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Law Studies Final
Study Guide for Law Exam
| Question | Answer |
|---|---|
| T/F: There are no legal defenses to negligence | F: Some legal defenses to negligence are based on the plaintiff's conduct. |
| T/F: In strict liability torts, the two elements of negligence that are not required to be proved are causation and damages | F: causation and damages must be proven |
| T/F: Toxic torts were developed to allow persons who are harmed by the manufacture or disposal of hazardous waste to recover damages for their injuries | T :) |
| T/F: All sellers offer about the same warranties on their products and services | F: not all warranties are the same |
| T/F: Teenagers are making more buying decisions today than in the past when parents made more of those decisions. | T :) |
| T/F: Landlords do not have the legal right to ask potential renters about their source of income or previous landlords. | F: Landlords commonly want to know how a tenant will pay the rent and something about their rental history |
| T/F: More than 90 percent of all Americans will get married at some point in their lives | T :) |
| T/F: Couples with children who are divorcing have a right to a free attorney if they are too poor to hire one. | F: The right to a free attorney does not apply to couples who are divorcing |
| T/F: There are two different methods for proposing amendments to the US Constitution | T :) |
| T/F: It is harder for a private individual to win a defamation suit than it is for a public official or public figure to win | F: the value placed on freed of speech in the US makes it difficult for public officials or public figures to win defamation suits |
| T/F: Trials can be closed to the public and the press only if vital government interests are at stake and no less restrictive way exists to protect those interests | T :) |
| T/F: The endorsement and test and the Lemon test are used in establishment cases | T :) |
| T/F: The 1st Amendment to the Constitution protects your right to worship any way you chose | T :) |
| T/F: The right to privacy extends to a person's abortion decision | T :) |
| Plaintiffs in a tort suit are seeking what? | A remedy |
| The law provides a remedy for every interference with a recognized legal right means what? | person may be able to recover damages without fitting into specific tort category |
| Assault | Fear of immediate harm |
| Battery | Unwanted contact - getting hit, getting shot, etc. |
| Infliction of emotional distress | Acting in a way because you know will it cause someone emotional pain |
| Negligence refers to what kind of conduct | Unreasonable |
| Cause in Fact means: | the harm would not have occurred without the wrongful act |
| Proximate Cause: | harm related to action (wrongful act/negligent act) |
| What type of law would you create knowing that distracted drivers create 20-30 percent of all car crashes | Laws prohibiting use of cell phones, or other distracters, while driving. |
| Paternity tests establish what? | Who is the father of the child |
| Paternity is important for a mother to establish because: | Ensures payment of child support, allows child to have medical or familial information about father |
| Defamation | Not protected by 1st Amendment - False statements about another |
| Slander | spoken defamation |
| Libel | Written defamation |
| Prior Restraint means what | an attempt by government to prevent the printing of a news story |
| Students wearing armbands to protest the Vietnam War are practicing what right | Freedom of Expression |
| The first clause of the First Amendment of the US Constitution is also called: | The establishment clause: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." |
| What can sometimes force business to offer a cash settlement rather than going to the expense of defending themselves in court | Frivolous Lawsuit - Defendant not at fault, but more expensive to defend than to pay settlement |
| Who pays the cost of safety in a product? | Ultimately it is the consumer |
| what is a legally binding agreement containing both an offer and acceptance? | Contract |
| What is the requirement in a credit arrangement that the last payment is much larger than the monthly payment? | Balloon Payment (a balloon starts small but gets big when blown up) |
| A person denied credit because they are single and not married is a victim of what? | Credit discrimination |
| An unsolicited e-mail is called what? | Spam |
| Who requires used car dealers to place a large sticker (buyer's guide) in the window of every vehicle offered for sale? | Federal Trade Commission |
| A warranty may become void if the item is what? | Not maintained or misused |
| Who is responsible for the wear and tear of a rental home? | The landlord |
| What is given to babies and young children to protect them from diseases? | Immunizations |
| Formal and Common-law are recognized in which states? | All states |
| The placement of children with a relative who is not their parent is called what? | Kinship care |
| In loco parentis means what? | The status of acting in the place of the parent |
| A non-custodial parent has to provide what until the child becomes an adult or is emancipated | support |
| Child custody, visitation, support and division of property must be discussed when parents: | divorce or separate |
| The 1996 welfare law (TANF) has strict what? | work requirements |
| The US Supreme Court has ruled that the media does not have special rights of what? | Access to information or protection of sources of information |
| Collective bargaining means: | Union and management work together to settle labor disputes |
| Intentional Tort | Action taken that deliberately harms another person, or his/her property |
| Slander | oral statements that harm another person's reputation |
| Conversion | unlawful control of another's personal property |
| False Imprisonment | being wrongfully confined against one's will |
| Counterclaim | a claim brought against the plaintiff by a defendant in a civil lawsuit |
| Contributory Negligence | precludes a plaintiff from recovering damages from a defendant because the plaintiff is also at fault |
| Negligence | conduct that creates an unreasonable risk of harm for others |
| Reasonable person | the standard of conduct that a community expects of its members |
| Cause in fact | when the defendant's action produced the injury and the injury would not have occurred without the wrongful act |
| duty | responsibility of care owed to others |
| Comparative negligence | divides losses based on the degree to which each person is at fault |
| Damages | money paid to a plaintiff for injuries or losses suffered |
| same-sex partners | some states may permit civil unions, marriages, and/or domestic partnership protections for these couples |
| palimony | a support payment from an unmarried partner to another after separation |
| wedding ceremony | a requirement in order to get legally married in most states |
| prenuptial agreement | sets forth certain rights and responsibilities of the spouses |
| pro se | representing oneself without an attorney |
| irreconcilable differences | the marriage has completely broken down and is beyond repair |
| tender years doctrine | presumption that young children should go with the mother after divorce |
| best interest of the child | legal standard for determining custody |
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