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43 Cards in this Set

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