Latin for the thing speaks for itself negligence on

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– Latin for “the thing speaks for itself” – negligence on the part of the defendant can be assumed, victim not required to prove 4 elements of tort negligence 25) Conversion – is a tort where a person uses someone else’s property indefinitely or destroys it without permission a) Examples: robbery, driving off in someone else’s car and crashing it 26) Amendments a) 1 st Amendment – Freedom of Speech, Freedom of Press, Freedom of Religion, Right to Appeal “petition” to lobby legislature, Right to Assemble – protest, march, demonstrate, carry signs. a.i) Prevents the government from: (a.i.1) establishing an official religion or being involve in religious affairs (a.i.2) establishing laws that interfere with an person’s ability to practice their religion, without a compelling reason (a.i.3) freedom of speech (a.i.3.a) Only if it presents a “clear and present” danger… Yelling “fire” in a crowd (a.i.3.b) or inciting violence or generating other “substantive evils” (a.i.4) commercial speech – congress has ability to regulate (a.i.4.a) speech regarding commercial or economic activities (a.i.4.b) such as illegal activity or misleading information (a.i.5) Content-Neutral Restrictions – referred to as time, place, and manner restrictions
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BUSINESS LAW - CLEP (a.i.5.a) Subject to intermediate scrutiny b) 5 th Amendment - Double Jeopardy, Pleading the 5 th , Miranda Rule, Property Rights, Taking Clause c) 14 th Amendment – Due Process, c.i) No person shall be “deprived of life, liberty, or property without due process” c.ii) Both amendments affect the same interest (c.ii.1) 5 th Amendment applies to Federal Government (c.ii.1.a) Also restricts government takings, government cannot take property without compensation (to build a highway, etc.) (c.ii.2) 14 th Amendment applies to States (c.ii.2.a) Also contains an equal protection clause, no d) 5 th and 14 th Amendments apply to laws that are discriminatory d.i)Discriminates between groups of people d.ii) Applied differently to different groups d.iii) Have a discriminatory purpose e) Determination whether a law violates EQUAL Protection e.i) People are divided into three classes (e.i.1) Suspect classification – based on race, religion, national origin or alienage or otherwise involving a fundamental right (e.i.1.a) court applies strict scrutiny of government regulation (e.i.1.a.i) government must demonstrate that the regulation serves the governments interest (e.i.1.b) almost always found to be unconstitutional (e.i.1.b.i) Examples: interracial marriage Loving vs. Virginia (e.i.2) Quasi-Suspect classification – gender and legitimacy (e.i.2.a) Courts apply intermediate scrutiny (e.i.2.a.i) Must meet an important government interest e.i.2.a.i.1. Examples: a law providing alimony for women and a law providing for an all male draft (e.i.3) Rational Basis Test classification – all others (e.i.3.a) Regulation will be upheld if related to legitimate government interest (e.i.3.b) Government must offer a 27) Criminal Law
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