Bus Law Prof Hackney Gonzaga University Exam 1 Questions And Answers Rated A+

"Qualified Privilege--Defamation" - Media privilege to print inaccurate information so long as a retraction is printed and there was no malice. Attaches to what your doing when your doing it "Tortious Contract Interference--Defamation* - In which a third party interferes with other's freedom to contract 14th Amendment - Equal Protection Have to have a basis to treat people, but can still treat people differently. 4 Jurisprudential Schools - Historical, Realist, Positivst, Natural Law 4 Powers of the Constitution - Delegated Powers, Shared Powers, Police Power, Prohibited Powers 4th Amendment - Protects against unreasonable search and seizures 5th Amendment - Can't be forced to testify for yourself; constitutional protection against selfincrimination; also guarantees due process 6th Amendment - Can confront a witness, right to a lawyer, right to speedy, public trial by jury - leads to a lot of cases being dismissed. 7th Amendment - Right to a Jury Trial - only based in law 8th Amendment - Cruel and Unusual Punishment, Excessive Bail (has to be proportional to the crime)9th Amendment - Not limited to enumerated rights A Breach of Duty of Care--Tort of Negligence - Reasonable man of ordinary prudence (not being careful) A crime consists of two elements: - 1) A mental state 2) an act or omission Action/Omission "actus rea" - - physical act or omission Affectation Doctrine - Expanded authority of federal government in regulating interstate commerce (A state cannot impose a higher tax on goods imported from another state than it imposes on the same kind of goods produced in its own territory) Agency - Relationship is created by an express or implied agreement whereby one person, the agent, is authorized to make contracts with third persons on behalf of and subject to the control of another person, the principal. Agent - Works for you and makes contracts on your behalf "scope of his authority •Means you are legal age (18) only for principal •*Must be consensual •*Fiduciary - fides - fate/trust relationship - owed by agent to the principal •No writing required unless by statute (except real estate)