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22 Cards in this Set
- Front
- Back
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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! |
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Trespass to Chattel: An interference with plaintiff's right of __________ in a chattel.
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Trespass to Chattel: An interference with plaintiff's right of POSSESSION in a chattel.
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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. |
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MALICE: When defendant has ________ that a statement is false and demonstrates _________ ___________ as to its truth or falsity.
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MALICE: When defendant has KNOWLEDGE that a statement is false and demonstrates RECKLESS DISREGARD as to its truth or falsity.
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In Virginia, is physical injury required for negligent infliction of emotional distress?
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YES!
In Virginia, physical injury is required for negligent infliction of emotional distress. |
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COMMERCIAL SUPPLIER includes:
____________ ____________ ____________ |
COMMERCIAL SUPPLIER includes:
MANUFACTURER WHOLESALER RETAILER |
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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!!! |
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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.
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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.
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When a mistake is made in the manufacturing of the product, causing it to be unreasonably dangerous.
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DEFECTIVE MANUFACTURE: When a mistake is made in the manufacturing of the product, causing it to be unreasonably dangerous.
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Product is unsafe b/c the manufacturer has not given adequate warnings of the dangerousness of the product.
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FAILURE TO WARN: Product is unsafe b/c the manufacturer has not given adequate warnings of the dangerousness of the product.
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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. |
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Define INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
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INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS: Extreme and outrageous conduct causing severe emotional distress
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CONSPIRACY
Is an overt act necessary? |
CONSPIRACY
No! An overt act in furtherance of the conspiracy is NOT necessary. |
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In Virginia, when may a D be convicted of both the completed substantive offense and the underlying conspiracy?
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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.
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Is an impossibility defense for conspiracy recognized in Virginia?
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NO!
No impossibility defense for conspiracy is recognized in VA! |
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For what is each conspirator liable?
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Each conspirator is liable for all crimes of other conspirators, if foreseeable and in furtherance of the conspiracy.
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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. |
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MERE __________ is NOT enough for accomplice liability.
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MERE PRESENCE is NOT enough for accomplice liability.
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Is D liable for felony murder for the death of a co-felon as a result of resistance by the victim or police?
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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. |
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(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. |
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A failed self-defense claim is _________ ___________.
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A failed self-defense claim is VOLUNTARY MANSLAUGHTER.
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INVOLUNTARY MANSLAUGHTER:
Killing resulting from _____________ ____________; and _____________ _____________. |
INVOLUNTARY MANSLAUGHTER:
Killing resulting from CRIMINAL NEGLIGENCE; and MISDEMEANOR MANSLAUGHTER. |
