Criminal Law/Misc
Written or published false statements
Libel
What is a civil wrong that causes harm or loss, leading to legal liability?
Tort
True or false: When the rights to a contract are assigned, the original party is still liable for fulfilling the contract unless released.
True
What did Miranda v Arizona establish?
Miranda Rights
What refers to carelessness leading to harm?
Negligence
Who brings the case in a criminal trial?
Government
What refers to deliberate actions to cause harm?
Intentional Torts
The transfer of rights or benefits under a contract to a third party.
Assignment
Why did palsgraf lose her case in palsgraf v long island railroad?
The event was not reasonably forseeable
What term refers to when the plaintiff knew the risk and took it willingly?
Assumption of Risk
What are the most serious offenses, punishable by more than a year in prison?
Felony
What term refers to when the plaintiff’s own negligence contributed to their harm?
Contributory Negligence
When the original purpose of the contract is no longer valid due to unforeseen circumstances.
Frustration of Purpose
In the case of Liebeck v. McDonald’s, the jury awarded Liebeck $200,000 in compensatory damages, which were then reduced to $160,000 due to…..
Comparative Negligence
What is money awarded to a plaintiff to compensate for actual losses, meant to restore what was lost?
Compensatory Damages
What is the burden of proof in a criminal law case?
Beyond a reasonable doubt
In which situation do both parties share fault, and the plaintiff’s damages are reduced by their share of blame?
Comparative Negligence
A clause that requires a party to fulfill their obligations, no matter the circumstances.
Hell or Highwater Clause
Grimshaw v Ford Motor Company established _______ damages for strict liability cases.
Puntitive
What type of damages is awarded to a plaintiff not to compensate for losses but to punish the defendant for reckless behavior?
Punitive damages
Using a weapon, repeat offenses, or causing serious bodily injury are all examples of ___________ factors that will increase the severity of a crime
Aggravating
What are the four elements of a tort?
Duty of care, Breach of duty, Causation, Damages
What are the 5 essential elements of a contract?
Offer, Acceptance, Consideration, Capacity, Legality
In Katko v. Briney, the Brineys set a spring-loaded shotgun in their empty farmhouse. Katko broke in and was seriously injured. He sued for battery. Why did Katko win the case?
The property was unoccupied
Why is it harder for public figures to sue for defamation?
The must show actual malice