Criminal Law
What type of punishment is prohibited by the 8th Amendment to the US Constitution?
Cruel and Unusual Punishments
What are the 2 types of defamation we discussed in class?
Libel & Slander
We discussed the IRAC method of case analysis. Name 2 of the 4 elements that are represented by the acronym IRAC
Issue - Rule - Application - Conclusion
Which theory of damage recovery in a negligence case holds that a Plaintiff that contributes even slightly to their own injury recovers nothing:
Comparative Negligence
Contributory Negligence
Contributory Negligence
Name an activity that would be considered ultrahazardous.
Controlled Burning of Fields or Buildings
Blasting or Demolition Operations
Others?
What is the intent element of larceny
Intent to Steal
Name 1 defense to a defamatory statement
Truth
Opinion
Lack of Injury
Lack of Communication
Has Oklahoma passed Tort Reform Laws?
No, except in areas relating to the state (Government Tort Claims Act)
What theory of recovery in a negligence claim ALLOWS a plaintiff to recover even if they are partially at fault for their injury, so long as they are less than 50% at fault:
Comparative negligence
Name one mechanism for managing risk of of ultrahazardous activities.
Waivers
Insurance, Price
Education/Warning/Informed Decision Opportunity
Fraud is defined as deception for the purpose of obtaining either of 2 things. Name one of them
Money or Property
What is the intentional retraint of another without reasonable cuase and without consent?
False Imprisonment
Why are punitive damages imposed sometimes imposed in civil cases?
Reprehensibility of the Defendant's conduct.
To effect the desired ratio between the harm suffered to the actual damages award.
Difference between the punitive award and any civil penalties in similar cases.
To deter similar actions, ie. to prevent big businesses from profiting from misconduct. (Deterrant)
Name the theory that can be asserted as a defense to a claim of negligence that applies when a person engages in an inherently dangerous activity.
Assumption of the Risk
What theory of products liability allows a consumer to recover if their misuse of a product was foreseeable?
Failure to Warn
Define Assault
Define Battery
Assault - Fear of imminent threat of bodily harm (battery)
Battery - Harmful or offensive or unwanted bodily contact
Provide an example of battery by instrumentation
Describe the single recovery principle as it pertains to compensatory damages in a civil case.
You can only recover once for a claim, so damages must include past, present, and future injuries or expenses.
In a claim for negligence, the defendant's actions will be compared to what type of person to determine if they exercised (or breached) their "duty of due care"
A reasonably prudent person under the same or similar circumstances.
Can a consumer only recover if they did not misuse a seller's product?
No! Foreseeable misuse may also be considered in products liability cases.
What does the Foreign Corrupt Practices Act prohibit?
Bribing of foreign officials
What type of damages are imposed in a civil case to "teach the defendant a lesson"?
Punitive Damages
What is Tort Reform
Statutory limits on damages awards in civil cases.
Name the 5 elements that must be proven to prevail in a claim of negligence:
1-Duty of Due Care
2-Breach of the Duty of Care
3-Factual Cause
4-Proximate Cause
5-Damages
Describe the requirement of "Factual Cause" as an element in pleading a case of negligence.
Defendant's breach of duty must have caused actual harm or injury to the plaintiff. Threat of harm, potential harm, or near miss theory is not enough.