Flashcards: American Rights and Tort Law Fundamentals — 24 cartões

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1Pergunta

Bill of Rights — first ten amendments?

Resposta

Protect fundamental freedoms and limit government power.

2Pergunta

1st Amendment — guarantees?

Resposta

Freedom of speech, religion, press, and assembly.

3Pergunta

2nd Amendment — right?

Resposta

Right to bear arms, with regulations.

4Pergunta

5th Amendment — protections?

Resposta

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

5Pergunta

6th Amendment — guarantees?

Resposta

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

6Pergunta

Miranda Rights — include?

Resposta

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

7Pergunta

Ernesto Miranda — case?

Resposta

Established that suspects must be informed of rights before interrogation.

8Pergunta

Miranda v. Arizona — significance?

Resposta

Created Miranda Rights to protect suspects' constitutional freedoms.

9Pergunta

1980s America — characteristic?

Resposta

Wealth, consumerism, inequality, social excess.

10Pergunta

Menendez family background?

Resposta

Immigrated from Cuba, wealthy through entertainment industry.

11Pergunta

Menendez Murders — confession?

Resposta

Erik confessed to psychologist, recorded, later revealed.

12Pergunta

Menendez Murders — investigation?

Resposta

Police dismissed mafia theory; obtained warrant based on confession.

13Pergunta

Menendez Trials — defense?

Resposta

Claimed mental illness, self-defense due to abuse.

14Pergunta

Jury procedures — challenges?

Resposta

Peremptory and for-cause challenges select jurors.

15Pergunta

Leslie Abramson — role?

Resposta

Defended Erik, emphasized victimization, influenced trial development.

16Pergunta

Mark Chapman — motive?

Resposta

Obsessed with novel, sought notoriety, killed John Lennon.

17Pergunta

Chapman — plea?

Resposta

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

18Pergunta

John Hinckley — obsession?

Resposta

Obsessed with Jodie Foster, attempted Reagan's assassination.

19Pergunta

Hinckley — plea?

Resposta

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

20Pergunta

Tort law — elements?

Resposta

Duty of care, breach, damage, causation.

21Pergunta

Notable tort case — Liebeck v. McDonald's?

Resposta

Hot coffee burns, awarded damages, highlighted product liability.

22Pergunta

Product liability — development?

Resposta

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

23Pergunta

Duty of care — principle?

Resposta

Manufacturers owe duty to consumers; foreseeability matters.

24Pergunta

Negligence — what?

Resposta

Failure to meet standard of reasonable care causing harm.

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1. What is the primary role of the 5th Amendment in the American Bill of Rights?

2. What is the primary purpose of the Miranda Rights established by Miranda v. Arizona?

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