Torts?
The federal law that protects work created by someone and prevents others from using that work without the owner's permission
What is Copyright Law?
The burden of proof in a criminal case.
What is proof beyond a reasonable doubt?
What is vicarious liability?
Vicarious liability is holding another person or entity liable for someone else's tort without showing fault.
This defense against negligent (but not intentional) torts means that the potential plaintiff did something, whether reckless or intentional, that partially caused the harm to them.
What is 'contributory negligence?'
This intentional tort punishes the threat of bodily harm without the necessity of physical contact - but the plaintiff is physically harmed in some way.
What is assault?
The amount of time a work is protected under coypyright.
What is the life of the author plus 70 years?
Two elements needed to occur simultaneously to be convicted of a crime
What are mens rea and actus rea?
What is a design defect and the elements?
A design defect is when all product are made identical, but injury due to poor design.
Two elements must be met under a design defects claim, 1) product was defective and unreasonably dangerous, and 2) the defect was the factual and proximate cause of Plaintiff’s injury.
What is assumption of the risk?
What is the plaintiff knew and understood the risk and voluntary encountered it.
The 4 requirements for 'intentional infliction of emotional distress?'
(1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress
The amount of time a trademark lasts for.
What is Indefinitely, as long as it is renewed every 10 years?
The wrongful taking and carrying away and permanently to deprive the owner of the property
What is larceny?
What is a failure to warn and the elements?
A failure to warn claim is failure to provide appropriate information about a product that may make an otherwise safe product dangerous and defective.
Three elements must be met under a failure to warn claim 1) the product’s foreseeable risk would have been reduced with reasonable warning, 2) designed for potential users of that trade not normal people, 3) factual and proximate cause of harm.
'Volenti non fit injuria' or 'No wrong is done to one who consents' relates to this tort defense.
What is 'assumption of risk?'
1) Duty, 2) Breach; 3) _______; 4) __________: this would fill in the blank in the 3rd and 4th spot.
What is proximate cause and injury?
Four things that are protected by copyright law
What are literary works, artistic works, films, dramatic works, TV and radio broadcasts, sound recordings etc?
The Exclusionary Rule eliminates evidence from being admitted to a criminal trial as it violates these 3 Constitutional Amendments.
What is the 4th, 5th, and 6th?
The elements of Reasonable Alternative Design
The elements required for a reasonable alternative design are 1) there was a safer design alternative, 2) safer alternative would've prevented or signifacntly reduced risk of injury without impairing products's utility, and 3) safer alternative was both technologically and economically feasible when product left control of manufacturer.
The six factor test, and the elements if act is abnormally dangerous
1. High degree of foreseeable risk
2. Likelihood that harm will be great
3. Inability to eliminate risk w/reasonable care
4. Extent to which activity is not common usage
5. Inappropriateness of activity to place where carried on
6. Extent to which value is outweighed by danger
P must prove (1) the activity was abnormally dangerous, (2) D engaged in the activity, (3) the activity was a factual and proximate cause of harm, and (4) P suffered harm.
A type of defense to negligence that assigns percentages of blame to each party.
What is comparitive negligence?
A term for uses of content that is considered valid defenses to copyright infringement, such as for criticism or educational purposes
What is Fair Use Policy?
The 5 broad catetories of criminal acts
What is violent crime, property crime, public order crime, white-collar crime, and organized crime?
The 3 broad categories of strict liability.
What are strict liability, vicarious liability, and product liability.?
This is the technical term for the defense used by persons, such as police officers, who are allowed by law and public policy, to commit some actions that would otherwise be considered torts.
What is privilege?