LGST Final Study Guide

LGST Final Study Guide - Jen Millman LGST Final Exam Review...

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Jen Millman LGST Final Exam Review 1 Previous Tests Fourth Amendment: protects against unreasonable search and seizure Search: person, car, house, etc. Seizure: take something (find with drugs, may take bag of money; fingerprints, etc.) to use as evidence o Blood test, drug tests, etc. o Can’t refuse writing sample Must have warrant to make it legal o Good Warrant: Needs probable cause and a judge’s approval Lists where you get to search/what you are looking for Must be specific but don’t want it too specific because it can limit your search o Don’t need warrant: For anything in plain view Anytime subsequent to a lawful arrest Cops can search car but not locked areas without warrant Cell phones o If judge later determines bad warrant or not probable cause, all evidence found is thrown away except: Evidence they would have found anyway Good faith mistake (wrong address on warrant, etc.) KYLLO case: heat imaging need a warrant Fifth Amendment: provides many protections to individuals Right to a grand jury Due Process Clause: right to life, liberty, property without due process of law o Procedural Due Process: individuals are entitled to trial before losing life, liberty, or property (procedural steps before losing them) o Substantive Due Process: right to sue; laws depriving individuals of liberty or property must be fair/equal for everyone Takings Clause (Imminent Domain): government has the right to take private property for public good but it must pay the owner just compensation KELO case: economic good is fine o Regulatory takings : government can take away the value from a property you already own without compensation (ie zoning, rent control, etc) Double Jeopardy: cannot be tried twice for same crime in criminal court o Can be tried in civil and criminal though Self Incrimination: don’t have to say anything that could lead to self-incrimination o Miranda Rights : used to protect people who are under questioning/arrest (helps to prevent self incrimination and protect 4th/5th amendment rights)
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Jen Millman LGST Final Exam Review 2 Intentional Torts Intentional : defendant took purposeful action that he or she knew would harm the plaintiff o Required for Intentional Tort Intent Actual Transferred Implied Willful Action : intent must result in act of free will Causation : intent must directly be the cause of the tort Harm : results in any form of harm/damage to the plaintiff’s person or property
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Jen Millman LGST Final Exam Review 3 Products Liability Product Liability = specialized tort claim Must have product (a tangible item that is sold) o Ex : disc is product, software is not Negligence in Products Liability (can sue anyone involved) To be successful the plaintiff must prove the elements of negligence: 1. The defendant manufacturer owed a duty of care to the plaintiff 2. The defendant breached the duty of care 3. This breach of duty caused the plaintiff’s injury 4.
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