Law in American SocietyLaw in American SocietyTest Review: Chapters 17, 18, 19, 23, 30, & Test Review: Chapters 17, 18, 19, 23, 30, &

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Mr. NovakMr. NovakPeriods 1 & 5Periods 1 & 5

3/2/103/2/10Uplift Community High SchoolUplift Community High School

Sneak and peek searches are…Sneak and peek searches are…

Searches without warrants and with Searches without warrants and with delayed notice to the person whose delayed notice to the person whose property has been searched.property has been searched.

What is the purpose of the USA What is the purpose of the USA Patriot Act?Patriot Act?

To intercept communications among To intercept communications among terrorist groupsterrorist groups

To trace the sources of money funding To trace the sources of money funding terroriststerrorists

To find and detain terrorists who enter the To find and detain terrorists who enter the U.S. as immigrantsU.S. as immigrants

Plaintiffs in tort suits are seeking Plaintiffs in tort suits are seeking what?what?

A remedyA remedy

What is a historical example of the What is a historical example of the government taking away the rights of citizens government taking away the rights of citizens

during times of crisis?during times of crisis?

Removal of people, including citizens, of Removal of people, including citizens, of Japanese heritage to internment camps.Japanese heritage to internment camps.

The saying that, “For every interference with a The saying that, “For every interference with a recognized legal right, the law will provide a recognized legal right, the law will provide a

remedy,” which means what?remedy,” which means what?

Occasionally a person may be able to Occasionally a person may be able to recover damages without fitting their case recover damages without fitting their case into an existing category of torts.into an existing category of torts.

Military tribunals can…Military tribunals can…

Use hearsay as evidence.Use hearsay as evidence.

Meet in secretMeet in secret

Authorize the death penalty with a two-Authorize the death penalty with a two-thirds vote of the judges.thirds vote of the judges.

The Foreign Intelligence The Foreign Intelligence Surveillance Court…Surveillance Court…

Was not created by the USA Patriot ActWas not created by the USA Patriot Act

Did not have open hearingsDid not have open hearings

Did not have published rulingsDid not have published rulings

Conversion, which is an intentional Conversion, which is an intentional tort, is also the crime of…tort, is also the crime of…

LarcenyLarceny

What is a feature of tort law that supports What is a feature of tort law that supports the fact that the government permits adults the fact that the government permits adults to purchase cigarettes rather than banning to purchase cigarettes rather than banning

them altogether?them altogether?

Preservation of individual choicePreservation of individual choice

What is true about contracts?What is true about contracts?

For a contract to be valid there must be an For a contract to be valid there must be an exchange of consideration.exchange of consideration.

The burden of proof in a tort suit The burden of proof in a tort suit is…is…

Preponderance of the evidencePreponderance of the evidence

Money awarded to the plaintiff to punish Money awarded to the plaintiff to punish the defendant for malicious, willful, or the defendant for malicious, willful, or

outrageous acts is…outrageous acts is…

Punitive damagesPunitive damages

Symbolic damages that show the plaintiff Symbolic damages that show the plaintiff was wronged even though there was not was wronged even though there was not

substantial injury or loss are called…substantial injury or loss are called…

Nominal damagesNominal damages

What is a defense to intentional What is a defense to intentional torts?torts?

ConsentConsent

Burglary is a crime and is also what Burglary is a crime and is also what kind of tort?kind of tort?

TrespassingTrespassing

Something of value that is Something of value that is exchanged in a contract for exchanged in a contract for something else of value is…something else of value is…

ConsiderationConsideration

Copyrights protect…Copyrights protect…

Any expression that is somehow fixed Any expression that is somehow fixed (written down or stored on a computer (written down or stored on a computer disk).disk).

Jorie slipped and spilled his hot coffee on Jorie slipped and spilled his hot coffee on Tim. Tim retaliated by throwing lemonade Tim. Tim retaliated by throwing lemonade

on Jorie. Jorie committed…on Jorie. Jorie committed…

No tortNo tort

An invention that is in the public An invention that is in the public domain means that…domain means that…

Anyone may sell and profit from the Anyone may sell and profit from the invention.invention.

A minor, or person under the age of A minor, or person under the age of legal majority may…legal majority may…

Legally enter into contractsLegally enter into contracts

What do military tribunals do?What do military tribunals do?

Can meet in secret and can allow hearsay Can meet in secret and can allow hearsay as evidence.as evidence.

Is this true…the Constitution Is this true…the Constitution protects people from action by the protects people from action by the

government?government?

YesYes

The statue of frauds requires that certain The statue of frauds requires that certain contracts be in writing to be enforceable, contracts be in writing to be enforceable,

including contracts for the sale of…including contracts for the sale of…

Real estateReal estate

The federal The federal Defense of Marriage Defense of Marriage Act of 1996Act of 1996 provides that… provides that…

States do not have to recognize same-sex States do not have to recognize same-sex unions created in other states.unions created in other states.

Is this true…the Bill of Rights was Is this true…the Bill of Rights was designed to protect against the designed to protect against the

power of the federal government?power of the federal government?

YesYes

Foreign Intelligence Surveillance Foreign Intelligence Surveillance Courts can…Courts can…

Authorize wiretaps to monitor Authorize wiretaps to monitor communications, without probable cause.communications, without probable cause.

A person can get a patent on anA person can get a patent on an

InventionInvention

Hao promises to pay Sydney $20 to give her a Hao promises to pay Sydney $20 to give her a copy of the history test that is to be given on copy of the history test that is to be given on the next day. Sydney gives Hao the test but the next day. Sydney gives Hao the test but Hao refuses to pay the money. The contract Hao refuses to pay the money. The contract

between Hao and Sydney is…between Hao and Sydney is…

IllegalIllegal

A person wishing to manufacture A person wishing to manufacture and sell a product that another and sell a product that another

holds the patent on…holds the patent on…

Must wait 20 years from the time the other Must wait 20 years from the time the other person got the patent.person got the patent.

What does the Department of What does the Department of Homeland Security do?Homeland Security do?

Coordinates federal antiterrorism activities.Coordinates federal antiterrorism activities.

What can unlawful combatants do?What can unlawful combatants do?

They can likely to be tried in military They can likely to be tried in military tribunals.tribunals.

U.S. Trial Courts…U.S. Trial Courts…

Can delay notification of people whose Can delay notification of people whose premises have been searched.premises have been searched.

Must provide defendants with attorneys if Must provide defendants with attorneys if they are too poor to hire one.they are too poor to hire one.

Can use evidence authorized secretly in Can use evidence authorized secretly in criminal trials.criminal trials.

What is a minor?What is a minor?

A person under the age of legal majority.A person under the age of legal majority.

What is false imprisonment?What is false imprisonment?

Being wrongfully confined against one’s Being wrongfully confined against one’s will.will.

Class action is…Class action is…

A lawsuit brought by one or more persons A lawsuit brought by one or more persons on behalf of a larger group.on behalf of a larger group.

What is intentional tort?What is intentional tort?

The action taken that deliberately harms The action taken that deliberately harms another person or his or her property.another person or his or her property.

Premiums are…Premiums are…

Payments made for insurance coverage.Payments made for insurance coverage.

Safety and security is…Safety and security is…

Balanced against restrictions on civil Balanced against restrictions on civil liberties during times of crisis.liberties during times of crisis.

Foreign Intelligence Surveillance Foreign Intelligence Surveillance Act Court…Act Court…

Established to gather foreign intelligence.Established to gather foreign intelligence.

Keeps all records and rulings secret.Keeps all records and rulings secret.

Can approve wiretaps without probably Can approve wiretaps without probably cause.cause.

Contingency is a…Contingency is a…

Type of fee arrangement in tort suits in Type of fee arrangement in tort suits in which plaintiff’s attorney is paid from the which plaintiff’s attorney is paid from the damages awarded.damages awarded.

What is conversion?What is conversion?

An unlawful control of another’s personal An unlawful control of another’s personal property. property.

Liability is the… Liability is the…

Responsibility for injuries caused.Responsibility for injuries caused.

What is slander?What is slander?

Oral statements that harm another Oral statements that harm another person’s reputation.person’s reputation.

What is standard of proof?What is standard of proof?

The amount of evidence the prosecutor The amount of evidence the prosecutor must present in order to win the case.must present in order to win the case.

What is unconscionable?What is unconscionable?

An excessively unfair contract.An excessively unfair contract.

What does breach mean?What does breach mean?

To violate the agreements of a contract.To violate the agreements of a contract.

What was the What was the Family and Medical Family and Medical Leave ActLeave Act??

Grants employees unpaid leave to care for Grants employees unpaid leave to care for sick relatives and new children.sick relatives and new children.

What is consideration?What is consideration?

The things of value which are exchanged The things of value which are exchanged in a contract.in a contract.

What is a cosigner?What is a cosigner?

A person who promises to be responsible A person who promises to be responsible along with another person for that person’s along with another person for that person’s contract.contract.

What is infringement?What is infringement?

Unauthorized use of another’s patent or Unauthorized use of another’s patent or copyright.copyright.

What is the What is the Defense of Marriage Defense of Marriage ActAct??

Law establishing the right of states not to Law establishing the right of states not to have to recognize same-sex unions.have to recognize same-sex unions.

What was What was LovingLoving v. v. Virginia Virginia about?about?

It determined that laws prohibiting It determined that laws prohibiting interracial marriages violated the interracial marriages violated the Constitution.Constitution.

What is an estate?What is an estate?

Property distributed after one’s death.Property distributed after one’s death.

What are social and economic What are social and economic rights?rights?

A type of rights not included in U.S. A type of rights not included in U.S. Constitution.Constitution.

What is an amendment?What is an amendment?

An addition to the U.S. Constitution An addition to the U.S. Constitution

What is the age of majority?What is the age of majority?

Requirement for a person to make a valid Requirement for a person to make a valid will.will.

What are government actions?What are government actions?

U.S. Constitution protects against this type U.S. Constitution protects against this type of violation. of violation.

What is a test?What is a test?

It refers to a standard by which cases are It refers to a standard by which cases are decided in the courts.decided in the courts.

What does absolute mean?What does absolute mean?

Unrestricted exercise of rightsUnrestricted exercise of rights