Definitions
Fixtures are:
Goods that become attached to real property
What are the parties in a criminal case called?
Prosecution and Defense
Name one of the three types of strict liability claims we discussed in class
Dog bites
Products liability
Ultrahazardous activities
Name the 7 elements of contract formation
Offer, Acceptance, Consideration, Legality, Capacity, Consent, Writing
When does a court have diversity jurisdiction?
When the case in controversy is between citizens of two different states and the amount in controversy is greater than $75,000.
Consideration is:
Bargained for exchange/measurable exchange
What is the burden of proof for most crimes?
Beyond a reasonable doubt
What are the elements of defamation?
A defamatory statement about the Plaintiff, falsity, communication of the statement to a third party, and injury.
Contracts made by minors are:
Voidable
The goal of utilitarian ethics is to:
A tort is:
The violation of a duty imposed by civil law
What is the exclusionary rule?
If the government acquires evidence illegally, they cannot use it to prosecute the crime.
Name the five intentional torts we discussed in class
BAD FIIT”
B: Battery
A:Assault
D: Defamation
F: False Imprisonment
I: Intentional Infliction of Emotional Distress
Intentional Torts
In bankruptcy, what prohibits creditors from attempting to collect a debt during the bankruptcy proceeding?
The automatic stay
Respondeat Superior is:
The theory that an employer is liable for torts negligently committed by an employee acting within the scope of their employment.
What are the elements of larceny?
The trespassory taking and carrying away of the personal property of another with the intent to steal it.
What are the elements of negligence?
Duty of care
Breach of the Duty
Actual Causation
Proximate Causation
Damages
When does the statute of frauds apply?
•M: Marriage
•Y: Year (Contracts that cannot be performed within one year)
•L: Land*
•E: Executor (contracts made by an executor to pay the debts of an estate)
•G: Guarantor (Promises to answer for the debt of another)
•S: Sales of goods exceeding $500
What are the three elements to make a valid gift?
Intention to transfer the property immediately, delivery to the donee, acceptance by the donee
A reversionary interest is:
Where the landlord or owner possess the right to the property after the leasehold ends
What are the six exceptions where the government does not need a warrant?
•E: Exigent Circumstances: If the police believe that evidence is about to be destroyed, or if the police are in “hot pursuit” of an individual, the police are permitted to search, seize or enter without a warrant.
•S: Search Incident to a Lawful Arrest: If an individual has been lawfully arrested for a crime, officers can search the individual without a warrant.
•C: Consent: If the individual consents to a search, no warrant is required.
•A: Automobile: If there is probable cause to believe there are illegal items in the vehicle, the police may search it without a warrant.
•P: Plain View: If evidence of a crime is in the plain view of an officer, there is no warrant required to search and seize the item.
•E: No reasonable Expectation of privacy: If you would not reasonably expect the location to be private, a warrant is not required to search it.
Name the special landowner duties of care from lowest to highest.
Trespassing Adults
Trespassing Children
Licensees
Invitees
In what type of situation does quasi-contract arise? (I.e. what is a quasi contract?
Where there were no promises between the parties, but one party gave the other a benefit, reasonably expected to be comepsnated for the benefit, and the breaching party would be unjustly enriched if he did not pay.
If an accountant/aditor issues a disclaimer opinion, what does that mean?
The auditor has insufficient information to form an opinion