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38 Cards in this Set
- Front
- Back
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King v Burwell |
Judges have different opinions on how to interpret law (Realist vs Positivist) |
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Regina v Dudley & Stephens |
Killing an innocent life to save your own is no excuse (Deterrence) |
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Illinois v Wardlow |
Evasive behavior is enough to warrant suspicion |
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Rochin v California |
Exclusionary Rule 14th Amendment |
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VW v Woodson |
Subject Matter Jurisdiction determination - Must have ties to state, be incorporate there |
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Erie RR v Tompkins |
No Federal common law - Federal court in Diversity Jurisdiction must follow the decisions of the highest state court - If no decision, refer to them |
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Agis v Johnson |
Emotional distress - Vicarious Liability |
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Frank B Hall & Co v Buck |
Defamation - Not valid if plaintiff "consented, or invited, statements" |
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McCann v Walmart |
False Imprisonment - No punitive charges |
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Osterlind v Hill |
You do not have a duty to help if they are able to help themselves |
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Jewish Community Center v Wolfish |
Manipulation and Fraud - Liable for full disclosure in contract agreements |
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Lombardo v Niemeyer |
Foreseeability determines guilty party |
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Wood v Groh |
Foreseeability |
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BMW v Gore |
Punitive charges cannot violate Due Process |
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Elements of a Tort |
Duty is breached causation injury/damage |
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Per se (Standard of Care) |
Statute was designed to prevent harm from a particular class of people The injury was caused by the harm that the statute was designed to protect The injured party was from the class of people that the statute was designed to protect |
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Res Ipsa Loquitur (Standard of Care) |
Injury rarely occurs in the absence of negligence Instrument that caused the injury was solely in the possession of the defendant Injury could not have been cause by the plaintiff |
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Subject Matter Jurisdiction |
power of the court over the substance of the claim |
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Stare Decisis |
A court is bound by the decision of the higher courts of the district that it is in |
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Federal Jurisdiction |
Diversity - SMJ - citizens of different states, > $75,000 Federal Question |
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Personal Jurisdiction |
Power of the court of the parties litigating the claim |
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Legal Realism |
Interpret and extend the meaning of the existing common law |
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Legal Positivism |
Stick to the letter of the law |
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Subjective Fault |
Defendants actual knowledge of a fact or condition |
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Objective Fault |
What society says the defendant "should have known" |
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4th Amendment |
Prevents unreasonable Search & Seizures Warrants only upon probable cause |
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5th Amendment |
No Double jeopardy, guaranteed trial, cannot self-incriminate |
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14th amendment |
"nor shall any State deprive any person of life, liberty, or property, without due process of law." |
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Actus Rea |
The guilty act |
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Mens Rea |
The guilty mind |
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McNaughten Rule |
Defendant must prove a mental illness which caused him to lack the ability to understand the wrongfulness of his conduct |
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Model Penal Code for Insanity |
Defendant must prove: a mental illness which caused him to lack the ability to understand the wrongfulness of his conduct OR he was unable to conform his conduct to the requirements of the law (Irresistible Impulse) |
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Positive Law |
Constitution Federal Statutes / Treaties Administrative Regulations |
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Common Law |
Judge's interpretation and extension of the law |
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Applicable Rule of Law -- Common Law |
None |
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Binding Authority |
Most recent case within your jurisdiction (Applicable Rule of Law -- Negligence) |
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Persuasive Authority |
courts must look to decisions from similar cases to determine their decision |
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Negligence |
Disregard of substantial risk that prohibited result will occur, in situations where prohibited result could have been avoided |
