BLA Unit 1

Question 1

Common Law

Answer 1

courts will make decisions for cases based on past cases, stare decisis, precedent

Question 2

First amendment & business

Answer 2

freedom of press, religion, speech, religion.

Question 3

Health, safety, welfare

Answer 3

courts will always try to uphold health, safety, and welfare of citizens

Question 4

Classy cycles case

Answer 4

scooter company shut down bc people being reckless w them. the real problem is the drinking/ partying not the company

Question 5

Commerce clause

Answer 5

part of constitution, gives congress power to regulate commerce w other nations

Question 6

Role of each section of govt

Answer 6

legislative: congress, make laws
executive: president, enforce laws
judicial: Supreme Court, interpret laws

Question 7

How laws are made

Answer 7

congress introduces bill, house of rep and senate votes on it, president can sign, congress can approve or veto w 2/3 vote

Question 8

remedy

Answer 8

court addressing a wrong

Question 9

equitable remedies

Answer 9

actions taken by courts when monetary damages are insufficient to case

Question 10

tort law

Answer 10

relates to harm to bodies/ property

Question 11

intentional torts

Answer 11

assault, battery, false imprisonment, defamation

Question 12

unintentional torts

Answer 12

negligence, failed duty of care

Question 13

mediation

Answer 13

neutral 3rd party helps the parties come to agreement

Question 14

arbitration

Answer 14

3rd party reviews facts and comes up with resolution

Question 15

assault vs battery vs defamation

Answer 15

assault: threat of harm
battery: actual, physical harm
defamation: false statements that harm someones reputation

Question 16

4 elements of negligence claim

Answer 16

1. duty of care owed to them
2. breach of duty
3. causation
4. damages

Question 17

proximate cause

Answer 17

whether something is sufficiently the cause of an injury/ harmful result

Question 18

palsgraf case

Answer 18

worked for train, unexpected explosion caused harm to palsgraf, initially company was found to be negligent, reversed by court of appeals because this was not a foreseeable risk

Question 19

defenses to negligence

Answer 19

argument that defendants actions should not be considered negligent

Question 19

Taylor vs Seattle case

Answer 19

Woman at baseball game sued for getting hit with ball, she lost bc of assumption of the risk

Question 20

punitive vs monetary damages

Answer 20

punitive damages: not money, used to punish defendant
monetary damages: monetary payment