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20 Cards in this Set
- Front
- Back
Elements of a cause of action for prostitution...
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1) Providing
2) sexual services 3) in exchange for compensation |
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Elements of a cause of action for rape...
(Common Law) |
1) Sexual intercourse with
2) a woman, not the man's wife 3) committed without the victims consent and by using force. |
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Elements of a cause of action for rape...
(Modern Approach) |
1) Sexual intercourse
2) with another against that persons will or without that persons consent and 3) by the use of force or under such a threat of force that a reasonable person would have believed that resistance would have resulted in serious bodily harm or death. |
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Elements of a cause of action for indecent exposure...
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1) An intentional exposure
2) of one's private parts 3) in a public place. |
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Elements of a cause of action for robbery...
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1) Trespassory taking
2) and carrying away (asportation) 3) of personal property 4) from another's person or presence 5) using either force or threat of force 6) with an intent to steal the property. |
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Elements of a cause of action for burglary...
(Common Law) |
1) The breaking and entering
2) of another's dwelling 3) at night 4) for the purpose of committing a felony 5) once inside. |
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Elements of a cause of action for burglary...
(Modern Approach) |
1) Unlawful entry
2) of another person's building or structure 3) for the purpose of committing a felony or stealing from the premises 4) once inside. |
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Elements of a cause of action for battery...
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1) Intentional
2) unwanted 3) physical contact. |
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Elements of a cause of action for murder...
(Common Law) |
1) The unlawful killing of a
2) human being with 3) malice aforethought. |
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Elements of a cause of action for extortion...
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1) The taking or acquisition of
property 2) of another 3) using a threat 4) with an intent to steal the property. |
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Elements of a cause of action for receiving stolen property...
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1) Receiving property
2) that has been stolen 3) with knowledge of its stolen character 4) with an intent to deprive the owner of the property. |
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Elements of a cause of action for arson...
(Common Law) |
1) Malicious
2) burning of a 3) dwelling house of 4) another. |
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Elements of a cause of action for larceny...
(Common Law) |
1) The trespassory taking
2) and carrying away (asportation) 3) of personal property 4) of another 5) with an intent to permanently deprive the owner of possession. |
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Elements of a cause of action for kidnapping...
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1) The unlawful
2) taking and confinement and 3) asportation of 4) another person 5) by use of force, threat, fraud, or deception. |
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Elements of a cause of action for forgery...
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1) Making of
2) false documents (or alteration of existing documents making them false) 3) and passing the document 4) to another 5) with an intent to defraud. |
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Elements of a cause of action for false pretenses...
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1) A false representation of
2) a material present or past fact 3) made with knowledge that the fact is false 4) and with intent to defraud the victim. 5) thereby causing the victim to pass title to property to the actor. |
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Elements of a cause of action for embezzlement...
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1) Conversion
2) of personal property 3) of another 4) by one who has acquired lawful possession 5) with an intent to defraud the owner. |
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Elements of a cause of action for false imprisonment...
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1) A person
2) interfers 3) with another's liberty 4) by use of threat or force 5) without authority. |
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Elements of a cause of action for violating the bad-check statutes...
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1) Mens rea may be proven by
showing either an intent to defraud the payee or knowledge that there were insufficient funds in the account. 2) The check must be taken in exchange for something of value. 3) There must have been insufficient funds in the account. |
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Elements of a cause of action for a RICO (Racketeer Influenced and Corrupt Organizations Act) violation...
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1) Defendant received money
or income 2) from a pattern of racketeering activity and 3) invested that money in an enterprise (business) 4) which is interstate commerce or affects interstate commerce. |