Legal Terms and Concepts in Criminal Law, Quizzes of Business and Labour Law

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TERM 1 defamation DEFINITION 1 a publication of defamatory false statement of fact TERM 2 4 elements of proof for defamation DEFINITION 2 publication- statement to a 3rd party (person other than subject)defamatory: injures the reputationfalse statement of fact -- not opinion or prediction --plaintiff has to prove falsethrough the fault of the defendant TERM 3 slander DEFINITION 3 oral statement of defamation TERM 4 libel DEFINITION 4 writtenstatement of defamation TERM 5 through the fault of the defendant defamation proof DEFINITION 5 if public figure- must be intentional falsehood or reckless disregard for truth- actual maliceintentional-knows statement is falsereckless- no basis to believe statement is false TERM 6 is it defamation? business provides negative employment reference of former employee that proves false DEFINITION 6 yes, givesdefamatorystatement to 3rd party, harms repmany businesses refuse to give employee references to avoid potential liability for defamation TERM 7 is this defamation? write letter and repeat orally to friend saying that she is a whore, only send it to them, false statement DEFINITION 7 no, there is no publication TERM 8 is this defamation? politician accused of buying votec DEFINITION 8 yes, hurts rep TERM 9 is this defamation? tell client i don't think Fred Smith is a good lawyer DEFINITION 9 no, is an opinion not a statement of fact TERM 10 is this defamation? Fred smith has never won a case, proves to be false statement DEFINITION 10 yes is a false statement of fact TERM 21 4 types of invasion of privacy DEFINITION 21 intrusion upon solitude or seclusionpublic disclosure of factfalse-light publicityappropriation of likeness or name TERM 22 intrusion upon solitude or seclusion DEFINITION 22 plaintiff must prove that the defendant in some way intruded upon the plaintiff's reasonable expectations for personal privacy TERM 23 what type of invasion of privacy? someone enters a celebrity's residence around by posing as a telephone repair man DEFINITION 23 intrusion upon solitude or seclusion-intruded reasonable expectations of privacy of celeb TERM 24 public disclosure of private facts DEFINITION 24 requires plaintiff to show that defendant has taken personal and private info and published it to public TERM 25 what type of invasion of privacy? Neighbor bugged a couple's bedroom DEFINITION 25 intrusion upon solitude or seclusion- intruded privacy of couple TERM 26 what type of invasion of privacy? newspaper photographer secretly entered hospital room of woman being treated for an eating disorder and took and published unflattering photo of her in hospital gown DEFINITION 26 public disclosure of private facts -- medical info TERM 27 false light publicity DEFINITION 27 requires that the defendant published material which portrays the plaintiff in a way which gives a negative false impression TERM 28 what type of invasion of privacy? the Globe used a picture of a 90 year old newspaper carrier in connection with a negative article that tied her picture to a story about a 106 year old newspaper carrier forced to quit cause she was pregnant DEFINITION 28 false light publicity TERM 29 appropriation of likeness or name DEFINITION 29 requires plaintiff to prove the defendant took advantage of plaintiffs image or name for commercial advantage TERM 30 Fraudulent misrepresentation DEFINITION 30 intentional misrepresentation of material fact, reasonably relied on by plaintiff, resulting in damages TERM 31 4 elements of proof for fraudulent misrepresentation DEFINITION 31 misrepresentation of material factintent to deceivereasonable reliance by the victim in light of duty to inspect causation of damages TERM 32 Types Property torts DEFINITION 32 trespass to landtrespass to chattelsConversionnuisanceintentional interference with a contract or business relationship TERM 33 trespass to land DEFINITION 33 intentional entry onto the land of anotherwas there there intentionally (voluntary) and trespass caused damagedefendant doesnt need to know he's trespassingincludes damage to buildings, fences, trees or anything permanently attached to land TERM 34 trespass to chattels DEFINITION 34 intentional damaging or deprivation of another's personal property TERM 35 conversion DEFINITION 35 intentional retention or severe damaging of another's personal propertyevery conversion is also a trespass to chattels TERM 46 cause in fact DEFINITION 46 the negligence of defendant was an essential factor in chain of eventspaslgraf-- negligence was primary factor in explosion TERM 47 proximate cause DEFINITION 47 the harm caused must be reasonably foreseeable to someone in the defendant's position - not too remote in the chain of events (no superseding cause)palsgraf-- lacking cause railroad employee would not reasonably be able to forsee that the package carried explosives TERM 48 Defenses to negligence DEFINITION 48 comparative negligencecontributory negligenceassumption of riskimmunitiesa) sovereign immunity b) official immunity TERM 49 comparative negligence DEFINITION 49 the recovery of the plaintiff is reduced by the plaintiff's percentage of fault in causing the damages TERM 50 How much damages will plaintiff recover under comparative negligence? court determines you were 30% at fault on a $100,000 lawsuit DEFINITION 50 $70,000 TERM 51 Contributory negligence DEFINITION 51 the recovery of the plaintiff is barred (prevented by any negligence of the plaintiff in causing the damages (only 4 states use this) TERM 52 How much damages will plaintiff recover under contributory negligence? court determines you were 30% at fault on a $100,000 lawsuit DEFINITION 52 $0 TERM 53 assumption of risk DEFINITION 53 the recovery of the plaintiff is barred if the plaintiff voluntarily encounters a known riskcompares to defense of consent in battery caseif shortstop is hit by line drive cant sue batter TERM 54 sovereign immunity DEFINITION 54 can only sue the government if it gives you permission TERM 55 official immunity DEFINITION 55 can't recover from government officials if the act complained of involves a matter of policy and there was no malice by the official TERM 56 strict liability DEFINITION 56 liability without faultno need to prove an intentional or negligent act TERM 57 strict liability for ultra hazardous activity DEFINITION 57 an activity so abnormally dangerous that the actor is is the guarantor of the safetyexample--blastingwith dynamite TERM 58 strict products liability DEFINITION 58 the defendant marketed manufactured product TERM 59 arrest DEFINITION 59 significant deprivation of freedom of movement by a police officer TERM 60 arrest warrant DEFINITION 60 a court order allowing a person to be seized by police and placed in custody TERM 71 right to remain silent DEFINITION 71 5th amendment - right not to be compelled to testify against yourself in a criminal trialso zealously protected that even a comment by the prosecutor on a defendant's failure to testify will typically result in a mistrial TERM 72 right to counsel DEFINITION 72 6th amendment - right to have an attorney represent you if you are a criminal defendantbegins with arrest and continues thru appealnow includes the right to have the government pay for an attorney if the defendant cant afford one TERM 73 right to notice of charges DEFINITION 73 6th amendment - right to be informed of the exact criminal charge against youimportance; preparing a defense TERM 74 right to confront witnesses DEFINITION 74 6th amendment right to have witnesses testify in front of you and to cross examine the witnessimportance: assessing bias and verifying truthfulness TERM 75 right to speedy trial by jury DEFINITION 75 6th amendment right to be tried quickly and have a jury decide guilt TERM 76 protection against double jeopardy DEFINITION 76 5th amendment right: a criminal defendant may not be tried twice for the same offenseloophole: a defendant may be charged with violating both a state and federal crime for the same behavior TERM 77 procedural protections of suspects under criminal law DEFINITION 77 miranda rightsexclusionary rule TERM 78 exclusionary rule DEFINITION 78 evidence illegally obtained by police is inadmissible in a criminal trialresulting discoveries are also inadmissible- fruit of poisonous tree doctrine TERM 79 miranda rights DEFINITION 79 suspect must be informed of his constitutional rights before he can validly waive themapplies to any custodial interrogationevidence discovered during illegal questioning, such as a confession, will be inadmissible under the exclusionary rule TERM 80 an arrest is valid if: DEFINITION 80 valid warrant arrest existsofficers have probable cause to believe the suspect committed a crime TERM 81 charges filed by indictment or information DEFINITION 81 indictmentinformationa) felony information requires confirmation from a judge after a preliminary hearingb) a prosecutor acting alone cant file a felony chargeprosecutorial discretion- the prosecutor decides ewhen to press charges, not the victim TERM 82 plea bargaining DEFINITION 82 an agreement to plead guilty in exchange for a lesser charge or a fixed punishment TERM 83 trial DEFINITION 83 many of the constitutional rights of the defendant are focused herethe defendant must also be proven guilty beyond a reasonable doubt and must be unanimously found guilty by jury TERM 84 post-trial DEFINITION 84 appeal-includes right to counselhabeas corpus TERM 85 writ of habeas corpus DEFINITION 85 right to challenge basis for incrceration, usually on constitutional groundsif defendant has been jailed illegally then the court will order the defendant released TERM 96 Crimes related to business DEFINITION 96 forgeryrobberylarcenyburglaryembezzlementarsonbriberymoney laundering TERM 97 forgery DEFINITION 97 the fraudulent making or altering a document to change its legal affect TERM 98 robbery DEFINITION 98 stealing from someone's person by force or threat of forceevery robbery is also a larceny TERM 99 burglary DEFINITION 99 breaking and entering a building with the intent to commit a crime inside TERM 100 larceny DEFINITION 100 wrongful taking another's property with the intent to permanently deprive the owner of it TERM 101 embezzlement DEFINITION 101 misappropriating property entrusted to your possession for personal purposeintention to return the property is not a defense TERM 102 arson DEFINITION 102 burning a building of another or burning a building to defraud insurance TERM 103 money laundering DEFINITION 103 using a legitimate business to disguise the source of illegal profits TERM 104 bribery DEFINITION 104 offering money or property to obtain an illegitimate political or commercial advantage TERM 105 Defenses to crimes DEFINITION 105 mistakeconsententrapmentduressintoxicationminorityjustifiable use of force TERM 106 mistake defense DEFINITION 106 mistake of law is no defensemistake of fact is a defense only if it negates a required criminal intent TERM 107 consent defense DEFINITION 107 a defense any offenses which logically require a lack of consent for criminalityexamples: rape and stealing-- consensual sex and takingproperty with permissionnot a defense to murder or offenses involving serious bodily injury TERM 108 entrapment defense DEFINITION 108 the defendant's criminal activity is induced by actions of police rather than defendant's predisposition to commit a crime TERM 109 duress defense DEFINITION 109 a wrongful threat of immediate danger coerces the crime where the danger of the threat is greater than the danger of the crimenot a valid excuse for killing someone TERM 110 intoxication defense DEFINITION 110 generally not a defense to a crimecan be a defense if it negates a required specific mental state--premeditated part of a murder