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LGS 200 Exam 2 Study Guide w/ descriptions

by: Maria Caprio

LGS 200 Exam 2 Study Guide w/ descriptions LGS 200-011

Marketplace > University of Alabama - Tuscaloosa > Law and Legal Studies > LGS 200-011 > LGS 200 Exam 2 Study Guide w descriptions
Maria Caprio

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About this Document

Dr. Hall's class- Exam 2 Study Guide
Legal Studies
Dr. Ruth Ann Hall
Class Notes
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This 4 page Class Notes was uploaded by Maria Caprio on Sunday March 6, 2016. The Class Notes belongs to LGS 200-011 at University of Alabama - Tuscaloosa taught by Dr. Ruth Ann Hall in Winter 2016. Since its upload, it has received 32 views. For similar materials see Legal Studies in Law and Legal Studies at University of Alabama - Tuscaloosa.


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Date Created: 03/06/16
LGS200 Exam 2 -Study Guide Ch. 5 – Business and the Constitution Commerce Clause congress can regulate interstate commerce between foreign nations and Indian tribes; states regulate that which is in its own borders Due Process Clause you have the right to “fair procedures”; life, liberty, or property without unfair imprisonment; procedural – notice and fair hearing substantive – clear language of the law and allows everyone to understand Equal Protection Clause everyone is equal to protection of the same laws regardless of race, religion, state, etc.; strict scrutiny – race is involved (affirmative action passes) intermediate scrutiny – gender is involved (military draft) rational basis – easiest to overcome (anything reasonable) Amendments / Bill of Rights fully protected – right to criticize the president, opinion, burn the flag Semi protected – (regulated speech) commercial and advertising (false advertising could be unprotected) No protection – dangerous, fighting words, promotes overthrow of government, defamation (false statement), obscenity, child porn Establishment Clause congress can’t pass legislation regarding the establishment of religion Free Exercise Clause congress can’t interfere with the free exercise of religion First Amendment religion, speech, press, petition, assembly Types of speech ^^^^ Privileges and Immunities Clause prevents states from treating people from other states differently Ch. 6 – Torts and Strict Liability Torts an act that hurts someone; intentional, negligence, strict liability, and product liability Negligence failure to take proper care in doing something; fault for something Res Ipsa loquitur the notion that the occurrence of an accident implies negligence; speaks for itself Negligence per se says an act is negligent because it violates a statute (scissors in a body cavity); someone trips on your sidewalk Defenses to negligence contributory negligence; comparative negligence (hot coffee); assumption of risk Assumption of the risk defense in law of torts; plaintiff voluntarily and knowingly assumed risks; bungee jumping, parasailing, skydiving, etc. Contributory negligence / comparative neg. the plaintiff contributed to the accident Reasonable person std. fictitious person from whom the “reasonable person” standard is derived; you must act as a reasonable person in your occupation Defamation the act of worsening the the good name or reputation of someone; slander (spoken) / libel (written) Damages / types of compensatory (pain, lost wages, expenses); putative (to punish the offender) (to punish and deter) Palsgraf v. Long Island RR 1928; proximate causation; initiating a chain of events that leads to torts; injured woman did not win Product liability products hurt people (defective product, design, inadequate warnings or testing, defective packaging, etc. Negligent – mechanic leaves out a bolt on a motorcycle and buyer gets hurt Strict – product is unreasonably dangerous (they’re ALL dangerous {Ford Pinto}) Types of defects Strict liability product liability / negligence Liability of manufacturers Premises liability duty of landowners to keep those on their land safe according to their status Trespasser – known or unknown (anticipated); no duty to unknown trespasser; old well kills an anticipated trespasser (they left trails and tire marks) Licensee – someone who has permission to be on property (duty to warn them of dangerous conditions) Business invitee – when we go into any store (grocery store) Owners and occupiers of land / duty of Ch. 7 – Criminal Law and Cybercrimes Crimes / range of punishments midemeaonr (up to one year) felony (year plus) Mens rea evil intent to commit a crime and / evil act must be proven (can’t be guilty of planning) Kentucky v. King (fourth amendment – police kick down door because they think someone is destroying evidence Burden of proof guilt beyond reasonable doubt Probable cause reasonable belief that a crime has been committed or will be committed Double jeopardy can’t be charged twice for same crime (mistrial – jury was not unanimous – someone decided you were not guilty) Exceptions to search warrant consent, plain view doctrine, incident to arrest (pat down, wingspan) exident circumstances (hot pursuit, destroying evidence) The Exclusionary Rule illegal search – nothing found can be used against defendant Miranda Rule you have your Miranda rights and must know them 4th Amendment protection/ search and seizure illegal search 5th Amendment due process of law, double jeopardy, self incrimination 6th Amendment trial by jury, speedy trial, public trials, right to confront witnesses, right to counsel 8th Amendment excessive bail/fines, cruel and unusual punishment Search of an automobile / when and how much it’s movable; must have wheels and engine Consent searches must have capacity to give consent (their house and minimum age) Riley v. California and Wurie v. U.S (2014)(cell phone search cases) were arrested and went through phones and found evidence of other crimes and were charged with them; Supreme Court said you can’t search a phone (too invasive, too much info) (details of life in cell phone) (must have a search warrant to search phone) Florida v. Jardines (2013) trained drug sniffing dog; take their dog on a walk past his house and it alerts the cops; they go get a search warrant; it was an illegal search; if law enforcement uses a device something we don’t have it’s a search (dogs or thermal – kyllo) Ch. 8 – Intellectual property Patent exclusive rights over an invention-- arrange/obtain such rights-- 17 years from application Copyright exclusive right granted by federal govt allowing owner to reproduce artistic/published work-- life of author plus 70 years Trademark brand that has exclusive legal protection for both brand name and design-- for however long the company is in existence How long are they good for, what do they protect?


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