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Flashcards in Law Test 2 Review Deck (72):
1

Jury Trial

Where the jury determines fact and the judge determines law

2

What are the 3 types of defects?

Manufacturing Defect
Design Defect
Warning Defect

3

Punitive Damages

Intended to stop the defendant from doing the same thing again

4

Misrepresentation

Occurs when fraud is committed against the user of the product

5

What 2 things does the trustee process entail?

Take out from defendants wages and salaries
Take out from defendants bank accounts

6

Commerce Clause

Designed to give Congress power over interstate commerce

7

Libel

Written

8

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

Opening Statement
Witnesses
Exhibits
Demonstrations
Closing Statements

9

Quality Control

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

10

What are 2 examples of Strict Liability?

Airplanes
Storing Explosives

11

In a trial which side goes first?

Plaintiff first
Defendant second

12

Grand Jury is only used for what kind of cases?

Criminal cases

13

What are the 2 types of compensatory damages?

Special
General

14

Compensatory

Money awarded to plaintiff to compensate for damages

15

Comparative Negligence

Plaintiff and defendant both have negligence

16

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

Writ of execution
Trustee Process

17

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

Judges ruling
Judges Verdict

18

How old does a president have to be?

35 years old or older

19

Direct Examination

When only one side can question a witness

20

What are 6 things a company can be liable for?

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

21

False Imprisonment

Confinement or restraint on another without justification

22

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

When a drunk driver gets into a car accident

23

What are the 7 types of Intentional Torts?

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

24

What are the 2 tests for Design Defect?

Risk Utility Test
Consumer Expectation Test

25

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

25 years old or older

26

Good Samaritan Acts

Performing aid

27

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

Direct Examination
Cross Examination

28

Public Policy for Product Liability

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

29

Bench Trials

Tried without a jury and judge determines fact and law

30

Voir Dire

Jury selection process where 6 jurors are selected

31

How old does a senator have to be?

30 years or older

32

Amendment 4

Search and seizure

33

What are the 2 parts of a Post Trial?

Motions
Appeals

34

Causation

Something that causes the plaintiffs injuries

35

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

New Trial
Mistrial

36

What is an example of a warning defect?

Someone eating tide pods

37

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

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

38

What are the 6 types of Defenses?

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

39

Battery

Completion of assault and physically hurting someone

40

Amendment 10

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

41

What is the term of a Senator?

6 years

42

What are the 4 damages available in Tort actions?

Compensatory
Special
General
Punitive

43

Dram Shop Acts

Serving intoxicated customers

44

Manufacturing Defect

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

45

What are the 2 types of trials?

Bench Trial
Jury Trial

46

Warning Defect

Product is defective based on not good enough warnings

47

Post Verdict

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

48

Cross Examination

When both the plaintiff and defendants attorney can question the witness

49

Proximate Cause

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

50

Amendment 14

Extends constitutional protections to the states and state governments

51

To Compensate

To make up for

52

Trial Jury is only used for what kind of cases?

Civil Cases

53

Amendment 5

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

54

What are the 2 types of jury?

Grand Jury
Trial Jury

55

Amendment 8

No cruel and unusual punishment

56

Exhibits

Objects and pictures

57

What are the 2 types of defamation?

Slander
Libel

58

What are the 4 Elements of Tort Law?

Duty
Breach
Injury
Damages

59

Contributory Negligence

Plaintiffs own actions caused the injuries

60

Design Defect

A product is made unreasonably dangerous

61

Assault

The threat to harm someone

62

What is an example of a design defect?

The car with the engine in the trunk

63

Amendment 6

Right to a speedy trial

64

Duty of care

Reasonable person standard which is how a person should act

65

Amendment 1

Freedom of speech, press, religion, assembly and petition

66

Certiorari

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

What is an example of the Good Samaritan Act?

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

68

Defamation

Talking poorly about someone to ruin their good reputation

69

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

2 year term

70

Strict Liability

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

71

Due Process

The right to fair treatment through the judicial system

72

Slander

Oral or spoken

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