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8) That substantive due process is about whether or not the government can impinge on or take
away something you otherwise have to the right to do or have.
9) That if a governmental law (or action) impinges upon an economic or social right, the law (or
action) is presumed to be valid and will only be stricken down if it is determined the law (or
action) was arbitrary or irrational.
10) That if a government law (or action) impinges upon a fundamental right, the law (or action)
is presumed to be invalid and will only be upheld if it is determined the law (or action) is
necessary to a compelling governmental interest.
11) The three different tests that are used to determine if a government policy, practice, or
regulation that treats some citizens differently than others is a violation of the Fourteenth
Amendment, and the type of classification to which each test is applied:
a) Minimal scrutiny: Economic and Social Relations know how the test is applied.
b) Intermediate scrutiny: Gender know how the test is applied.
c) Strict scrutiny: Race, Ethnicity, and Fundamental Rights know how the test is applied.
The following items are from chapter 6:
12) The meaning of the following terms and expressions: tort; intentional tort; defamation; public
personality; public figure; public official; actual malice; absolute privilege; qualified
privilege; slander; libel; intentional infliction of emotional distress; assault; battery; false
imprisonment; negligence; comparative negligence; contributory negligence; duty; breach of
duty; factual cause; foreseeable type of harm; the reasonable person test (to determine if a
duty has been breached); res ipsa loquitur; strict liability; ultrahazardous activity; the single
recovery principle; punitive damages; compensatory damages; and assumption of the risk.
13) The two required elements of the tort of intentional infliction of emotional distress:
a) Defendant engaged in behavior which was extreme and outrageous
b) Defendants behavior caused serious emotional harm to plaintiff
14) The four required elements of the tort of defamation, and the additional (fifth) element which
only public officials and public figures must prove. That injury (e.g. humiliation,
embarrassment) is tested by how the reasonable reader (or listener) would feel.
15) The two general requirements a defendant with a qualified privilege against a defamation
lawsuit must adhere to in order to retain that privilege.
16) The three required elements of the tort of false imprisonment:
a) Defendant intentionally restrained plaintiff
b) Without reasonable cause, and
c) Without plaintiffs consent
17) The two conditions a store must meet if they want to detain a person suspected of shoplifting
without becoming liable for false imprisonment:
a) Have a reasonable basis for the suspicion
b) Detain them in a reasonable way, and for no longer than a reasonable time
18) The three required elements of the tort of battery:
a) A touching
35) The effect of the U.S. Supreme Courts decision in Miranda v. Arizona on custodial
interrogations by the police. That Miranda applies to custodial interrogations. Know what a
custodial interrogation is.