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| Freedom of Speech and Assembly |
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| congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech, or the press, or the right of the people to peacefully assemble. |
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| A distinctive mark, word, design, or picture. "When you see this what do you think of?" |
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| A government authority to an individual or organization conferring a right or title, esp. the sole right to make, use, or sell some invention. It has to be novel, new, useful, and not obvious. |
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| A quick remedy in law, or to stop, stay, or annul immediately. |
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| Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). This is based on the "confusion" caused by the misinterpretation. |
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| The intentional publication or communication to a third party of a false statement meant to harm another's reputation. |
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| The elements of negligence |
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| Duty, breach, injury, causation. Ask "Is it foreseeable?" |
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| When one voluntarily and expressly accepts the risk. |
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| The two major defenses of negligence |
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| The plantiff leads to her own injury "contributory negligence" or if there is assumption of the risk. |
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| "The thing speaks for itself." A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened. |
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| Negligence due to the violation of a public duty, such as high speed driving. |
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| Intentional Infliction of Emotional distress |
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| The tort that occurs when someone intentionally engages in outrageous conduct that is likely to cause extreme emotional distress to another person. |
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| "You're never guilty in a tort, you're..." |
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| Common Law Burglary Definition |
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| Breaking and entering the dwelling place of another at nighttime with the intent to commit a felony within. |
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| The taking and carryiing away of the personal property of another with the intent of depriving the owner of the property permanently. |
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| The intentional misrepresentation of a material fact, which is then relied upon, which then results in injury. |
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| Behavior that creates an unreasonable risk of harm to others. |
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| one who sells any product in a defective condtion, unreasonably dangerous to the user or consumer or his family is subject to liability for physical harm, thereby, caused to the ultimate user or consumer, or to this property if the seller sells such a product, there isn't a substantial change in the condition in which it is sold by the time it reaches the consumer. The is true even if the seller has exercised all possible care in the preparation and sale of the product and the user has not entered into any contractual relation with the seller. |
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| Money awarded to a plaintiff as reimbursement for her or his losses; based on the amount of actual damage or harm to property, lost wages or profits, pain and suffering, medical expenses, disability, etc. |
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| punitive damages/exemplary damages |
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| Compensation awarded to a plaintiff that goes beyond reimbursement for actual losses and is imposed to punish the defendant and deter such conduct in the future. |
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| A classification of law involving the rights and responsbilities an individual has with respect to the public as a whole. |
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| [The area of law which deals with] the violation of another person's rights or a civil wrongdoing that does not arise out of a contract or statue; primary types are intentional, negligent, and strict-liability torts. |
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| A civil wrong resulting from an intentional act committed on the person, property, or economic interest of another. Intentional torts include assault, battery, conversion, false imprisonment, intentional infliction of emotional distress, trespass to land, and trespass to chattels. |
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| After a plaintiff has established that the defendant owes her a duty of care, she must prove that the defendant's conduct violated that duty. This violation is called... |
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