TORTS
Employer will be liable for tort acts committed by employee if the tort occurs within the scope of the employment.
Respondeat Superior or Vicarious Liability
Impeachment thought his method is allowed to show that a witness has interest in the outcome of the case or has a motive to lie.
Bias
Unlawful confinement of a person without their consent.
False imprisonment
This legal remedy is generally not recoverable in contract cases.
Punitive damages
This rule will prevents an individual from challenging a court order or permit unless they challenge it before disobeying it.
Collateral bar
In a defamation action involving a private person and a public matter, court's apply this standard.
negligence or Gertz standard
A person’s regular response to a specific set of circumstances may be admissible to show that the person acted in conformity with a similar response on the occasion in question.
A person who aids another to escape knowing that he has committed a felony.
Accessory after the fact
A remedy where the defendant has obtained a benefit which amounts to unjust enrichment.
Restitution
A law that regulates significant amount of speech may be unconstitutional.
Overbreadth
Written or printed publication of defamatory language
Libel
An expert may give not give an opinion on a criminal defendant's mental state when it is in issue.
Ultimate issue
Where a defendant takes personal property with no intent to steal at the time but formulates intent after.
Larceny by continuing trespass
An equitable remedy where there is irreparable harm waiting for a permanent injunction.
Preliminary injunction (or TRO)
Where government request an association disclose its members, the government must meet this standard.
Strict scrutiny
The use of plaintiff's name by the defendant for commercial advantage
Commercial Appropriation
A criminal defendant that may introduce evidence his good character though these methods.
opinion or reputation
Obtaining title to personal property of another with intent to defraud or permanently deprive.
False pretense.
An equitable remedy where the original contract is voided.
Rescission
This is used by Courts to determine whether a non-discriminatory law is violative of the Establishment Clause.
Establishment clause
Contributory negligence.
Note: Comparative negligence may be a defense.
Evidence of liability insurance is inadmissible unless to show this.
Ownership or control, when ownership or control is disputed, (OR, to impeach W).
To establish an attempt crime, the following must be met.
Specific intent and substantial step in the direction of committing the crime
In order to be entitled to specific performance, a plaintiff must meet these requirements.
(1) Valid K; (2) Conditions met; (3) inadequate remedy at law; (4) mutuality of remedy is no necessary; (5) feasibility of enforcement; and (6) overcome defense.
Government may regulate in this forum if the regulation is neutral and rationally related to a legitimate government interest.