what

Parties include plaintiff (person filing suit), defendant (person sued or charged with a crime)

The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters

The branch of law that defines and punishes wrongful actions committed against society.

Any law or regulation that involves how people use computers, smartphones, the internet and other related technology is _____. ______ is also called digital law.

1.When the defendant conducts substantial business over the Internet, jurisdiction is proper.2. When there is some interactivity through a Web site, jurisdiction may be proper.3.When a defendant merely engages in passive advertising on the Web, jurisdiction is never proper.

Many employment contracts have binding _______ clauses. • Settling of a dispute by a neutral 3rd party (_____) who renders a legally-binding decision; usually an expert or well-respected government official. Decision is usually final

Involves a neutral 3rd party (_____).• Talks face-to-face with parties (who typically are in different adjoining rooms) to determine "common ground."• Advantages: few rules, customize process, parties control results (win-win). • Disadvantages: _______ fees, no sanctions or deadlines

Constitution gives federal government the powers to regulate interstate commerce. Article 1, Section 8

the prosecutor (the state) who must show that, based on all the evidence presented, the defendant's guilt has been established beyond a reasonable doubt

Fourteenth Amendment. Government must treat similar situation individuals in a similar manner

Strict Scrutiny — compelling government interest• Intermediate Scrutiny — important government objectives

Rational Basis Test

unlawful touching of another person without consent

the unlawful taking of property from a person's immediate possession by force or intimidation

entering a building unlawfully with intent to commit a felony or to steal valuable property

A crime that a person is guilty of when the person receives stolen property that is known to be stolen and the person has the intent to permanently deprive the owner of the property.

The illegal taking of the property of another with intent to deprive the owner thereof.

the fraudulent taking of personal property by someone to whom it was entrusted. It is most often associated with the misappropriation of money. _____ can occur regardless of whether the defendant keeps the personal property or transfers it to a third party

the fraudulent acquisition and use of a person's private identifying information, usually for financial gain.

Deciding new cases based on precedent. A higher court, or an earlier decision by the same level court, is a precedent that has binding authority on the lower court. Departure from precedent only if good reason.

entry to another's property without right or permission

An intentional tort consisting of "taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's right of possession"

Act of harming or ruining another's reputation

duty, breach, causation, damages

wrongful or criminal deception intended to result in financial or personal gain

Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.

the legal exaggeration of praise, stopping just short of deception, lavished on a product

contributory negligence, comparative negligence, assumption of risk

legal responsibility for harm or injury caused by a product regardless of fault