LGS 200 Exam 2 Study Guide
LGS 200 Exam 2 Study Guide LGS200-002
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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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