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BLAW 3310 EXAM 1 REVIEW QUESTIONS WITH 100% CORRECT ANSWERS..

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BLAW 3310 EXAM 1 REVIEW QUESTIONS WITH 100% CORRECT ANSWERS

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Is publication of facts already in the public domain an invasion of privacy?


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No, the publication of information about an individual taken from public
files and records does not constitute an invasion of privacy




Commerce Clause


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The clause in the Constitution (Article I, Section 8, Clause 1) that gives
Congress the power to regulate interstate commerce, the basis of much
federal regulation

,Res judicata


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A rule that prohibits the same dispute between two parties from being
relitigated by a court after final judgment has been entered and all appeals
exhausted


(aka- a thing decided by judgement)




Who decides to bring criminal charges?


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Public prosecutors




The holding from Schoenbeck v. Masterlink


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CPM does not, under federal due process standards, have sufficient
minimum contacts with Illinois for the
trial court to exercise general personal jurisdiction




The reasons a court may ignore precedent according to the Tennessee Supreme
court


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, when the prior precedent conflicts with a constitutional provision




How the reasonable person standard applies to doctors?


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Represents how persons in the relevant community ought to behave. "What
should a reasonable,
qualified person have done under the same or similar circumstances?"




Stare decisis


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The use of precedent in deciding current cases, "to stand on decided
cases"




The holding from Lawler v. Montblanc North America


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- Lawler was the store manager- developed a medical condition and
couldn't work full-time
- She informed Montblanc and was told she had to work 40 hours/week
- Company president, Schmitz, visited and lawler testified that he was
unpleasant
- The company offered her severance pay
- She sued for disability discrimination and intentional infliction of
emotional distress
- District Court held for Montblanc

, - The appeals court affirmed and said the actions of Schmitz were not
severe enough to be characterized as outrageous




Judicial Immunity


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A judge is absolute immune from suit for damages for judiciary acts.




The standard required for a conviction


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The government must prove beyond a reasonable doubt:
1. the accused committed the illegal act
there was necessary intent or state of mind to commit the act




Definition of Criminal Negligence


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Gross negligence so extreme that it is punishable as a crime.

Example: involuntary manslaughter




Whether taxes can be used to punish behavior

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