Torts | Day in Court | Criminal Law | Our Courts | Famous Cases and Their Holdings |
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What are intentional torts
These torts require either a purpose to cause the harm or knowledge to a sufficient certainty that the harm will occur
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What is Statute of Limitation
This limits how long you can sue on a claim
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What is Mens rea
The required mental state for a criminal statute
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What is Court of Appeals
In New York, the highest court is called this
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What is Chevron USA Inc. v. Natural Resources Defense Council
When a statute is ambiguous, courts should defer to an agency’s interpretation of it
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What is Trespass to chattels
If I took an object belonging to someone and used it without permission, I likely committed this tort
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What is Immunity
I can’t sue many government bodies or officials because of this doctrine
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What is Double jeopardy
You can’t be tried twice for the same crime
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What is Ninth Circuit
This appellate circuit is the largest
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What is Lawrence v. Texas
Laws forbidding two people of the same gender from having sex are unconstitutional
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What is Causation
Negligence requires (a) duty, (b) breach of duty, (c) damages, and this other element.
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What is Demurrer
In California, if you don’t think the complaint states a cause of action, you file this
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What is Prosecutorial discretion
The prosecutor’s right to decide whether and what to charge
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What is Santa Clara County Superior Court
The state court covering Mountain View, California
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What is Plessy v. Ferguson
Separate but equal
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What is Eggshell plaintiff
This plaintiff is already very fragile.
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What is Remittitur
If a jury award is too high, a judge may offer this to the plaintiff -- a lower award or new trial
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What is Plea bargain
When a criminal defendant admits guilt, usually in exchange for a lower sentence
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What is Federal Circuit
This is where appeals from Court of Federal Claims and patent cases go
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What is New York Times v. Sullivan
To be found liable for defaming a public figure, one must act with actual malice
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What is Assault
But I just made him think I was going to throw the chair at him
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What is Writ of Certiorari
The Supreme Court took my appeal at its discretion, it must have granted this.
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What is Racketeer Influenced and Corrupt Organizations Act
RICO
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What is Southern District of New York
The “mother court”
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What is Miranda v. Arizona
You have the right to remain silent
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