question

To successfully sue one for negligence, it must show that there was a _____ of defendant's duty of care.

answer

Breach

question

The unprivileged and intentional touching of another; can be a crime or tort

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Battery

question

This happens when there is an intentional word or threat that makes another, as a reasonable person, fearful that a battery will occur.

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Assault

question

What the FTC can order an advertiser to do if it has made false or deceptive advertising statements

answer

Counter Advertising

question

The "_____ in Lending Act" has a "Regulation Z," which requires that certain credit terms (e.g. % rate, etc) be disclosed to a borrower if there is more than 4 installment payments involved in the financing offer.

answer

Truth

question

Defamation in writing or some other permanent form (like videotape, etc.)

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Libel

question

At common law, this crime is an intentional burning of another's dwelling house.

answer

Arson

question

With door-to-door sales, the FTC says that a buyer has this amount of days in which to cancel the purchase.

answer

3; Three

question

A creator has federal protection(so that others cannot use the work without permission) if she files for this; often used for written works, art, photos, etc. -Good for "life of creator plus 70 years"

answer

Copyright

question

A defense to a charge of negligence; where defendant argues that the plaintiff "assumed" this, but went ahead and took the chance anyway (thereby harming herself)

answer

Risk

question

The "Warranty of Merchantability" and "Warranty of Fitness for a Particular Purpose" are not expressed warranties, but instead are _____ warranties; one means that the seller guarantees that it is fit to be used for a stated purpose.

answer

Implied

question

With this tort, there is a wrongful taking of another's personal property, along with placing it in the service of another.

answer

Conversion

question

This is a criminal defense; any one of three tests could be used in the U.S. to prove this. The "M'Naghten Test" is an example (e.g., "don't know right from wrong")

answer

Insanity

question

This federal law that deals with racketeering provides for criminals to forfeit property they use illegally ... often resulting in the item being auctioned -off; (abbreviation; 4 words)

answer

RICO; Racketeer Influenced and Corrupt Organizations

question

This is NOT fraud; a salesperson's opinion, not based upon fact and not to be relied upon by the customer.

answer

Puffery

question

This "_____ and Switch" law prohibits advertising an item that the seller doesn't have or won't sell, with the intent to "talk the buyer up" to a higher-priced item.

answer

Bait

question

This crime is the breaking/entering of a building with the intent to commit a felony.

answer

Burglary

question

Unauthorized use of your credit card can subject you to liability up to $__ per card.

answer

$50

question

A defense to a negligence suit "_____ negligence." -This is where the plaintiff helped harm herself because she, too, was negligent; a complete defense in many jurisdictions.

answer

Contributory

question

The non-intentional tort where one does not act as a "reasonable person," and (as a result) another is harmed. The plaintiff can sue, but ONLY if she can show: Duty, breach, cause/causation, and damages($$)

answer

Negligence

question

This crime is the fraudulent taking of property or money by one with whom this has been entrusted.

answer

Embezzlement

question

An untrue communication that causes injury to another's good name, reputation, or character; often holds one up to "ridicule, hatred, or embarrassment"

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Defamation

question

This is where the government puts an Idea in your mind to commit a crime a criminal defense.

answer

Entrapment

question

With this, you are officially charged with a crime; issued by a grand jury.

answer

Indictment

question

An injured customer, also known as a business _____, can sue a business for negligence if the business didn't exercise "reasonable care."

answer

Invitee

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To argue that one is negligent, it is required that you prove breach of duty of care. To do this, you argue that the defendant did not do what a "reasonable _____" would have done.

answer

Person

question

The "Exclusionary ______" disallows evidence that is "fruit from the poisonous tree" (e.g., bad searches)

answer

Rule

question

This crime is "the intentional taking and carrying away of another's personal property to permanently deprive the owner of the property"

answer

Larceny

question

The Constitution does not allow a person to be charged twice for the same crime. (note: It does NOT apply to a crime and other trials, like torts). This is known as "_____ jeopardy".

answer

Double

question

To sue a manufacturer for injuries because of a defective product, one used to have to show "______ of contract." Today, we no longer need to show that, as a part of the lawsuit.

answer

Privity

question

With this kind of tort "liability," one may have liability "without fault." E.g., manufacturing dangerous products

answer

Strict liability

question

This "Magnuson" law requires that warranties be easy to understand

answer

Moss

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