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LGS 200 Exam 2 Study Guide

by: Jennifer Scheuer

LGS 200 Exam 2 Study Guide LGS200-002

Marketplace > University of Alabama - Tuscaloosa > LGS200-002 > LGS 200 Exam 2 Study Guide
Jennifer Scheuer

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Study Guide for Exam 2
Legal Studies
Ruth Ann Hall
Study Guide
Legal Studies
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This 6 page Study Guide was uploaded by Jennifer Scheuer on Sunday February 21, 2016. The Study Guide belongs to LGS200-002 at University of Alabama - Tuscaloosa taught by Ruth Ann Hall in Spring 2016. Since its upload, it has received 149 views.


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Date Created: 02/21/16
LGS 200 Exam 2 Study Guide Chapter 5- Business and the Constitution Commerce Clause: Congress regulates commerce with foreign nations, with several states, and with the Indian tribes. Due Process Clause: No person should be deprived of “Life, Liberty, or Property” without due process of law.  Substantive Due Process: laws must be clear and not overly broad. The laws get tested to see if a reasonable person can understand.  Procedural Due Process: government must give person proper notice and hearing before depriving someone of life, liberty, or property.  Equal Protection Clause: equal rights to all people. Prohibits discrimination and unfair action by government.  Strict Scrutiny Test: a form of judicial review that determines if a law furthers a compelling government issue. (Deals with race, origin, and citizenship)  Intermediate Scrutiny Test: used to determine a laws constitutionality. (Deals with gender and age cases and some first amendment questions)  Rational Basis Test: judicial review that must rationally relate to government interest. (No classifications or fundamental rights)  Bill of Rights: first ten amendments to the constitution, guarantees certain fundamental rights to natural persons.  Establishment Clause: limitation placed on U. S. Congress preventing them from passing laws that would elevate one religion over another.  Free Exercise Clause: congress cannot pass a law defining a religion or prohibiting the practice of any religion.  First Amendment: freedom of religion, expression, assembly, and the right to petition.  Types of Speech:  Fully Protected Speech: cannot be regulated or prohibited. Can be oral, written or symbolic.  Limited Protection Speech: speech limited by time, place, and manner restrictions.  Unprotected Speech: forbidden speech. (Dangerous speech, fighting words, child pornography, obscene speech)  Privileges and Immunities Clause: prevents states from treating citizens from other states in a discriminatory manner. Chapter 6- Torts and Strict Liability Torts:  Intentional (Assault/Battery)  Negligence (Most common tort)  Strict Liability (Liability without fault)  Product liability Negligence: failure to use reasonable care, resulting in damage or injury to another. Res Ipsa Loquitur: the occurrence of an accident implies negligence. Negligence per se: an act is considered negligent because it violates a statute. Defenses to negligence:  Contributory negligence: the plaintiff most likely would have avoided the injury had they not also been negligent.  Comparative Negligence: reduces the plaintiff’s recovery by the percentage in which the plaintiff is at fault.  Pure: awarded damages for which the defendant is responsible.  Modified: awarded damages if negligence is less than or equal to that of the defendants.  Slight-Gross: awarded damages if negligence is considered “slight” and defendants is “gross”.  Assumption of Risk: plaintiff assumes the risk involved in an obviously dangerous activity but proceeds to engage anyway. Reasonable person standard: a hypothetical person who exercises average care, skill and judgment in conduct, a standard example for determining liability. Defamation: the act of damaging the good reputation of someone. Damages:  Compensatory: compensate the injured party for the loss or injury.  Punitive: punish the wrongdoer. Palsgraf vs. Long Island Rail Road:  Facts: Palsgraf is injured by the effects of an exploding box of fire works while waiting at the railroad station. She files an injury suit and wins, the railroad appeals.  Issues: How is duty of due care determined?  Holding: duty that is owed is determined by the risk under foreseen conditions. A defendant owes a duty of care only to those in a reasonable foreseeable zone of danger. Product Liability: a defective product causes injury to a person. Defects:  Defect in Manufacture: a product is manufactured improperly, and tested improperly and fails a quality test.  Defect in Design: product is designed incorrectly.  Failure to warn: necessary warning labels are left off the product.  Defect in packaging: must provide tamper-proof packaging. Strict Liability: liability without fault, not necessary to prove breach of duty, the injured party must prove defectiveness. Liability of Manufacturers:  Negligence  Breach of warranty  Strict liability Premises Liability: an injury is caused by an unsafe or defective condition on someone’s property. Owner and Occupiers of Land: the rights of an owner or occupier of land against a person who is injured to recover for the owner or occupier’s negligence.  Artificial conditions:  Undiscovered trespasser: no duty owed.  Discovered trespasser: duty to warn/ makes safe non-obvious conditions.  Natural conditions:  Undiscovered trespasser: no duty owed.  Discovered trespasser: no duty owed.  Social Guest: duty to warn and make safe non-obvious conditions (Duty of reasonable care)  Business Invitee: duty to make reasonable inspections to discover non-obvious conditions and warn to make safe. Chapter 7-Criminal Law and Cybercrimes Classifications of Crimes:  Felony: jail sentence ranges from 1 year and 1 day-life or execution.  Misdemeanor: jail sentence up to 1 year. Mens Rea: used to describe the mental state a person must be in while committing a crime for it to be intentional. Kentucky vs. King:  Facts: officers where in pursuit of a suspect who sold cocaine to an undercover officers. They lost sight of him and assumed he went into an apartment smelling of marijuana; police burst into King and friends smoking marijuana and arrested him for possession. Court of appeals affirmed conviction and Supreme Court reversed it.  Issues: Do the exigent circumstances support the warrantless search?  Conclusion: exigent rule applies when police do not create the exigency by engaging or threatening to engage. Burden of Proof: plaintiff must prove defendant is liable for an injury. Probable Cause: substantial likelihood that a person has or is about to commit a crime. Double Jeopardy: a person cannot be tried multiple times for the same offence. Exceptions to Search Warrant:  Plain view doctrine: if illegal item is in plain view there is no warrant needed.  Exigent circumstances: if exigencies of situation make needs of law enforcement compelling no warrant is needed.  Consent: if property owner gives consent no warrant is needed.  Search incident to arrest: if illegal item is in arrestee’s person and or area within immediate control, no warrant is needed. The Exclusionary Rule: evidence collected in violation of the defendant’s constitutional rights is sometimes inadmissible for a criminal prosecution. Miranda Rule: law-enforcement officers must warn a person taken into custody that they have a right to remain silent and to an attorney. Fourth Amendment: protects against unreasonable search and seizure. Fifth Amendment: prevents a person from being witnesses against themselves in a criminal case. Sixth Amendment: right to trial by jury, a speedy trial, and a right to have representation. Eighth Amendment: prevents federal government from posing excessive bail and cruel and unusual punishment. Search of a motor vehicle:  Since car is moveable there may not be a need for a warrant.  When arrested an officer can search the passenger compartment but not the trunk.  If an officer has probable cause a warrantless search is justified.  Impounded vehicles can be searched. Consent searches: searches made by law enforcement based on the consent of the person whose property they wish to search. Riley vs. California/U.S. vs. Wurie:  Found guns in Riley’s car, searched phone and found gang activity.  Wurie made a drug deal and policed tracked her phone back to her apartment.  Phones cannot be searched by police only physical realities. Florida vs. Jardines:  Police suspected Jardines of growing marijuana, and brought a drug dog to the property.  The drug dog alerted to his house, so police got a warrant and found marijuana.  Conviction was overturned. Evidence was obtained illegally. Chapter 8-Intellectual Property Patent: A right to sue someone who makes or sells your invention.  17 years of protection.  Prevents competition of protected good.  Must be a new and unique idea being patented.  Must disclose details of production/operation/usefulness/and enable understanding of production. Copyright: protection against others making and selling copies of your product.  70 years after the death of the author.  Must create own original work to have one.  Protects against:  Reproduced work  Preparation of derivative work  Distribution of copies to the public (First sale)  Perform work in pubic  Display work publically  Exceptions:  Fair use doctrine: snippets of the work can be used if source is sited. Trademark: distinctive sign or symbol used by businesses to identify products to consumers.  Helps customers locate brands.  Prevents customer confusion.  Allows companies to reap benefits from recognition.  Trademark symbol can be used for unregistered trademark.  If a trademark becomes generic then trademark protection is belittled.


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