Term
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Definition
| Congress exercises power of precedence over Executive authority |
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Term
| City of Burbank v. Lockheed Air Terminal Inc. |
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Definition
| Federal Supremacy power includes preemption, the ability of the Federal legislative power to assume control over an entire field of government. |
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Term
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Definition
| State statutes supercede local law |
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Term
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Definition
| Summary judgement can be granted when the outcome is undisputed |
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Term
| Randolph v. Commodore Cruise Lines |
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Definition
| Appealed and reversed summary judgement because one outcome was still debatable. |
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Term
| Jacobson v. United States |
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Definition
| The government cannot induce a person to commit a crime they would not otherwise commit (Entrapment). |
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Term
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Definition
| Sixth Amendment rights apply in all court cases, including State level cases. |
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Term
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Definition
| A warning to a person in custody of their rights to be free of self incrimination is necessary per the 5th Amendment. |
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Term
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Definition
| Assault involves a threat to physical harm, not any other type of threat. |
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Term
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Definition
| Torts hold people accountable for their intended actions and any reasonably foreseeable consequences. |
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Term
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Definition
| Emotional distress requires extreme and outrageous conduct which causes severe emotional distress. |
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Term
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Definition
| A public figure requires a lower degree of care in defamation cases, but private figures deserve a higher standard: facts must be true or at least reasonably researched. |
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Term
| Stein v. Marriott Ownership Resorts, Inc. |
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Definition
| There are 4 branches of "violation of privacy." "Jokes" no matter how cruel, do not count if no one would believe the information (especially regarding the 4th branch: false light). |
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Term
| Maybee v. Jacobs Motor Co. |
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Definition
| Fraud requires that the victim relied on the fraudulent information, believed it, and acted on it. |
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Term
| Palsgraf v. Long Island Railroad Co. |
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Definition
| Negligence requires foreseeable harm to others. Without foreseeable harm, thee is no duty. |
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Term
| McCain v. Florida Power Corp. |
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Definition
| Freakish and improbable accidents are not negligence. Negligence requires foreseeable harm. |
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Term
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Definition
| Existence of physical injury gives assurance of claims of emotional harm. |
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Term
| Madden v. Carolina Door Controls, Inc. |
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Definition
| Res ipsa loquitur can be used when the events don't typically occur without negligence, and the defendant is the sole control of the issues involved. |
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Term
| Rigtrup v. Strawberry Water users Ass'n |
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Definition
| Comparative Negligence Statute allows both parties to be faulted a certain percentage. |
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Term
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Definition
| Strict liability is applied in cases where unusually hazardous activities are involved. |
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Term
| Jordan v. Coca Cola Bottling Co. of Utah |
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Definition
| Res ipsa loquitur cannot be applied when others have had the opportunity to interact with the product in question, and is not a very reliable tactic for winning cases based on defective products |
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Term
| Yong Cha Hong v. Marriott Corporation |
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Definition
| Reasonable expectation test is used to determine whether foreign objects should appear in products in warranty law. |
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Term
| Travelers Ins. v. Federal Pacific Elec. |
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Definition
| Duty to warn is valid when a reasonable user would not know of a foreseeable danger by a company's product. |
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Term
| Lutz v. National Crane Corp. |
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Definition
| Alternative uses of products that are foreseeable must be addressed by company providing the product. |
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Term
| Embs v. Pepsi-Cola Bot. Co., of Lexington |
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Definition
| Strict liability includes bystanders of products, not just consumers and users. |
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