comparative negligence
Section 6
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Term for contract favored by law
Written contract
Requires that express warranties be labeled as full or limited
Magnuson-Moss Warranty Act
Attempt to limit the seller's responsibility for problems with products
disclaimer
Term for anyone who buys or uses a product or service
consumer
When evaluating a warranty, what should a consumer do? A. consider how long the warranty lasts B. consider what parts or problems are covered or excluded C. consider what the consumer gets under the warranty D. all of the above
D. all of the above
What does the Magnuson-Moss Warranty Act require?
It requires that all written warranties disclose all essential terms and conditions in a single document, be stated in simple and easy to read language, and be made available to the consumer before a sale
What is meant by the term warranty?
It is a promise or guarantee made by a seller about the quality or performance of goods for sale
Default judgment
Ruling against a party to lawsuit who fails to take a required action
Disclaimer
An attempt to limit the seller's responsibilities should anything go wrong with the product
Term for seller's opinion about a product he is trying to sell to you
puffing
Which of the following statements about contracts is true? A. for a contract to be valid, there must be an exchange of consideration B. anyone can enter into a contract C. oral contracts are not legally binding D. minors can be forced to honor their contracts
A. for a contract to be valid, there must be an exchange of consideration
Term for a sales technique in which a seller offers customers incentives by referring other potential customers to him
Referral sales
Basis for recovering damages from a manufacturer or seller because the product is dangerous
Strict liability
Sally promises to pay Sydney $20 to give her a copy of the history test that is to be given on the next day. Sydney gives Sally the test but sally refuses to pay the money. The contract between Sally and Sydney is A. unconscionable B. valid C. illegal D. fraudulent
C. illegal
What does the Fair Debt Collection Practices Act, 1978 protect consumers from?
It protects consumers from abusive and unfair collection practices by professional debt collectors
List the two commissions that help to protect consumers from telemarketers
FTC - Federal Trade Commission FCC - Federal Communications Commission
fraud
Dishonest statement made to cheat someone or induct him or her to agree to a contract
By law, a full warranty on piano covers A. that the defective piano will be fixed or replaced at no cost B. that the piano will be fixed within a reasonable time after the consumer complains C. the warranty applies to anyone who owns the piano during the period of the warranty not just the first purchaser D. all of the above
D. all of the above
Term for legally binding agreement
contract
Sellers statement that does not create a warranty
puffing
A minor a person under the age of legal majority, may A. not legally enter into contracts B. not legally enter into contracts unless there is a cosigned C. legally enter contracts D. none of the above
C. legally enter contracts
What is a collateral?
Money or property given as security in case a person is unable to repay a debt
John bought an MP3 player, which came with no express warranty. Had he taken the time to examine it before he bought it, he would have seen that there was a major dent in the casing. John has A. an implied warranty of fitness for a particular purpose B. an implied warranty of merchantability C. a full warranty D. no warranty
B. an implied warranty of merchantability
What type of contract is favored by the law and why?
The law favors written contracts because it is better to have a written copy. Otherwise it would be too difficult to prove that a party promised to do something
A type of implied warranty that may exist even if no express warranty is given by a seller is A. fitness for a particular purpose B. full warranty C. limited warranty D. none of the above
A. fitness for a particular purpose
Something of value that is exchanged in a contract from something else of value A. offer B. acceptance C consideration D. mutual agreement
C. consideration
Default
Failure to fulfill legal obligation such as making loan payments or appearing in court at special time
When a consumer orders food off the menu in a restaurant, the consumer is making a A. offer B. consideration C. acceptance D. none of these
A. offer
Term for when a seller may take back a customer's purchase if the customer is not making payments on the purchase
Repossession
Give a definition for credit and describe two types of credit
Purchasing goods with delayed payments Secured credit is when the consumer must put something up of value as protection in event that debt not repaid. Unsecured credit is extended in exchange for promise to repay in the future
Term for failure to fulfill a legal obligation
default
What type of contracts can minors be held responsible for?
Minors may be held to contracts that involve necessities, such as food, clothing, shelter, or medical aid. Minors can be required to pay for the reasonable value of such goods and services
Term for an attempt to limit the seller's responsibilities should anything go wrong with the purchased product
disclaimer
Act that requires creditors to give the consumer certain basic information about the cost of buying on credit
Truth in lending
Describe the three types of implied warranties
Warranty of merchantability- unwritten promise that item sold is at least average quality for that type of item Warranty of fitness for a particular purpose- when consumer tells seller before buying item that its needed for special purpose Warranty of title- seller's promise that they own the item being offered for sale
Describe the four types of costly credit arrangements
Loan sharking- lending money at often high illegal rates Balloon payments- financing agreement in which last payment is higher than the regularly payments Acceleration clause- provision in contract makes debt due immediately if payment not make on time or other condition not met Bill consolidation- form of credit in which lender combine's debts into one single month payment
What is the Truth in Lending Act required to do?
The Truth in Lending Act requires creditors to give you basic info about the cost of buying on credit
A person who promises to be responsible along with another person for that person's contract
cosigner
Term for the legally authorized process of taking a person's money, generally by taking part of the person's wages
garnishment
What does the Equal Credit Opportunity Act protect consumers against?
The Equal Credit Opportunity Act protects consumers against credit discrimination based on sex, marital status, color, race, religion, origin, age or source of income
Define the term puffing
Sales talk, exaggerated statement or advertisement of desirability or reliability of product or service
An excessively unfair contract
unconscionable
Sellers statement that does create a warranty
Express warranty
Describe the two types of guarantees
Express warranty- statement concerning quality or performance of goods offered for sale that becomes a part of the bargain between parties. Implied warranty- unwritten promise that product will do what its supposed to do (understood warranty)
Describe the various Creditor Collection Practices
Calls and letters- must call at a reasonable time, if unreasonable, report collection practice to Federal Trade Commission or local protection agency. They are notifying you about one of your debts. Repossession- creditor can repossess, take back, collateral if the borrower defaults on loan or obligation Court action- creditor may sue debtor in court for exact amount owed on debt Garnishment and attachment- garnishment is when creditor forced debtor's employer to withhold part of their wages to pay it directly to the creditor and attachment is when the creditor can posses property or money. People can no longer go to jail for not paying debts, except when failure to pay child support
The things of value which are exchanged in a contract
consideration
A person under the legal majority
minor
The phone company selling cell phones gave a demonstration of the new cell phones, which could be used to receive and send emails. After Leo bought the cell phone it would not receive or send emails. This is a violation of A. an express warranty B. an implied warranty c. the Magnuson-Moss Warranty Act D. none of the above
A. an express warranty
Term for the act of taking a debtor's property or money to satisfy a debt by court approval
Attachment
What does the Fair Credit Billing Act provide for?
The Fair Credit Billing Act provides you with a measure of protection if you encounter a billing problem
Section 7
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