Flashcards in Law Test 2 Review Deck (72):
Where the jury determines fact and the judge determines law
What are the 3 types of defects?
Intended to stop the defendant from doing the same thing again
Occurs when fraud is committed against the user of the product
What 2 things does the trustee process entail?
Take out from defendants wages and salaries
Take out from defendants bank accounts
Designed to give Congress power over interstate commerce
In order what are the 5 things that happen in a trial?
Making sure the quality of all products is the same and up to standard
What are 2 examples of Strict Liability?
In a trial which side goes first?
Grand Jury is only used for what kind of cases?
What are the 2 types of compensatory damages?
Money awarded to plaintiff to compensate for damages
Plaintiff and defendant both have negligence
What 2 things can happen when the defendant does not pay damages?
Writ of execution
What are the 2 different appeals that can be filed during the Post Trial phase?
How old does a president have to be?
35 years old or older
When only one side can question a witness
What are 6 things a company can be liable for?
Design of Product
Assembly and testing
Not enough warnings
Final inspection and testing
Confinement or restraint on another without justification
How can the Dram Shop Acts be applied to a situation?
When a drunk driver gets into a car accident
What are the 7 types of Intentional Torts?
Infliction of Emotional Distress
Invasion of Privacy
What are the 2 tests for Design Defect?
Risk Utility Test
Consumer Expectation Test
What is the youngest age someone can be to be in the House of Representatives?
25 years old or older
Good Samaritan Acts
What 2 types of examinations are there when questioning a witness during a trial?
Public Policy for Product Liability
Consumers should be safe from the product and there should be warning for entire public
Tried without a jury and judge determines fact and law
Jury selection process where 6 jurors are selected
How old does a senator have to be?
30 years or older
Search and seizure
What are the 2 parts of a Post Trial?
Something that causes the plaintiffs injuries
What are the 2 different motions that can be filed during post trial?
What is an example of a warning defect?
Someone eating tide pods
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
What are the 6 types of Defenses?
Commonly Known Dangers
Statutes of Limitation
Statutes of Repose
Completion of assault and physically hurting someone
Powers not delegated to United States by the constitution, are reserved to the states
What is the term of a Senator?
What are the 4 damages available in Tort actions?
Dram Shop Acts
Serving intoxicated customers
A product is not made how it is suppose to be and this is why we have quality control
What are the 2 types of trials?
Product is defective based on not good enough warnings
Comes up with an opposing verdict after one has already been decided
When both the plaintiff and defendants attorney can question the witness
Connection between the act and the injury is strong enough to impose liability
Extends constitutional protections to the states and state governments
To make up for
Trial Jury is only used for what kind of cases?
Right to trial, no double jeopardy, no self incrimination and due process
What are the 2 types of jury?
No cruel and unusual punishment
Objects and pictures
What are the 2 types of defamation?
What are the 4 Elements of Tort Law?
Plaintiffs own actions caused the injuries
A product is made unreasonably dangerous
The threat to harm someone
What is an example of a design defect?
The car with the engine in the trunk
Right to a speedy trial
Duty of care
Reasonable person standard which is how a person should act
Freedom of speech, press, religion, assembly and petition
Need to have at least 4 justices that want to hear your case in order for it to be heard in the Supreme Court
What is an example of the Good Samaritan Act?
Car broken down on the side of the road and performing aid on it
Talking poorly about someone to ruin their good reputation
How long is the term of someone in the House of Representatives?
2 year term
Absolute legal responsibility for an injury that can happen without proof of negligence
The right to fair treatment through the judicial system