Unintentional Torts
What are the 4 elements of Negligence
Duty of Care
Breach of Duty
Causation
Damages
2.86 million dollars
What are the remedies for a patent infringement?
An injunction against the infringer
Damages for royalties and lost profits
Reimbursement of attorneys fees and costs
In a state that follows Contributory Negligence, if a jury makes a determination that a plaintiff is 35 percent responsible for the tort, how much of his/her damages can the plaintiff recover?
Nothing
The legally recognized privilege to protect one's self or property against injury by another?
What is self defense.
Failure to exercise due care is determined by what standard?
A reasonable person
Which Senator championed the cause to help Jamie Leigh Jones and her right to bring a claim in a Court of Law
Senator Al Franken
What are the remedies for copyright violations?
Actual damaes based upon harm caused to holder
statutory damages not to exceed $150,00
Criminal fines and/or imprisonment
Permanent Injunction
What theory of contributory and comparative negligence does Montana follow?
Modified Comparative Fault theory
The action is defensible if the harm or evil sought to be avoided by a given action is greater than that sought to be prevented by the law defining the offense charged
Necessity
What are the two types of causation?
Direct or Causation in Fact
Proximate Cause
Which company employed Jamie Leigh Jones abroad and overseas?
Haliburton
Name 4 different categories of original works that are protected by the Copyright Act
musical works, dramatic works, pantomimes, choreography, pictures, sculptures, graphical arts, motion pictures, sound recordings, architectural work
In a state that follows, the pure form of a comparative negligence, if a jury determines that the plaintiff is 60 percent responsible for the damages, how much may the plaintiff recover?
40 percent.
For entrapment to exist law enforcement must do what and what?
Both suggest the commission of the offense and induce the actor into performing the act.
Direct or Causation in Fact
In Gourley v. Neb. Methodist Health, what was the original judgment provided to the plaintiffs and what was that amount reduced to an why?
What organization oversees patent and trademark registration?
USPTO - United States Patent and Trademark Office
If a plaintiff is determined to be more than 50 percent responisble for the damages than the plaintiff cannot recover anything from the defendant
True or False. If a person is unable to appreciate the criminality of their behavior they may not be convicted of the offense charged. Why or why not?
False under the Montana theory of mental illness the appreciation of the criminality of behavior does not negate criminal liability but is a sentencing factor. The person may be determined to be Guilty but Mentally Ill and punished accordingly.
What is the test used to determine Proximate Causation
Foreseeability
What organization was responsible for funding over a million dollars of negative campaign ads against him when he ran for what office?
United States Chamber of Commerce (a lobbying group) supported his opponent for Missippi Supreme Court Justice position.
What purposes would be considered "Fair use" and thus excepted from being a violation of copyrights or patent infringement?
Criticism and comment, news reporting, teaching, scholarship, research.
In a modified comparative fault state, if a plaintiff is determined to be 50 percent responsible for his/her damages, how much may they recover from the defendant?
50 percent
Define the Castle Doctrine?
The common law principle of “castle doctrine” says that individuals have the right to use reasonable force, including deadly force, to protect themselves against an intruder in their home. Does not need a threat of deadly or serious injury in Montana and the homeoner has not duty to retreat.