Legal Principles and Foundations Flashcards

In tort law, which element requires a plaintiff to show that the defendant's negligent act directly caused the plaintiff's injury?

Answer: Proximate cause

Proximate cause (legal cause) requires that the defendant's breach was a foreseeable and direct cause of the plaintiff's injury.

Which constitutional amendment protects U.S. citizens against unreasonable searches and seizures?

Answer: Fourth Amendment

The Fourth Amendment prohibits unreasonable searches and seizures and generally requires law enforcement to obtain a warrant.

What is 'promissory estoppel' designed to prevent?

Answer: Unjust enrichment when no contract exists but a promise was reasonably relied upon

Promissory estoppel enforces a promise when the promisee reasonably relied on it to their detriment, preventing injustice even without consideration.

Under common law, which of the following best describes 'respondeat superior'?

Answer: An employer is liable for tortious acts of employees committed within the scope of employment

Respondeat superior holds employers vicariously liable for torts committed by their employees acting within the scope of their employment.

Which type of law is created by administrative agencies through regulations and rules?

Answer: Administrative law

Administrative law consists of rules, regulations, orders, and decisions created by administrative agencies authorized by enabling legislation.

What is the legal significance of 'mens rea' in criminal law?

Answer: It refers to the criminal intent or guilty mind required for most crimes

Mens rea is the mental element or criminal intent required to establish criminal liability alongside the physical act (actus reus).

In legal ethics, what term describes the duty of a lawyer to keep client communications confidential?

Answer: Attorney-client privilege

Attorney-client privilege is an evidentiary rule that protects confidential communications between attorney and client from compelled disclosure.