Kurtz 1 Lauren Kurtz Professor Richard Daniels 10 October 2011 BMGT380 Business Law 1st Midterm Fall 2011 1 a civil wrong other than a breach of contract Some examples of this include assault battery defamation conversion false imprisonment invasion of privacy public disclosure of private facts deceit fraud and trespassing among others 2 let the decision stand a doctrine that states that cases should be decided the same way as similar past cases due to the same facts and legal issues being presented in court 3 the court s jurisdiction over the person based on residence location or activities of the defendant 4 jurisdiction over the property within the state based on its presence in that state regardless of its owner s residence 5 negligence caused by a breach of a contract This claim concludes that the plaintiff is protected under the terms of the contract and has suffered harm due to the breach of that contract 6 the thing speaks for itself A doctrine that claims that a breach of a duty of care can be inferred from the case itself because the defendant s negligence was the cause of another person s harm and a breach 7 American Arbitration Association An organization that provides alternative dispute resolution for people in cases who prefer to settle outside of a court 8 Alternative Dispute Resolution Many people prefer to settle cases outside of court because going to court is time consuming and expensive 9 not withstanding the verdict when one party wins a judgment so after the jury has reached a verdict against the party they ask the jury to reverse the decision 10 a form of alternative dispute resolution in which a neutral third party arbitrator resolves the dispute by hearing the case and issuing a binding decision 11 another form of alternative dispute resolution in which an objective third party arbitrator helps the disputing parties reach a resolution by opening their line of communication and suggesting a settlement 12 A type of intellectual property that is used to identify a product Examples of this include a symbol phrase or design Kurtz 2 13 a right granted by the government that gives a person exclusive rights over an invention for a certain period of time typically 20 years the government bars the public from making or selling the product for the period of time that the patent covers 14 a way of confidentially sharing creating or distributing information within a specific business that may cause them to gain a competitive edge 15 a ruling established in a previous legal case that a court should use when deciding rulings for similar subsequent cases 16 4th Circuit 17 writ of certiorari 18 Trademark Electronic Search System 19 False 20 False 21 False 22 True 23 False 24 Full strict scrutiny commercial 25 Full strict scrutiny noncommercial 26 Intermediate scrutiny 27 Full strict scrutiny 28 Intermediate scrutiny 29 Rational basis test 30 A it is customary to do so Kurtz 3 31 40 I freedom of speech press religion the state cannot establish a religion II the right to bear arms III no quartering of soldiers in times of peace IV prohibits unreasonable search and seizure V due process of law pleading the fifth means they cannot force you to testify against yourself and incriminate yourself VI the right to a fair and speedy trial VII the right to a trial by jury VIII no cruel and unusual punishment prohibits excessive fines and bail IX protection of rights retained by people that are not specifically stated in the Bill of Rights X any powers that are not delegated to the Federal government are reserved to the states and people Essay 1 assumed the risk of hazing by voluntarily resuming pledging activities He claims that he was the victim of the intentional torts or civil wrongs other than the breach of a contract that require intent on part of the defendant including assault and battery when he was physically abused during the 2 paddling his buttocks 3 pushing and kicking him 4 making him run a gauntlet in which he was pushed hit and kicked In the case of Jones vs Kappa Alpha Fraternity the issue is whether or not Jones The rule at law claims that for someone to be convicted of assault and battery the defendant must intentionally commit harmful physical contact to the plaintiff or at least threaten to commit this harmful contact While these applied facts are undisputable there is a rule of consent which states that the defendant cannot be held liable if the plaintiff voluntarily participates in the activity The fact that Jones consented to be a part of the pledging process is means for the defendants to not be held responsible To apply these rules Jones might claim that he experienced intentional infliction of emotional distress While the defendants did intentionally inflict the distress these claims would not hold true because the plaintiff consented to the outrageous behavior While harm to the plaintiff may have occurred his consent renders the defendants to not be liable The court should rule that the defendants are entitled to summary judgment because Jones consented to the pledging he therefore consented to the hazing He continued to pledge although he witnessed others drop out due to the hazing once again reinforcing that he had the ability and opportunity to not participate Due to assuming the risk of hazing he was kicked out of school because of poor grades which was his own fault In conclusion the defendants cannot be held liable due to the rule of consent Kurtz 4 Essay 2 The University of Maryland is assuming great risk by allowing for the live video surveillance feeds of their gym and diner A potential lawsuit that UMD could face for these online streams showing an individual s exact location is a case in which a female student is being violently pursued by a male suitor In a case named Plaintiff vs University of Maryland the defendant would sue UMD for a tort or civil wrong by means of invasion of privacy whereas an intrusion on seclusion occurred In this case the issue would be whether UMD invaded the plaintiff s privacy whereas the individual found it unreasonable and offensive A specific rule at law would be to include the Violence Against Women Act This act protects victims of gender related attacks or crimes To apply this rule if someone who is using UMD s surveillance cameras to track her pursues the plaintiff she will claim that the University of Maryland violated her privacy and therefore put her in harms way with this act In conclusion the University
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