BSL 261 TEST WITH
CORRECT SOLUTION
Sources of law in the United States - ANSWER -Written or Statutory law
-Common law
Written or Statutory Law - ANSWER -United States constitution/state constitutions
-Treaties
-Statutes and ordinances at the federal, state and local level
-Executive orders
-Administrative regulations and orders (state or federal)
Common Law - ANSWER -Judicial decisions
-Changes as things around it change
Stare Decisis - ANSWER -The key doctrine of the common law
-Past cases have an effect on future cases
Non compete - ANSWER -Can't work for a competitor
Plaintiff - ANSWER -An individual or entity which makes a legal claim against another
individual or entity
-A party to a civil action
Defendant - ANSWER -An individual or entity which is accused of harm
-The term defendant is used in both criminal and civil cases, the term itself does not
imply that the party actually did anything wrong
Appellant - ANSWER -A party who has appealed a case to a higher court
Appellee - ANSWER -A party to a case which has been appealed
Who decides in the US legal system? - ANSWER -Judge or jury
The Sixth Amendment - ANSWER -Guarantees the right to trial by jury in all criminal
cases
,The Seventh Amendment - ANSWER -Guarantees the right to trial by jury in certain civil
cases
Who decides if the case is tried before a jury? - ANSWER -The jury decides factual
issues, the judge decides legal issues
A case is tried before a judge if - ANSWER -There is no right to a jury trial OR
-All parties agree to waive their right to a jury trial
Bench trial - ANSWER -A trial before a judge
-Judge decides factual and legal issues
Appellate court - ANSWER -Higher court which reviews the decisions of judges and
juries in lower court
-Does not re-determine facts but decides if the law was correctly applied to the facts
Tort - ANSWER -A wrong or harm done by one person/entity to another
-Law provides remedies to individuals who are harmed by these wrongs
-Civil law concept(many criminal wrongs also have tort counterparts)
-Some have the same name in both criminal and civil
-Assault or Battery can be a criminal act or a civil tort
-An intentional killing can be a crime(homicide) or a civil tort(wrongful death)
Two Main Types of Torts - ANSWER -Intentional
-Negligence/Unintentional
Intentional tort - ANSWER -A tort committed against another with the intent to harm
Negligence/Unintentional Tort - ANSWER -A tort committed without the intent to harm
-Negligence requires a consideration of fault
Products liability/Strict liability - ANSWER -Liability for harm that attaches without a
consideration of intent or fault
Assault - ANSWER -Threat of immediate harm of offensive contact AND
-Any action that can reasonably cause apprehension of physical harm
- (Physical contact is unnecessary and threats of harm in the future are insufficient)
-Intentional
Battery - ANSWER -Unauthorized harmful or offensive physical contact
, -That causes actual injury
-Intentional
Doctrine of Transferred intent - ANSWER -If person A intends to harm person B, but
instead harms person C, person A's intent to harm person B is transferred to person C.
Person C can sue person A for intentional harm, even though person A did not intend to
harm person C.
-Doctrine of transferred intent is not a tort, it is a mechanism that helps the party that
caused the harm be liable
False Imprisonment - ANSWER -Restraining or confining another person
- Restrain may be physical, verbal, or otherwise
- Restraint must be complete
-Without authority or justification
-Exceptions: The shopkeeper's privilege/Merchant Protection Statutes
-Must be reasonable grounds for suspicion
-Restraint must be for a reasonable time
-Investigation conducted in reasonable manner
-Intentional
Conversion - ANSWER -The wrongful possession or disposition of the property of
another
-Dominion over or possession of anothers property
-Which is a denial of or is inconsistent with the owners rights
-Intentional
Invasion of Privacy - ANSWER -A violation of an individual's right to be free from
unwanted publicity
-Public information cannot be the basis for this claim
-"False light" invasion of privacy is where someone does something to place the victim
in a false light in others eyes
-Intentional
Defamation - ANSWER -Defendant must have made an untrue statement of fact about
the plaintiff(capable of defamatory meaning)
CORRECT SOLUTION
Sources of law in the United States - ANSWER -Written or Statutory law
-Common law
Written or Statutory Law - ANSWER -United States constitution/state constitutions
-Treaties
-Statutes and ordinances at the federal, state and local level
-Executive orders
-Administrative regulations and orders (state or federal)
Common Law - ANSWER -Judicial decisions
-Changes as things around it change
Stare Decisis - ANSWER -The key doctrine of the common law
-Past cases have an effect on future cases
Non compete - ANSWER -Can't work for a competitor
Plaintiff - ANSWER -An individual or entity which makes a legal claim against another
individual or entity
-A party to a civil action
Defendant - ANSWER -An individual or entity which is accused of harm
-The term defendant is used in both criminal and civil cases, the term itself does not
imply that the party actually did anything wrong
Appellant - ANSWER -A party who has appealed a case to a higher court
Appellee - ANSWER -A party to a case which has been appealed
Who decides in the US legal system? - ANSWER -Judge or jury
The Sixth Amendment - ANSWER -Guarantees the right to trial by jury in all criminal
cases
,The Seventh Amendment - ANSWER -Guarantees the right to trial by jury in certain civil
cases
Who decides if the case is tried before a jury? - ANSWER -The jury decides factual
issues, the judge decides legal issues
A case is tried before a judge if - ANSWER -There is no right to a jury trial OR
-All parties agree to waive their right to a jury trial
Bench trial - ANSWER -A trial before a judge
-Judge decides factual and legal issues
Appellate court - ANSWER -Higher court which reviews the decisions of judges and
juries in lower court
-Does not re-determine facts but decides if the law was correctly applied to the facts
Tort - ANSWER -A wrong or harm done by one person/entity to another
-Law provides remedies to individuals who are harmed by these wrongs
-Civil law concept(many criminal wrongs also have tort counterparts)
-Some have the same name in both criminal and civil
-Assault or Battery can be a criminal act or a civil tort
-An intentional killing can be a crime(homicide) or a civil tort(wrongful death)
Two Main Types of Torts - ANSWER -Intentional
-Negligence/Unintentional
Intentional tort - ANSWER -A tort committed against another with the intent to harm
Negligence/Unintentional Tort - ANSWER -A tort committed without the intent to harm
-Negligence requires a consideration of fault
Products liability/Strict liability - ANSWER -Liability for harm that attaches without a
consideration of intent or fault
Assault - ANSWER -Threat of immediate harm of offensive contact AND
-Any action that can reasonably cause apprehension of physical harm
- (Physical contact is unnecessary and threats of harm in the future are insufficient)
-Intentional
Battery - ANSWER -Unauthorized harmful or offensive physical contact
, -That causes actual injury
-Intentional
Doctrine of Transferred intent - ANSWER -If person A intends to harm person B, but
instead harms person C, person A's intent to harm person B is transferred to person C.
Person C can sue person A for intentional harm, even though person A did not intend to
harm person C.
-Doctrine of transferred intent is not a tort, it is a mechanism that helps the party that
caused the harm be liable
False Imprisonment - ANSWER -Restraining or confining another person
- Restrain may be physical, verbal, or otherwise
- Restraint must be complete
-Without authority or justification
-Exceptions: The shopkeeper's privilege/Merchant Protection Statutes
-Must be reasonable grounds for suspicion
-Restraint must be for a reasonable time
-Investigation conducted in reasonable manner
-Intentional
Conversion - ANSWER -The wrongful possession or disposition of the property of
another
-Dominion over or possession of anothers property
-Which is a denial of or is inconsistent with the owners rights
-Intentional
Invasion of Privacy - ANSWER -A violation of an individual's right to be free from
unwanted publicity
-Public information cannot be the basis for this claim
-"False light" invasion of privacy is where someone does something to place the victim
in a false light in others eyes
-Intentional
Defamation - ANSWER -Defendant must have made an untrue statement of fact about
the plaintiff(capable of defamatory meaning)
