Torts
Making unwelcome contact with another.
What is battery?
The situation that may create a duty to rescue.
What are special relationships?
A legal claim that requires a manufacturer to use due care in production.
What is product liability based on negligence?
A distinctive symbol, name, or words that identifies the goods of a business.
What is a trademark?
Establishes U.S. Constitution/federal laws are supreme law of the land.
What is the Supremacy Clause?
Unauthorized commercial use of a person’s name, image, or identity.
What is misappropriation of right of publicity?
Landowners liable when child injured by dangerous conditions on property.
What is an attractive nuisance?
A legal claim making a party responsible for reasons other than fault.
What is strict liability?
The length of time that an patent can be protected.
What is 20 years (or 15 years for design)?
First 10 amendments of the US Constitution.
What is the Bill of Rights?
Bringing a lawsuit without probable cause and with malice.
What is malicious prosecution?
Law resulting in no liability for a person helping another in distress.
What is a Good Samaritan statute?
When the making of a product departs from its intended design.
What is a manufacturing defect?
The two exceptions to copyright protection.
What are the fair use and first sale doctrines?
Two types of Constitutional protection for religion.
What are the establishment clause and the free exercise clause?
Two types of compensatory damages.
What are special damages (medical costs, lost wages) and general damages (pain and suffering)?
Later act contributes to injury but does not eliminate original actor's liability.
What is an intervening cause?
When foreseeable risks could have been reduced or avoided by reasonable instructions on the product.
What is failure to warn?
The requirement to protect trade secrets.
What is take sufficient steps to keep the information confidential?
Three tests for legal claims under the Equal Protection Clause.
What are the strict scrutiny, intermediate, and rational basis tests?
Unwanted intrusion into a person's private affairs.
What is invasion of privacy?
Two requirements for assumption of risk defense.
What are knowledge of risk and voluntary acceptance of risk?
A defense when a reasonable consumer should know potential risk of product.
What is generally known danger?
Legal protection for functionality of an item.
What is a utility patent?
Requires government give proper notice and hearing before being deprived of life, liberty, or property.
What is Procedural Due Process?