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55 Cards in this Set
- Front
- Back
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What are the eight Affirmative Defenses
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Infancy, Mistake of Fact, Intsoxication, Insanity, Duress, Entrapment, Necessiy, Justifiable use of force
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Infancy Defense
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defendant doesn't have the capacity to understand what they did was wrong. Doesn't understand the severity
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Mistake of Fact Defense
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Someone simply made a mistake (grabbed the wrong coat)
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Intoxication Defense
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You have to prove the intoxication wasnt your fault and that the level of intoxication led you to not understand that what you did was wrong. (you were forced to drink or your drink was spiked)
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Insanity Defense
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Inablilty to appreciate wrongfulness or the difference between right and wrong.
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Duress Defense
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When theres the threat of bodily harm, immediately in threat of bodily harm. Has to be greater than the crime against you.
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Entrapment Defense
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the suggestion to commit a crime byu a government official without predisposition
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Necessity Defense
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commit a crime to avoid a greater crime being committed
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Justifiable Use of Force Defense
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defense of property. (you can tackle someone but no spring loaded shotgun). self defense.
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4th Amendment
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No unreasonable search and seizure. Gov. cant search w/o:
A) warrant - has to be specific B) consent C) Probable Cause probable cause cannot be profiling. Airport - Arab pulled over - black |
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5th Amendment
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A) Double Jeopardy - can't be tried twice for the same crime
B) No obligation to incriminate self C) Due process - you have to be givne a fair legal trial |
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6th Amendment
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A) Quick, speedy and public trial - you are guaranteed
B) Guaranteed an impartial jury of your peers C) Have the right to be informed of accusation D) Right to confront wintesses E) Right to have witnesses F) Right to have counsel |
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8th Amendment
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A) No cruel or unusual punishment
B) No excessive bail C) No excessive fines |
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14th Amendment
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The amendments have to be followed.
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3 purposes of Tort Law
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Purpose is to compensate the aggrieved party (person that has been harmed).
To avoid vigilante justices To create a fair and just society |
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Three Types of Tort Law
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Intentional
Negligence Strict Liability |
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What are the three classifications of Torts
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Person
Privacy Property |
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What are the three intentional torts that can be committed on a person
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Assault
Battery Defamation |
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What is the definition of Assault in Tort Law
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One person places another in fear or apprehension of an immediate and offensive bodily contact
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What is the definition of Battery in Tort Law
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intentional unwanted physical contact.
A person cannot say hit me and then get battery |
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What are the four defenses of Battery in Tort Law
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1. Consent
2. Self Defense 3. Defense of others 4. Defense of property I committed battery because of.... |
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What is the definition of Defamation in Tort Law
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Intentional publication of a false statement bringing harm to reputation
Slander - oral Libel - recorded |
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What are the two defenses of Demation in Tort Law
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1. Truth
2. Privelage Absolute privilege - Statement said when completely protected. Conditional privilege - public speakers speaking about other public figures |
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What are the four torts that can be committed against privacy
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1. False Light - created an impression about someone
2. Public Disclosure of private facts 3. Appropriation for commerical gain 4. Intrusion |
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What is the definition of Tort Law
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Commonly defined as a wrong or injury to another, other than a breach of contract
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What are the Torts that can be committed against property
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Trespassing and Conversion
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What is the definition of Trespassing in Tort Law. Four parts
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1. Non permissible entry onto land of another
2. Cause object to land onto land of another 3. Stay on land when asked to leave 4. Refuse to remove an object when asked |
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What is the defintion of Conversion in Tort Law
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Civil theft. The suing of someone to cover the value of what was stolen from you
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What is the definition of Negligence Tort
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Occur when the defendant acts in a way that subejects other people to an unreasonable risk of harm
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What are the four negligence torts that the plaintiff can claim occured?
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Duty
Breach Causation Damages |
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What is the definition of a duty negligent tort.
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A duty to care for or protect someone
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What are the three duties in negligence torts?
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Statutory - certain people are obligated to do certain things
Fiduciary - financial duty (owner to stock holders) Common Law - Judge created societal standards |
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What is the definition of a breach negligent tort
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Is violating a statute.
Wreckless driving caused harm to others |
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What are the two causation negligent torts.
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actual causation
proximate causation |
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What does it mean to shift burden?
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Burden shifts from the plaintiff proving this occured to defendent proving, no it didn't occur.
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What are the two shift burden doctrines
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Negligence per se
Res ipsa loquitor |
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What is negligence per se?
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the legal doctrine whereby an act is considered negligent because it violates a statute (or regulation).
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What is Res ipsa loquitor "the thing speaks for itself mean"?
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There's no way to prove it occurred but it did occur.
a) No possibility for such an occurance w/o negligence b) Not caused by someone else c) negligence is within defendents scope. |
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What are the four affirmative defenses in tort law?
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1. Contributory Negligence
2. Comparative Negligence 3. Assumption of Risk 4. Superceding Cause |
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What is contributory negligence?
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The plaintiff was also negligent. "Last Clear Chance" doctrine
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What is comparative negligence? two parts
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Pure comparative negligence - 25% only can recover 75% of damages
Modified comparative negligence - same as pure but if you are greater than 50% at fault then you get nothing Each state has their own negligence doctrine. |
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What is assumption of risk? two parts
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Express/consent - sign something or assume risks w/ purchase of ticket
Implied - risks inherent in participation (33 yr old pulls hamstring playing soccer) |
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What is superseding cause?
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Its when its impossible to prove causation to make someone guilty.
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What are strict liability torts?
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1. Risk of serious harm - did the activity have risk of serious harm
2. Not possible to perform the activity safely 3. Action not normally performed in society - the use of dynamite in the backyard - Drag/street racing |
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What are federalism and judicial review apart of?
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Constitutional Law
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What are the six clauses that give the federalism power?
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1. Supremacy Clause
2. Commerce Clause 3. Taxing and Spending Clause 4. Privaleges and Immunities Clause 5. Full Faith and Credit Clause 6. Contract Clause |
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What does the supremacy clause do?
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Makes it so that state laws can't be less restrictive than federal law
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What does the Commerce Clause do? 2 parts
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Express common clause - substantial relationship to interstate commerce
Dormant common clause - states cannot makes loaw which unreasonably interfere with Interstate commerce |
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What does the taxing and spending clause do?
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The federal government has power to tax and to spend its money
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What does the privelages and immunities Clause do?
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No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
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What does the full faith and credit clause do?
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Each state must honor another states decisions.
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What does the contract clause do?
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Governments may not make rules which invalidate contracts
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What 2 speeches does the first amendment protect and what 4 does it not protect?
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Political Speech (politcis or religion) and Commercial Speech
Fighting words or panic words Libel/slandor Profanity Lewd or obscene |
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Study Religion Clause
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Study Religion Clause
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Study State Court Systems, Federal Court Systems
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Study State Court Systems, Federal Court Systems
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