Term
| Where are the powers of Congress located in the U.S. Constitution? |
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| Where are the powers of the President set out in the U.S. Constitution? |
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| Where are the powers of the Federal Judiciary set out in the U.S. Constitution? |
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| Where in the U.S. Constitution is the Commerce Clause located? |
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Term
| How is free speech limited? |
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Definition
| As to time, place and manner. |
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Term
| What are the five protections of the 1st Amendment? |
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Definition
| Speech, religion, press, petition the government, assembly |
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| What is the name of the clause in the U.S. Constitution that prohibits Congress from passing a law favoring religion? |
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| What is the name of the clause in the U.S. Constitution that prohibits Congress from passing a law restricting one's practice of religion? |
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| Where in the Constitution is protection against unreasonable searches and seizures? |
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| What is the name of the standard the police must meet prior to arrest? |
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| What is the name of the doctrine that applies to situations in which contraband can be seen in the open? |
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| What is the name given to contraband that is seized illegally? |
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| The fruit of the poisonous tree |
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Term
| What is the name given to illegal evidence? |
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| What is the name given to an arrest? |
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| What do the police need before they can obtain a warrant? |
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| What is the result of illegally seized evidence? |
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| What is the name of commerce that takes place across state lines? |
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| What is the name of commerce that takes place within a state |
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| What is the test employed by the U.S. Supreme Court in which a state statute is weighed against heath, safety and welfare? |
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| What is the test employed by the U.S. Supreme Court in which local intrastate activity becomes interstate activity? |
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Term
| What case involved stopping all bait fish at the border and inspecting for parasites? |
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| What case involved stopping all trucks at the border to change mud flaps? |
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| In the balancing test, what argument allows the state to continue impeding interstate commerce? |
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Definition
| Health, safety and welfare |
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Term
| What is the name of the doctrine that intrastate activity becomes interstate activity? |
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Term
| What case involved discriminating against African Americans seeking lodging? |
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| What case involved discriminating against African Americans seeking service at a restaurant? |
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Term
| What case involved a wheat farmer? |
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Term
| What law prohibits discrimination on the basis of race in places of public accommodation? |
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Definition
| The Civil Rights Act of 1964 |
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Term
| What is the name of the first 10 amendments to the U.S. Constitution? |
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| What is the name of the document issued by a court that allows a legal search and/or seizure? |
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Term
| What is the burden of proof in a negligence trial? |
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Definition
| Preponderance of the evidence |
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Term
| Where are the powers of the three branches of government set out? |
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Term
| What is the type of due process found in the 14th Amendment? |
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Term
| What is the type of due process found in the 4th Amendment? |
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Term
| What is the name given to groups of people who need special consideration under the Constituion? |
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Term
| What level of scrutiny is given to fundamental rights? |
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| What does a state have to show to the U.S. Supreme Court in order to have a racially discriminatory statute upheld? |
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| What is the level of scrutiny applied by the U.S. Supreme Court for sex (gender) ? |
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Term
| What are the right to marry; travel and procreate? |
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| What are race, religion, national origin and color? |
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| What level of review is given by the U.S. Supreme Court to gay people? |
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Term
| What is the name of the tort in which the plaintiff fears bodily contact? |
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Definition
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Term
| What is the name of the tort in which the plaintiff suffers bodily contact? |
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Definition
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Term
| What is the name of the tort in which the plaintiff is subjected to extreme and outrageous conduct? |
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Definition
| Intentional infliction of emotional distress |
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Term
| What is the name of the tort in which the plaintiff is confined to a bounded area? |
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Term
| What is the name of the tort in which the plaintiff's personal property is damaged ? |
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Term
| What is the name of the tort in which the plaintiff real property is damaged or taken? |
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Term
| What is the name of the tort in which the plaintiff's personal property is stolen or taken and never returned? |
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Term
| What is the name of property that starts as personal property and then becomes real property? |
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Term
| What is intent in an intentional tort? |
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Definition
| Understanding the consequences of one's actions. |
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Term
| What is an act in an intentional tort? |
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Definition
| One of conscious volition. |
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Term
| What is the extra element required for intentional infliction of emotional distress? |
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Definition
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Term
| What are the elements of all intentional torts? |
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Term
| What is the name of the protection given to store owners against lawsuits for detaining a shoplifter? |
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Term
| When we state that real property is land and all things attached, what are the things attached called? |
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Term
| If Sally gets caught in a rain storm on Lake Cayuga and ties her boat to a stranger's dock, the stranger could sue Sally for what tort? |
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Definition
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Term
| If Sally gets caught in a rain storm on Lake Cayuga and ties her boat to a stranger's dock, Sally could use what defense? |
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Definition
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Term
| If Sally gets caught in a rain storm on Lake Cayuga and ties her boat to a stranger's dock, what would Sally be liable for? |
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Term
| If Robert raised his arm to strike Thelma, and Thelma didn't see him, Robert would be liable for what tort? |
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Term
| Laurie is studying in the library one night and falls asleep. When she awakes she finds that all of the doors to the library are locked and she cannot leave. If she sued the college for false imprisonment, what result? |
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Definition
| She would lose because there is no intent. |
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Term
| What standard is a store owner held to when he/she detains a suspected shoplifter? |
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Term
| If Brian Daley, aged 5, pulls a chair out from under his aunt, why will his family not be found liable for the tort of assault and battery? |
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| Bonnie took Marilyn's purse and painted it green, ruining the leather. In a lawsuit by Marilyn against Bonnie, what tort would she most likely sue for? |
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Term
| John ran up behind Peter and slammed him in the head. In a lawsuit by Peter against John for assault, why would Peter lose? |
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Definition
| Assault is the fear of a battery, but since Peter did not see John, there can be no fear. |
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Term
| What tort is the equivalent of criminal theft? |
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Definition
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Term
| What is the name of the standard in law to which all people are held? |
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Definition
| Reasonable person standard. |
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Term
| Cynthia sees two children about to fall into a sewer pipe, but does nothing to help them and they die. In a lawsuit by the parents of the children against Cynthia, why will she win the lawsuit? |
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Term
| What does the implied warranty of merchantability guarantee about a product? |
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Definition
| That it is "fit for the ordinary purpose." |
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Term
| What does 'express' mean? |
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Definition
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Term
| What does 'implied' mean? |
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Definition
| Not express; not oral or written. |
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Term
| What warranty resulty from a conversation seeking specific information? |
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Definition
| Implied warranty of fitness for a particular purpose. |
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Term
| What kind of liability pertains to the transportation of wild animals? |
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Term
| Alvin sees what he thinks is a rabid dog coming down the street and shoots the dog. What tort could Alvin be held liable for? |
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Term
| Alvin sees what he thinks is a rabid dog coming down the street and shoots the dog. What would be Alvin's best defense? |
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Term
| John is found in the middle of the night, sleepwalking. Attempting to wake him up, John's wife shakes John and he punches her. In a lawsuit by the wife against her husband for assault and battery, what is his best defense? |
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Definition
| No act of conscious volition. |
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Term
| Lilly, a seven year old girl, goes onto the neighbor's land and picks up their beagle (dog) by its ears. The dog suffers serious injuries. In a lawsuit by the dog owners against Lilly's family, what tort would they most likely sue for? |
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Definition
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Term
| Lilly, a seven year old girl, goes onto the neighbor's land and picks up their beagle (dog) by its ears. The dog suffers serious injuries. In a lawsuit by the dog owners against Lilly's family, what would be Lilly's best defense? |
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Definition
| No intent, since she does not understand the consequences of her actions. |
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Term
| Alexa plays on the rugby team. During a game, an opponent runs into her and Alexa suffers a broken leg. In a lawsuit by Alexa against the opponent for assault and battery, what defense will prevent her from winning the lawsuit? |
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| Dominic, a New York City bus driver, is having a bad day and refuses to let any of his riders off the bus. Instead, he keeps driving, even though they ask to get off the bus. In a lawsuit against Dominic, what tort has he committed? |
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