Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/22

Click to flip

22 Cards in this Set

  • Front
  • Back
Intentional Infliction of Emotional Distress

In VA, is plaintiff required to demonstrate physical injury?
Intentional Infliction of Emotional Distress

In VA, is plaintiff required to demonstrate physical injury?

NO!
Trespass to Chattel: An interference with plaintiff's right of __________ in a chattel.
Trespass to Chattel: An interference with plaintiff's right of POSSESSION in a chattel.
The defense of necessity is only applicable to ________ TORTS.

If PRIVATE NECESSITY, remember to award money for ______ _______ caused.
The defense of necessity is only applicable to PROPERTY TORTS.

If PRIVATE NECESSITY, remember to award money for ACTUAL INJURY caused.
MALICE: When defendant has ________ that a statement is false and demonstrates _________ ___________ as to its truth or falsity.
MALICE: When defendant has KNOWLEDGE that a statement is false and demonstrates RECKLESS DISREGARD as to its truth or falsity.
In Virginia, is physical injury required for negligent infliction of emotional distress?
YES!

In Virginia, physical injury is required for negligent infliction of emotional distress.
COMMERCIAL SUPPLIER includes:

____________
____________
____________
COMMERCIAL SUPPLIER includes:

MANUFACTURER
WHOLESALER
RETAILER
STRICT PRODUCTS LIABILITY

Who is owed a duty?

Is privity required?
STRICT PRODUCTS LIABILITY

A duty is owed to:
- USERS
- CONSUMERS
- BYSTANDERS

No, privity is NO LONGER REQUIRED!!!
When a product is not safe for its intended use or could have been made safe w/o serious impact on its price or utility.
DEFECTIVE DESIGN: When a product is not safe for its intended use or could have been made safe w/o serious impact on its price or utility.
When a mistake is made in the manufacturing of the product, causing it to be unreasonably dangerous.
DEFECTIVE MANUFACTURE: When a mistake is made in the manufacturing of the product, causing it to be unreasonably dangerous.
Product is unsafe b/c the manufacturer has not given adequate warnings of the dangerousness of the product.
FAILURE TO WARN: Product is unsafe b/c the manufacturer has not given adequate warnings of the dangerousness of the product.
PRODUCTS LIABILITY

There is no breach where the product was _____________ ___________ after it left D's control.
PRODUCTS LIABILITY

There is no breach where the product was SUBSTANTIALLY ALTERED after it left D's control.
Define INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS: Extreme and outrageous conduct causing severe emotional distress
CONSPIRACY

Is an overt act necessary?
CONSPIRACY

No!

An overt act in furtherance of the conspiracy is NOT necessary.
In Virginia, when may a D be convicted of both the completed substantive offense and the underlying conspiracy?
In Virginia, a D may be convicted of both the completed substantive offense and the underlying conspiracy IF THE CONVICTIONS OCCUR IN A SINGLE TRIAL.
Is an impossibility defense for conspiracy recognized in Virginia?
NO!

No impossibility defense for conspiracy is recognized in VA!
For what is each conspirator liable?
Each conspirator is liable for all crimes of other conspirators, if foreseeable and in furtherance of the conspiracy.
CONSPIRACY

Can only withdraw from liability for _________ _______.
CONSPIRACY

Can only withdraw from liability for FUTURE CRIMES - No withdrawal from conspiracy possible b/c agreement coupled w/ act completes crime.
MERE __________ is NOT enough for accomplice liability.
MERE PRESENCE is NOT enough for accomplice liability.
Is D liable for felony murder for the death of a co-felon as a result of resistance by the victim or police?
NO!

D is NOT liable for felony murder for the death of a co-felon as a result of resistance by the victim or police.
(1) TRUE/FALSE: Deaths caused while fleeing from a felony are felony murder.

(2) TRUE/FALSE: Deaths that arise after defendant has found some point of temporary safety are NOT felony murder.
(1) TRUE: Deaths caused while fleeing from a felony are felony murder.

(2) TRUE: Deaths that arise after defendant has found some point of temporary safety are NOT felony murder.
A failed self-defense claim is _________ ___________.
A failed self-defense claim is VOLUNTARY MANSLAUGHTER.
INVOLUNTARY MANSLAUGHTER:

Killing resulting from _____________ ____________; and
_____________ _____________.
INVOLUNTARY MANSLAUGHTER:

Killing resulting from CRIMINAL NEGLIGENCE; and
MISDEMEANOR MANSLAUGHTER.