Flashcards: American Rights and Tort Law Fundamentals — 24 cards

Bill of Rights — first ten amendments?

Protect fundamental freedoms and limit government power.

1st Amendment — guarantees?

Freedom of speech, religion, press, and assembly.

2nd Amendment — right?

Right to bear arms, with regulations.

5th Amendment — protections?

Right to remain silent, protection against self-incrimination, due process.

6th Amendment — guarantees?

Fair, speedy, public trial, lawyer, impartial jury.

Miranda Rights — include?

Right to remain silent, anything said can be used against, right to lawyer.

Ernesto Miranda — case?

Established that suspects must be informed of rights before interrogation.

Miranda v. Arizona — significance?

Created Miranda Rights to protect suspects' constitutional freedoms.

1980s America — characteristic?

Wealth, consumerism, inequality, social excess.

Menendez family background?

Immigrated from Cuba, wealthy through entertainment industry.

Menendez Murders — confession?

Erik confessed to psychologist, recorded, later revealed.

Menendez Murders — investigation?

Police dismissed mafia theory; obtained warrant based on confession.

Menendez Trials — defense?

Claimed mental illness, self-defense due to abuse.

Jury procedures — challenges?

Peremptory and for-cause challenges select jurors.

Leslie Abramson — role?

Defended Erik, emphasized victimization, influenced trial development.

Mark Chapman — motive?

Obsessed with novel, sought notoriety, killed John Lennon.

Chapman — plea?

Plead guilty, raised insanity defense, found guilty of murder.

John Hinckley — obsession?

Obsessed with Jodie Foster, attempted Reagan's assassination.

Hinckley — plea?

Insanity, found not guilty by reason of insanity, hospitalized.

Tort law — elements?

Duty of care, breach, damage, causation.

Notable tort case — Liebeck v. McDonald's?

Hot coffee burns, awarded damages, highlighted product liability.

Product liability — development?

Based on duty of care, established in MacPherson v. Buick.

Duty of care — principle?

Manufacturers owe duty to consumers; foreseeability matters.

Negligence — what?

Failure to meet standard of reasonable care causing harm.