Exam 2 Concepts to Study PDF

Exam 2-Topics Chapter 6 1. What does “intent” mean? 2. What is the difference between compensatory damages (special and general) and punitive damages? 3. You should be able to recognize the following types of tort claims: battery, assault, false imprisonment, defamation (slander and libel), intentio...

Exam 2-Topics Chapter 6 1. What does “intent” mean? 2. What is the difference between compensatory damages (special and general) and punitive damages? 3. You should be able to recognize the following types of tort claims: battery, assault, false imprisonment, defamation (slander and libel), intentional infliction of emotion distress, trespass to land, fraudulent misrepresentation, slander of quality and slander of title; invasion of privacy, and the wrongful interference torts and when there is liability. 4. You should be familiar with the different types of defenses that are available in an intentional tort claim and for negligence. 5. What is the difference between contributory negligence and comparative negligence? What is the difference between pure comparative negligence and the 50% rule? 6. Understand the elements of negligence. What are the elements of negligence? What happens if a plaintiff cannot prove all 4 elements? 7. What is the legal standard used to determine negligence? What is the legal standard used to determine if a professional has breached their duty of care and committed negligence? 8. You need to know the difference between contributory and comparative negligence. You also need to know the difference between the two types of comparative negligence, the 50% rule and pure comparative. 9. Understand the concept of transferred intent. 10. What are the duties owed by a landowner to the different types of visitors to their property? Chapter 7 1. What does strict liability mean? 2. What is an abnormally dangerous activity and the liability if there is an injury because of this type of conduct? 3. Who can sue and who can be sued when a defective product causes an injury? 3. Be familiar with the following product liability actions-negligence (duty of care), strict liability (abnormally dangerous at time sold-more dangerous than the consumer expected or there was an economically feasible alternative); Misrepresentation (fraud). 4. Be familiar with the different types of defenses available in a products liability lawsuit: preemption, assumption of the risk, product misuse, statute of repose and limitations, comparative negligence and knowledgeable user. Chapter 8 1. Know the difference between the types of IP and how long the owner of these rights will be protected from infringement. 2. What can you trademark? 3. What is the difference between trademark infringement and trademark dilution? 4. What are the benefits of trademark registration? 5. What is a patent? 6. What is patent infringement? 7. Understand when copyright protection becomes effective. How long will copyright protection last? 8. When does copyright infringement occur? 9. Understand the fair use and first sale doctrine exceptions to copyright infringement. 10. What is a trade secret? 11. When does trade secret infringement occur? Chapter 10 1. What is the difference between a felony and misdemeanor? 2. Know the legal standard of proof for a criminal case and a civil case. 3. Be familiar with the six crimes that we discussed in class. 4. Be familiar with the constitutional protections found in the 4th, 5th, and 6th amendment. 5. What are the requirements for obtaining a search warrant? 6. What happens if evidence is seized in violation of a constitutional right? When does the exclusionary rule and fruit of the poisonous tree apply? 7. What are Miranda Rights? 8. When can a corporation be held liable for a crime?