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jeremy harmon > Law Test 2 Review > Flashcards

Law Test 2 Review Flashcards

1
Q

Jury Trial

A

Where the jury determines fact and the judge determines law

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2
Q

What are the 3 types of defects?

A

Manufacturing Defect
Design Defect
Warning Defect

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3
Q

Punitive Damages

A

Intended to stop the defendant from doing the same thing again

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4
Q

Misrepresentation

A

Occurs when fraud is committed against the user of the product

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5
Q

What 2 things does the trustee process entail?

A

Take out from defendants wages and salaries

Take out from defendants bank accounts

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6
Q

Commerce Clause

A

Designed to give Congress power over interstate commerce

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7
Q

Libel

A

Written

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8
Q

In order what are the 5 things that happen in a trial?

A 
Opening Statement 
Witnesses
Exhibits
Demonstrations
Closing Statements
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9
Q

Quality Control

A

Making sure the quality of all products is the same and up to standard

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10
Q

What are 2 examples of Strict Liability?

A

Airplanes

Storing Explosives

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11
Q

In a trial which side goes first?

A

Plaintiff first

Defendant second

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12
Q

Grand Jury is only used for what kind of cases?

A

Criminal cases

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13
Q

What are the 2 types of compensatory damages?

A

Special

General

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14
Q

Compensatory

A

Money awarded to plaintiff to compensate for damages

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15
Q

Comparative Negligence

A

Plaintiff and defendant both have negligence

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16
Q

What 2 things can happen when the defendant does not pay damages?

A

Writ of execution

Trustee Process

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17
Q

What are the 2 different appeals that can be filed during the Post Trial phase?

A

Judges ruling

Judges Verdict

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18
Q

How old does a president have to be?

A

35 years old or older

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19
Q

Direct Examination

A

When only one side can question a witness

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20
Q

What are 6 things a company can be liable for?

A 
Design of Product
Materials used 
Production process
Assembly and testing
Not enough warnings
Final inspection and testing
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21
Q

False Imprisonment

A

Confinement or restraint on another without justification

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22
Q

How can the Dram Shop Acts be applied to a situation?

A

When a drunk driver gets into a car accident

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23
Q

What are the 7 types of Intentional Torts?

A 
Assault 
Battery
Infliction of Emotional Distress
Defamation 
False Imprisonment 
Invasion of Privacy
Fraud
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24
Q

What are the 2 tests for Design Defect?

A

Risk Utility Test

Consumer Expectation Test

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25
Q

What is the youngest age someone can be to be in the House of Representatives?

A

25 years old or older

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26
Q

Good Samaritan Acts

A

Performing aid

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27
Q

What 2 types of examinations are there when questioning a witness during a trial?

A

Direct Examination

Cross Examination

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28
Q

Public Policy for Product Liability

A

Consumers should be safe from the product and there should be warning for entire public

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29
Q

Bench Trials

A

Tried without a jury and judge determines fact and law

30
Q

Voir Dire

A

Jury selection process where 6 jurors are selected

31
Q

How old does a senator have to be?

A

30 years or older

32
Q

Amendment 4

A

Search and seizure

33
Q

What are the 2 parts of a Post Trial?

A

Motions

Appeals

34
Q

Causation

A

Something that causes the plaintiffs injuries

35
Q

What are the 2 different motions that can be filed during post trial?

A

New Trial

Mistrial

36
Q

What is an example of a warning defect?

A

Someone eating tide pods

37
Q

After the plaintiff and defendant give their sides of the case, what 3 things happens next?

A

Jury meets and discusses
Comes up with a verdict
Sometimes there is a post verdict

38
Q

What are the 6 types of Defenses?

A 
Product Misuse
Comparative Negligence 
Commonly Known Dangers
Knowledgeable User
Statutes of Limitation
Statutes of Repose
39
Q

Battery

A

Completion of assault and physically hurting someone

40
Q

Amendment 10

A

Powers not delegated to United States by the constitution, are reserved to the states

41
Q

What is the term of a Senator?

A

6 years

42
Q

What are the 4 damages available in Tort actions?

A

Compensatory
Special
General
Punitive

43
Q

Dram Shop Acts

A

Serving intoxicated customers

44
Q

Manufacturing Defect

A

A product is not made how it is suppose to be and this is why we have quality control

45
Q

What are the 2 types of trials?

A

Bench Trial

Jury Trial

46
Q

Warning Defect

A

Product is defective based on not good enough warnings

47
Q

Post Verdict

A

Comes up with an opposing verdict after one has already been decided

48
Q

Cross Examination

A

When both the plaintiff and defendants attorney can question the witness

49
Q

Proximate Cause

A

Connection between the act and the injury is strong enough to impose liability

50
Q

Amendment 14

A

Extends constitutional protections to the states and state governments

51
Q

To Compensate

A

To make up for

52
Q

Trial Jury is only used for what kind of cases?

A

Civil Cases

53
Q

Amendment 5

A

Right to trial, no double jeopardy, no self incrimination and due process

54
Q

What are the 2 types of jury?

A

Grand Jury

Trial Jury

55
Q

Amendment 8

A

No cruel and unusual punishment

56
Q

Exhibits

A

Objects and pictures

57
Q

What are the 2 types of defamation?

A

Slander

Libel

58
Q

What are the 4 Elements of Tort Law?

A

Duty
Breach
Injury
Damages

59
Q

Contributory Negligence

A

Plaintiffs own actions caused the injuries

60
Q

Design Defect

A

A product is made unreasonably dangerous

61
Q

Assault

A

The threat to harm someone

62
Q

What is an example of a design defect?

A

The car with the engine in the trunk

63
Q

Amendment 6

A

Right to a speedy trial

64
Q

Duty of care

A

Reasonable person standard which is how a person should act

65
Q

Amendment 1

A

Freedom of speech, press, religion, assembly and petition

66
Q

Certiorari

A

Need to have at least 4 justices that want to hear your case in order for it to be heard in the Supreme Court

67
Q

What is an example of the Good Samaritan Act?

A

Car broken down on the side of the road and performing aid on it

68
Q

Defamation

A

Talking poorly about someone to ruin their good reputation

69
Q

How long is the term of someone in the House of Representatives?

A

2 year term

70
Q

Strict Liability

A

Absolute legal responsibility for an injury that can happen without proof of negligence

71
Q

Due Process

A

The right to fair treatment through the judicial system

72
Q

Slander

A

Oral or spoken

jeremy harmon (108 decks)

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