WHAT IS THE "BURDEN OF PROOF?" (2 POINTS) - answer✔Evidence that my statement of the
case is correct
WHAT IS THE BURDEN OF PROOF IN A CIVIL CASE? (2 POINTS) - answer✔Preponderance of the
evidence; "more likely than not"; 51%
WHAT IS THE BURDEN OF PROOF IN A CRIMINAL CASE? (2 POINTS) - answer✔"Beyond a
reasonable doubt"; often over 99%
WHAT IS MENS REA? (2 POINTS) - answer✔The intention or knowledge of wrongdoing that
constitutes part of a crime
WHAT SORT OF WORDS ARE USED IN STATUTES TO EXPRESS MENS REA IN A CRIMINAL CASE?
(2 POINTS) - answer✔"A guilty mind"; "a criminal intent"; "guilt knowledge or willfulness"
WHAT IS A TORT? (2 POINTS) - answer✔A civil wrong (generally) for which a legal remedy
exists; an act that is "twisted" from normally accepted behavior
WHAT IS TORT REFORM? (2 POINTS) - answer✔Implies that Tort Cases are frivolously brought,
and that the Tort system is "out of whack"
WHAT IS THE "RESTATEMENT OF TORTS" AND HOW DOES IT ASSIST JUDGES? (4 POINTS) -
answer✔The "restatement of torts" is a book produced by the American Legal Institute, but
together by eminent legal scholars and professors. The book produces "Black Letter Law",
which is law that is very well settled.
It serves as a persuasive authority, but it is not binding in courts.
PROPERTY LAW CONCERNS MORE THAN OWNERSHIP OF THINGS. WHAT NON-TANGIBLE
THINGS ARE ALSO CONSIDERED PROPERTY? (3 POINTS) - answer✔Aesthetic Value, Commercial
Value (mcdonalds' golden arches, nike swoosh), Intellectual value (song lyrics, books, patents)
WHAT DOES A PATENT PROTECT? (2 POINTS) - answer✔Creative Ideas
WHAT IS THE DIFFERENCE BETWEEN A COPYRIGHT AND A TRADEMARK?
GIVE AN EXAMPLE OF A TRADEMARK. (2 POINTS) - answer✔Copyright: Protects creativity
(song lyrics, book, patents)
Trademark: protects commercial value
(swoosh, face and name, golden arches)
FROM WHERE DOES CONGRESS DERIVE ITS GENERAL RIGHT TO TAX? (2 POINTS) -
answer✔Spending Clause - Article 1 of Constitution
WHAT CONSTITUTIONAL AMENDMENT SANCTIONS THE INCOME TAX? (2 POINTS) -
answer✔16th amendment
LIST TWO TYPES OF TAXES THAT MIGHT BE LEVIED. (4 POINTS) - answer✔Income or sales
LIST THE 3 ELEMENTS OF A CONTRACT. (6 POINTS) - answer✔1. Offer
2. Acceptance
3. Consideration
WHAT PURPOSE DO CONTRACTS SERVE IN SOCIETY? (2 POINTS) - answer✔Provide mechanism
by which society works
In market economy contracts provide means for work to get done, goods to be distributed, and
labor and production coordinated
MUST ALL CONTRACTS BE IN WRITING TO BE ENFORCEABLE? (2 POINTS) - answer✔No, but it is
a good idea for contracts to be written.
Exceptions (statute of frauds, must be in writing):
- Contract to pay someone else's debt
- Contract for the sale of an interest in land
- Contract not to be performed w in 1 yr of time of making
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