CHP~6
What is the primary purpose of tort law?
WHAT IS:
To provide a remedy (damages) for injury to a protected interest
What is the primary purpose of a trademark?
what is Trademarks distinguish goods and help avoid consumer confusion.
Which U.S. Supreme Court case established the principle of Judicial Review?
What is;
Marbury v. Madison
Which of the following is not one of the required elements of negligence?
what is; Intent to cause harm
Negligence does not require intent; the required elements are duty of care, breach, causation, and damages.
Which school of jurisprudential thought is based on universal moral principles discoverable through human reason?
what is; natural law school
For an act to be considered an intentional tort, what must be true of the tortfeasor?
WHAT IS;
They intended the consequences of the act or knew with substantial certainty the result would occur
Which U.S. law provides statutory protection for trademarks?
what is The Lanham Trademark Act creates protections and incentives for companies.
What does “jurisdiction” refer to in a legal context?
what is;
A court’s power to hear a dispute and speak the law
What standard do courts use to evaluate whether a duty of care exists?
what is;
Reasonable person standard
According to the Positivist School, what is the nature of law?
what is; law is the supreme will of the state
Which of the following best defines battery?
The harmful or offensive physical contact that completes an assault
How long does a copyright last for an individual author?
what is Copyright lasts for life of the author + 70 years.
Which type of jurisdiction gives a court power over property located within its borders?
what is; IN REM
Which type of damages are designed to punish the tortfeasor rather than compensate the plaintiff?
Punitive damages
Punitive damages punish and deter wrongful conduct.
the historical school of law emphasizes which of the following
what is; the evolutionary development and tradition
What is required for a statement to qualify as defamation?
WHAT IS;
The statement must be communicated to a third party
What is required for an invention to be patentable?
what is; Patents require novelty, usefulness, and non‑obviousness.
What is required for a party to have “standing” to sue?
WHAT IS;
The party must have suffered a legal injury
Under comparative negligence, when is a plaintiff barred from recovering damages?
When the plaintiff is more than 50% liable
legal realism asserts that the law is a product of:
When is proof of damages not required in slander cases?
WHAT IS:
In cases involving slander per se
What is a trade secret?
Trade secrets include confidential business information such as formulas, plans, and customer lists.
Which ADR method involves a neutral third party who helps parties find common ground but does NOT impose a binding decision?
WHAT IS; MEDIATION
Which of the following activities would most likely result in strict liability?
Conducting abnormally dangerous activities
what is the purpose of stare decisis?
what is stability, predictability, and efficiency