Legal Concepts and Databases Quiz

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Battery: Intentional harmful or offensive contact with another person.
Assault: Intentional act that creates apprehension of imminent harmful or offensive contact.
Libel: Defamation through written or printed words.
Slander: Defamation through spoken words.

Habeas Corpus: A legal writ that requires a person under arrest to be brought before a judge to determine if their detention is lawful.
Purpose: To ensure that individuals are not unlawfully imprisoned.

What: The Supremacy Clause establishes the U.S. Constitution, federal laws, and treaties as the supreme law of the land.
Who: The U.S. Constitution
When: Ratified in 1788
Where: Article VI of the U.S. Constitution.
Why: To ensure uniformity and prevent state laws from conflicting with federal law.

Gideon v. Wainwright (1963): Guaranteed the right to counsel for indigent defendants in criminal cases.
Roe v. Wade (1973): Established a woman's right to abortion during the first trimester of pregnancy.
Dobbs v. Jackson Women's Health Organization (2022): Overturned Roe v. Wade, allowing states to regulate or ban abortion.
Terry v. Ohio (1968): Upheld the constitutionality of "stop and frisk" searches by law enforcement officers.
Marbury v. Madison (1803): Established the principle of judicial review, allowing the Supreme Court to declare laws unconstitutional.

Fighting Words: Speech likely to incite immediate violence.
True Threats: Speech intended to instill fear of unlawful harm.
Incitement: Speech that incites lawless action.
Defamation: False statements that harm a person's reputation.
Obscenity: Speech that is sexually explicit and lacks serious literary, artistic, political, or scientific value.

1st Amendment: Guarantees freedom of religion, speech, press, assembly, and the right to petition the government.
2nd Amendment: Guarantees the right to bear arms.
3rd Amendment: Prohibits the quartering of soldiers in private homes.
4th Amendment: Protects against unreasonable searches and seizures.
5th Amendment: Guarantees due process of law, prohibits self-incrimination, and double jeopardy.
6th Amendment: Guarantees the right to a speedy and public trial, to an attorney, and to confront witnesses.
7th Amendment: Guarantees the right to a jury trial in civil cases.
8th Amendment: Prohibits cruel and unusual punishment and excessive bail.
9th Amendment: Recognizes that the enumeration of specific rights in the Constitution does not mean that other rights are not protected.
10th Amendment: Reserves powers not delegated to the federal government to the states and the people.

Right: The right to keep and bear arms.
Purpose: To ensure a well-regulated militia and protect the right of individuals to self-defense.

5th Amendment: Applies due process and equal protection to the federal government.
14th Amendment: Extends due process and equal protection to state governments through the incorporation doctrine.
Incorporation Doctrine: The process by which provisions of the Bill of Rights are applied to the states through the 14th Amendment.

Battery: Intentional harmful or offensive contact with another person.
Assault: Intentional act that creates apprehension of imminent harmful or offensive contact.
False Imprisonment: Intentional confinement of a person without consent.
Libel: Defamation through written or printed words.
Slander: Defamation through spoken words.

Incorporation Doctrine: The process of applying provisions of the Bill of Rights to the states through the 14th Amendment.
Establishment Clause: Prohibits the government from establishing a state religion.

Libel: Written or printed defamation that tends to harm a person's reputation.
Slander: Spoken defamation that tends to harm a person's reputation.
Elements: A false statement, publication to a third party, fault (negligence or malice), and damages.

Economic Torts: Interfere with a person's economic interests, such as interference with contract or unfair competition.
Property Torts: Involve interference with a person's property, such as trespass or conversion.
Personal Torts: Intentional acts that cause physical or emotional harm to a person, such as battery, assault, or false imprisonment.

Definition: Failure to exercise reasonable care that a reasonably prudent person would exercise under similar circumstances.
Elements: Duty of care, breach of duty, causation, and damages.
Example: A store owner failing to place a "wet floor" sign after mopping, causing a customer to slip and fall.

Compensatory Damages: Designed to compensate for actual losses, such as medical expenses, lost wages, or pain and suffering.
Punitive Damages: Awarded to punish the defendant for reckless or malicious conduct.

Strict Liability: Liability without fault, often applied to dangerous activities or products.
Joint and Several Liability: Multiple defendants are each liable for the full amount of damages, even if their individual contributions were different.
Respondeat Superior: An employer is liable for the torts of their employees committed within the scope of employment.

Definition: A legal defense that allows a shopkeeper to detain a suspected shoplifter for a reasonable time and in a reasonable manner to investigate a suspected theft.
Requirements: Reasonable suspicion, detention for a reasonable time, and reasonable manner of detention.