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43 Cards in this Set
- Front
- Back
Battery
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Intentional Harmful of Offensive Contact
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Assault
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Intentional Imminent Apprehension of Harmful of Offensive Contact
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Trespass
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Intentional Entering Land of Another
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Trespass to Chattel
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Intentional Interference with Others Property (Damage is usage)
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Conversion
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Intentional Converting Others Property (Damage is entire value)
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Intentional Infliction of Emotional Distress
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Intentional Outrageous & Extreme Conduct causing Severe Emotional Distress (No Actual Harm)
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False Imprisonment
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Intentional Confinement in a bounded area, no means of escape, and person knows they are being confined
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Negligent Infliction of Emotional Distress
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Negligent conduct causing severe emotional distress. Physical harm required.
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Negligence
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1. Duty - Reasonable Person Standard (what would reasonable person do?)
2. Breach 3. Causation - Actual Cause (But for test) & Proximate Cause (Foreseeability) 4. Damages - Physical harm required |
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Negligence Per Se
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1. Violation of statute
2. Harm caused is type Statute was designed to protect (person harmed is part of class of people statute was designed to protect) |
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Res ipsa loquitur
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Act which would not occur absent negligence. Defendant has exclusive control of property.
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Strict Liability
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Defendant liable if engaged in:
1. Wild Animals 2. Abnormally Dangerous Activity |
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Products Liability
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1. Strict Products Liability: Product defective when left factory, sold by seller engaged in business of selling, sold to someone who used in manner intended.
2. Negligence: someone in the chain of selling failed to do something they were supposed to do 3. Warrant: Label, sticker, writing promising how product would work |
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Defamation
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Negative statement designed to hurt someone's reputation concerning the Plaintiff which is published (at least 3rd party hears/understands)
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Libel
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Written defamation. Special damages required (money damages).
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Slander
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Spoken defamation. Special damages required.
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Slander Per Se
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- No Special Damages Required -
1. profession or trade 2. loathsome disease 3. lack of chastity of a woman 4. serious crime |
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Private Person (Defamation)
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Negligent as to truth of statement
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Public Figure (Defamation)
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Actual malice - acted with reckless (knew or should have known) disregard for the truth
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Private Nuisance
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Unreasonable interference with the use and enjoyment of someone's property (Unreasonable to objective person)
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Public Nuisance
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Entire community (public at large) bothered. Brought by public/government official. If private person brings, look for special damages.
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Invasion of Privacy
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Invade Reasonable Expectation of Privacy
1. False Light 2. Appropriation 3. Public disclosure of private facts 3. Intrusion Upon Seclusion |
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False Light
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Depicting someone in false manner (doesn't have to be bad, just false)
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Appropriation
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Take your image/likeness and use it for my own commercial advantage
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Public Disclosure of Private Facts
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Snoop with micro-camera to get gossip
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Intrusion Upon Seclusion
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Someone snooping in garbage
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Murder
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Four types
1. Intent to kill - premeditated 2. Intent to Inflict Serious Bodily Harm 3. Felony Murder 4. Depraved Heart |
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Felony Murder
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Death resulting from commission of dangerous felony (BARRK - Burglary, arson, rape, robbery, kidnapping)
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Depraved Heart
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Reckless disregard of human life (NO INTENT). Presence of other people makes reckless.
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Manslaughter
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2 Types:
1. Voluntary - provocation, heat of passion crime. Adequately provoked, snapped and acted, no time to cool down 2. Involuntary - Negligent killing (no people present) |
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Attempt
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Specific intent, overt act
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Conspiracy
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Intent, agreement between 2 people or more to commit a crime.
If conspiracy established, then any crime that flows from it, all conspirators guilty. |
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Solicitation
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Intent, encourage criminal activity (pushing you to do a crime)
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Burglary
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Breaking & entering the dwelling house of another at night with INTENT to commit a felony
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Larceny
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Trespassory Taking away of personal property with intent to permanently deprive. In the moment - can't decide later to steal.
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Robbery
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Taking personal property with force
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Embezzlement
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Already have property:
Initially in possession with permission, then convert to own use |
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False Pretenses
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Obtaining TITLE by misrepresentation of fact (say something false to get title)
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Larceny by Trick
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Taking POSSESSION by misrepresenting of fact (say something false to get possession of property)
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Mistake
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If while committing a crime, you make a mistake:
Specific intent crime: total defense General intent crime (i.e. kidnapping, battery, arson - concerned with just act of crime): Mistake must be reasonable |
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Arson
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Malicious (reckless) burning of dwelling house of another (general intent)
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Legal Impossibility
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Defense: whatever I did/do, still does not amount to a crime (thought it was weed, really oregano, so not a crime)
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Factual Impossibility
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Circumstances/facts changed unbeknownst to me, but NOT a defense
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