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259 Cards in this Set
- Front
- Back
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CONSTITUTIONAL LAW
The Edmunds Four-Pronged Test |
Lawyers must raise, brief and argue four separate factors in any case implicating a constitutional issue:
1) The text of the applicable state constitutional provision; 2) The history of the provision, including relevant case law; 3) The related case law from other states; and 4) The policy considerations, including unique issues of state and local concern. |
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CONSTITUTIONAL LAW
Privacy of Bank Records |
The privacy notion embodied in Article I, Section 8, of the state constitution prohibits authorities from gaining access to a depositor's bank records on less than probable cause.
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CONSTITUTIONAL LAW
Automatic Standing |
A Defendant charged with a prossessory offense has "automatic standing" to challenge the admissibility of evidence alleged to be fruit of an illegal search, thus rejecting United States v. Salvucci which had abolished the "automatic standing" rule as a matter of federal constitutional law.
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CONSTITUTIONAL LAW
Pen Registers |
The use of Pen Registers and dialed number recorders to monitor incoming or outgoing phone numbers dialed violates the privacy notion of Article I, Section 8 , of the state constitution and thus rejects the ruling in Smith v. Maryland.
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CONSTITUTIONAL LAW
Informants |
Adoption of the "totality of the circumstances" test set forth by the United States Supreme Court in Illinois v. Gates for analyzing whether probable cause exists for search warrants based on information received from confidential informants.
This ruling is constent with federal law. |
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CONSTITUTIONAL LAW
Roadblocks |
Use of drunk driving roadblocks as part of a systematic program of checking vehicles or drivers does not violate the PA Constitution's prohibition against unreasonable searches and seizures.
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CONSTITUTIONAL LAW
Blood Alcohol Data |
Although a PA statute allows the police to obtain results from blood alcohol tests when the tests are procured prusuant to the statute the PA Supreme Court held that there was a violation of Article I, Section 8 when a hospital turned over to a police officer, without a warrant, the results of a blood alcohol test that was taken strictly for medical purposes rather than pursuant to statute.
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CONSTITUTIONAL LAW
Canine Sniffs |
A canine sniff constitutes a "search" under Article I, Section 8, of the PA Constitution rejecting the logic of US v. Palace. A canine sniff of a person must be supported by probable cause, whereas a canine search of a place may be supported by a lesser showing of "reasonable suspicion" since such a search is inherently less intrusive.
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CONSTITUTIONAL LAW
Good Faith Search Warrant Exception |
PA rejects the "good faith exception" to the exclusionary rule, set forth in US v. Leon, due to the heightened privacy notion of Article I, Section 8, of the constitution.
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CONSTITUTIONAL LAW
Automobile Searches |
Police may not conduct a warrantless search of an automobile, absent exigent circumstances, after its occupants are arrested, outside the automobile, and in police custody.
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CONSTITUTIONAL LAW
Stops and Fleeing Suspects |
When a police officer possesses either "probable cause" to arrest or "reasonable suspicion" to stop an individual and conduct a Terry frisk, contraband discarded by a fleeing suspect are fruits of an illegal seizure. (Rejects ruling in CA v. Hodari D)
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CONSTITUTIONAL LAW
Random Stop of a Bus |
Article I, Section 8, prohibits the random stop of a passenger bus to conduct a drug interdiction investigation in the absence of reasonable suspicion or probable cause.
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CONSTITUTIONAL LAW
Police Radio Broadcasts |
Information obtained from police radio broadcast may not be used to justify a stop and frisk unless the police officer is able to establish that the information obtained over the radio broadcast is reliable, or the officer has an independent basis for establishing reasonable suspicion that "criminal activity is afoot."
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CONSTITUTIONAL LAW
Particularity of Warrant |
The language of Article I, Section 8, mandates that no warrant to search a policy to seizue a person or thing shall
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CONSTITUTIONAL LAW
Electronic Surveilance Wired Informants |
dispite heightened protection for privacy inherent in Article 1, Section 8 of the state constiution, conversations recorded by wired infromant or police officer using electronic equipment are admissible since there is no reasonable expectation of privacy in such conversations. This is consistent with the federal rule.
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CONSTITUTIONAL LAW
Surveillance in the Home |
Because of the heightened privacy interests implicit in Article 1, Section 8, of the State constitution, police may not send an informant into the home of an inidividual to electronically record his conversations and transmit them back to the police. There is a reasonable expectation of privacy in the home. This undercuts the federal rules.
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CONSTITUTIONAL LAW
Surveillance in the Office |
Warrantless interception of a conversation between physician and patient in the physician's office, in which the physician agreed to write illegal prescrpitions for controlled substances in return for profit, did not violate Article 1, Section 8, where the patient-informant consent to wear the body wire. There is no reasonable expectation of privacy in this work setting.
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CONSTITUTIONAL LAW
Telephone Conversations |
A person does not have a reasonable expectation of privacy that his telephone conversation would not be recorded by the other party to the conversation. Therefore, warrantless recording by a Commonwealth agent who initiates a call to a person's home does not violate Article I, Section 8, even if the agent lacked probable cause to record the conversation.
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CONSTITUTIONAL LAW
Miranda Warnings: Waiver |
Pennsylvania requires an explicit waiver of Miranda rights before the waiver becomes effective.
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CONSTITUTIONAL LAW
Miranda Warnings: Interested Adult Rule |
PA recent case law has rejected any presumption that a juvenile is incompetent to waive his constitutional rights without first having an opportunity to consult with an "interested adult" (the previous rule in Pennsylvania). Rather the PA Supreme Court has embraced a totality of the circumstances test to determine whether a juvenile has knowingly waived his rights and made a voluntary conversion; whether he has had an opportunity to consult with an interested and informed adult is merely one factor in the equation.
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CONSTITUTIONAL LAW
Silence to Impeach Credibility |
A Defendant's silence (at the time of arrest) cannot be used to impeach his testimony at trial; rejecting federal law.
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CONSTITUTIONAL LAW
Right to Counsel |
A Defendant-prisoner's right to counsel was violated under the Sixth Amendment, as well as under Article 1, Section 9, of the PA Constitution, by admission of incriminating statements made by the defendant-prisoner to a fellow inmate who turned out to be a jailhouse informant.
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CONSTITUTIONAL LAW
Trial by Jury |
Trial by jury shall be heretofore and the right thereof remain inviolate. The General Assembly may provide, however, by law, that a verdict may be rendered by not less than five-sixths of the jury in any civil case.
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CONSTITUTIONAL LAW
Trial by Jury: In Rem Forfeitures |
In in rem forfeiture proceedings, owners of property are entitled to a jury trial under Article I, Section 6, since, as a matter of English common law, analogous cases are entitled to a jury trial, and that right must remain "inviolate."
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CONSTITUTIONAL LAW
Trial by Jury: Jury Size |
The history of Article I, Section 6, compels conclusion that a party is entitled to a 12-person jury if he so requests, notwithstanding federal law.
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CONSTITUTIONAL LAW
Right to Poll Jury after Criminal Verdict |
The PA Supreme Court held that there is a right to poll the jury after a verdict in a criminal case, under both Article 1, Section 6, of the PA Constitution and the Sixth Amendment to the US Constitution.
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CONSTITUTIONAL LAW
Trial by Jury: Commonwealth's Right to a Jury |
The PA Supreme Court upheld an amendment to the PA Constitution which gives the Commonwealth a right to jury trial in criminal cases. The court held that the amendment did not deprive criminal defendants of their "indefeasible" jury trial rights.
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CONSTITUTIONAL LAW
Double Jeopardy |
The PA Supreme Court concluded that the Double Jeopardy Clause contained in Article I, Section 10, of the PA Constitution prohibited a retrial, not only when prosecutorial misconduct was intended to provoke the defendant into moving for a mistrial, but also, "when the conduct of the prosecutor is intentionally undertaken to prejudice the defendant to the point of denial of a fair trial." Test more protective of defendants than that enunciated by US Supreme Court.
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CONSTITUTIONAL LAW
Cruel and Unusual Punishment - Victim Imapct Testimony |
Introduction of victim impact testimony during the sentencing phase of a trial does not constitute cruel and unusual punishment under Article 1, Section 13, of the PA Consititution.
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CONSTITUTIONAL LAW
Speech on Private Property |
Article I, Section 7, provides broader protection for speech than does the federal First Amendment. The state provision protects speech on the premises of a privately owned college, particularly when the event is held open to the public. However, caselaw held that Article I, Section 7, does not grant the right of free speech to an individual seeking to solicit signatures for a political candidate's nominating petition inside a privately owned shopping mall.
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CONSTITUTIONAL LAW
Religion: School Busing |
Pennsylvania statute permitting the expenditure of public funds for school bus transportation on behalf of students attending parochial schools does not violate the Pennsylvania Constitution.
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CONSTITUTIONAL LAW
Reputation: Expungement |
There is a right, grounded in due process and Article I, Section 1's protection of reputation, to petition for expungement of a dismissed "protection from abuse" proceeding, even in the absence of a statutory authority
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CONSTITUTIONAL LAW
Reputation: Job Disqualification |
A law that would have disqualified persons with criminal records from obtaining jobs in facilities that provide elder care violates the notion of due process inherent in Article 1, Section 1, infringing upon the right to pursue an occupation.
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CONTRACTS
Noncompete Clauses |
Provisions in employment contracts prohibiting employment with a competitor are generally enforceable. However such clauses will be deemed an unreasonable restraint of trade if they are more than what is needed to protect a legitimate business interest or if the employer's need is outweighted by the hardship to the employee and the likely injury to the public.
Any such provisions must be reasonable in duration and in geographic scope. |
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CONTRACTS
Elements of Consideration: Pre-existing Legal duty - Exceptions |
In PA, where the parties agree to an extension of time but do not specify the period of time for the extension, the extension is deemed to be for a reasonable period of time.
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CONTRACTS
Substitutes for Consideration: Promissory Estoppel or Detrimental Reliance |
The concepts of equitable estoppel and promissory estoppel are used interchangeably in PA as a means to enforce oral promises. The essential elements are inducement and justifiable reliance on that inducement to one's detriment.
PA follows the Restatement (Second) of Contracts - a promise that the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person, and which does induce action or forbearance, is binding if injustice can be avoided only by enforcement of the promise. |
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CONTRACTS
Substitutes for Consideration: Promises in Writing |
In PA, an express written statement that the signer intends to be legally binding is valid and enforceable despite the absence of consideration.
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CONTRACTS
Substitutes for Consideration: Promises Under Seal |
PA still adheres to the position that a seal is a substitute for consideration and, in the absence of fraud, makes the promise enforceable without consideration. The rule is inapplicable where the proceeding is an appeal to the equitable conscience of the court.
But note: The law with respect to sealed instruments does not apply to a contract for the sale of goods. |
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CONTRACTS
Defenses base on Lack of Capacity: Lack of Volitional Consent |
PA recognizes economic duress or business compulsion as a species of duress rendering a contract voidable. The court wil consider whether:
1)There existed such pressure or circumstances that the injured party was compelled to involuntary or against her will execute an agreement which resulted in economic loss; and 2) the injured party has an immediate legal remedy to make her whole without voiding the contract. |
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CONTRACT
Defenses to Enforcement: Statute of Frauds - Interest in Land |
In PA, an interest in land includes:
1) Coal, Surface rights, or rights of support; 2) Mortgages; 3) Easements in land; and 4) Contracts for the sale of land by auction. |
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CONTRACT
Defenses to Enforcement: Statute of Frauds - Leases of Real Property |
In PA, leases of real property (including personal property on real property) are not covered by the Statute of Frauds unless they are for a term of more than three years.
If such a lease is not in writing, it will have only the force and effect of a lease at will and will not be given any greater force and effect either in law or equity, unless the tenancy has been continued for more than one year and the landlord and tenant have recognized its rightful existence by claiming and admitting liability for the rent. Leases for real property, including any personal property thereon, for a term of not more than three years may be made by oral or written contract. |
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CONTRACT
Defenses to Enforcement: Statute of Frauds - Performance Not Within One Year |
Unlike the majority of jurisdictions, PA holds contracts no performable within one year enforceable even without a writing.
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CONTRACT
Defenses to Enforcement: Statute of Frauds - Requirements for a writing |
At a minimum, the writing must be a written memorandum
(i) signed by the party to be charged; (ii) sufficiently indicating the terms so there is no serious possiblity of consummating fraud by its enforcement; (iii) where the terms are ascertainable with certainity; and (iv) including the disclosed intention on the part of the chaged party to be bound by the asserted contract. |
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CONTRACT
Defenses to Enforcement: Statute of Frauds - Unconscionability |
Unconscionability is determined by the judge as a matter of law and is not a question of fact to be determined by a jury.
PA applies a two-part test to determine whether a contract or a clause of a contract is unconscionable: (i) the signing party must have lacked a meaningful choice in accepting the challenged contract or clause; and (ii) the challenged contract or clause must "unreasonably favor" the party asserting it. Courts will not hold contracts unconscionable simply because of a disparity of bargaining power. |
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CONTRACT
Defenses to Enforcement: Statute of Frauds - Finding of Unconscionability |
When a court finds a contract or any clause unconscionable, it may:
(i) refuse to enforce the contract or clause; (ii) enforce the remainder of the contract minus the unconscionable clause; or (iii) limit the application of the unconscionable clause. |
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CONTRACT
Defenses to Enforcement: Exculpatory Clauses |
Exculpatory clauses, wherein one party waives rights to bring suit, may be valid, but any provision providing for immunity from liability will be strictly construed against the party seeking its protection.
Three conditions must be satisfied for an exculpatory to be valid in PA: (i) the clause must not contravene public policy; (ii) the contract must be between persons relating entirely to their own private affairs; and (iii) each party must be a free bargaining agent to the agreement so that the contract is no one of adhesion. |
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CONTRACT
Third-Party Beneficiaries: Intended v. Incidential Beneficiaries Test |
PA Courts apply the following two-part test for determining whether someone is an intended beneficiary:
1) Recognition of the beneficiary's right is appropriate to effectuate the intention of the parties; and 2) Performance satisfies an obligation of the promisee to pay money to the beneficiary, or the circumstances indicate that the promisee intended to give the beneficiary the benefit of the promised performance. |
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CONTRACT
Third-Party Beneficiaries: When do the Rights of the Beneficiary Vest? |
PA does not follow the Second Restatement rule. In Pennsylvania, a donee beneficiary's contractual rights vest immediately. They may not be modified unless the power to modify has been expressly reserved in the contract.
Note: A party to the contract may assert the same defenses against a third-party beneficiary as against a promisor or promisee. |
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CONTRACT
Novation Distinguished From Other Third-Party Situation |
In PA, the requirements for novation are:
1) Displacement and extinction of a valid contract; 2) Substitution of a valid new contract either between the same parties or by the introduction of a new creditor or debtor; 3) Sufficient legal consideration for the new contract; and 4) Consent of the parties. |
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CONTRACT
Parole Evidence Rule: Necessary Implication Exception |
Where an obligation is within the parties' contemplation when making the contract or is necessary to carry out their intention, the law will imply that obligation and enforce it even though the obligation is not specifically and expressly set forth in the written agreement.
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CONTRACT
Forum Selection Clauses |
Forum selection clauses, wherein the parties designate a particular jurisdiction in which to resolve dispute, are prima facie valid and enforceable unless shown to be unreasonable under the circumstances.
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CONTRACT
Remedies for Breach: Consequential Damages |
Special damages may be awarded for the failure to achieve a special purpose of the contract or from unusual circumstances that were known to the parties when they contracted. Note, however, that Pennsylvania courts do not allow recovery for emotional distress and that, in any case, liablity for consequential damages may be eliminated by contract provision.
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CONTRACT
Remedies for Breach: Punitive Damages |
Under Pennsylvania law, punitive damages are not recoverable in a breach of contract action.
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CONTRACT
Remedies for Breach: Effect of Liquidated Damages Provision - Requirements for Enforcement |
PA follows the Multistate view that liquidated damages must be reasonable and that there must have been difficulty in assessing the harm that would be caused by the breach.
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SALES
Warranty and Third Parties |
PA follows the majority position of Alternative A of UCC Section 2-318. A seller's warranty extends to any natural person who is in the family or household of the buyer or is a guest in the home where there is personal injury.
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CRIMINAL LAW
Felonies and Misdemeanors: Murder in the First Degree or Second Degree |
A crime is murder of the first degree if it is so designated by statute or if a person convicted of a criminal homicide must be sentenced to death or to a term of life imprisonment.
A crime is murder of the second degree if it is so designed by statute or if a person convicted of homicide must be sentenced to a term of life imprisionment. |
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CRIMINAL LAW
Felonies and Misdemeanors: Felony of the First Degree |
A crime is felony of the first degere if it is so designated by statute or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is more than 10 years.
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CRIMINAL LAW
Felonies and Misdemeanors: Felony in the Second Degree |
A crime is a felony of the second degree if it is so designated by statute or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than 10 years.
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CRIMINAL LAW
Felonies and Misdemeanors: Felony of the Third Degree |
A crime is a felony of the third degree if it is so designed by statue or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than seven years. A crime declared to be a felony, without specification of the degree, is a felony of the third degree.
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CRIMINAL LAW
Felonies and Misdemeanors: Misdemeanor of the First Degree |
A crime is a misdemeanor of the first degree if it is so designated by statute or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than five years.
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CRIMINAL LAW
Felonies and Misdemeanors: Misdemeanor of the Second Degree |
A crime is a misdemeanor of the second degree if it is so designed by statute of if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than two year.
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CRIMINAL LAW
Felonies and Misdemeanors: Misdemeanor of the Third Degree |
A crime is a misdemeanor of the third degree if it is so designed by statute or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than two years.
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CRIMINAL LAW
Felonies and Misdemeanors: Misdemeanor without degree |
A crime declared to be a misdemeanor, without specification of degree, is of the third degree.
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CRIMINAL LAW
Felonies and Misdemeanors: Summary Offense |
A summary offense is either so designated by statute or an offense whereby a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than 90 days.
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CRIMINAL LAW
Felonies and Misdemeanors: Infamous Crimes |
Pennsylvania defines a crime as infamous based on the crime rather than the punishment.
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CRIMINAL LAW
Felonies and Misdemeanors: Crimes Involving Moral Turpitude |
Pennsylvania has rejected as unconstitutional a statute that makes it a criminal offense to be a person of a certain character, i.e., a common thief or a lewd and lascivious person.
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CRIMINAL LAW
Merger |
Except for lesser included offenses, the doctrine of merger (based on a determination of whether the Commonwealth has an interest in prosecuting a criminal defendant for more than one crime) is abolished
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CRIMINAL
Merger of Solicitation or Attempt into a Completed Crime |
A defendant may be charged in the same indictment with criminal attempt and the completed crime. However, the defendant may be convicted of only one, either the attempt or the completed crime.
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CRIMINAL
MENTAL STATE: Intentionally |
A person acts intentionally with respect to a material element of an offense when the element involves:
a) the nature of his conduct or a result thereof, and it is his conscious object to engage in conduct of that nature or to cause such a result; and b) the attendant circumstances, and he is aware of the existence of such circumstances, or he believes or hopes that they exist. |
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CRIMINAL
MENTAL STATE: Knowingly |
A person acts knowingly with respect to a material element of an offense when the element involves:
a) the nature of his conduct or the attendant circumstances, and he is aware that his conduct is of that nature or that such circumstances exist; and b) A result of his conduct, and he is aware that it is practically certain that his conduct will cause such a result. |
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CRIMINAL
MENTAL STATE: Recklessly |
A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and intent of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation.
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CRIMINAL
MENTAL STATE: Negligently |
A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct.
The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and intent of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation. |
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CRIMINAL
Vicarious Liability Offenses |
PA has codified the liability of one person for the conduct of another, wherein the general rule is that a person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is legally accountable, or both.
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CRIMINAL
Vicarious Liability Offenses: Test |
A person is legally accountable for the conduct of another person when:
(i) Acting with the kind of culpability that is sufficient for a commission of the offense, he causes an innocent or irresponsible person to engage in such conduct; (ii) He is made accountable for the conduct of such other person by statute or by the law defining the offense; or (iii) He is an accomplice of such other person in the commission of the offense. |
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CRIMINAL
Enterprise Liability: Liability of Corporations and Associations |
The statute provides defense to a corporation or unincorporated association for the commission of an offense other than one for which absolute liability has been imposed. It is a defense if the corporation or unincorporated association proves by a preponderence of the evidence that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission.
This defense does not apply if its application would be plainly inconsistent with the legislative purpose in defining the particular offense. |
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CRIMINAL
Parties to a Crime: Accomplice |
A person is an accomplice if another person in the commission of an offense if:
(i) With the intent of promoting or facilitating the commission of the offense he: a) solicits such other person to commit it; or b) aids or agrees or attempts to aid such other person in planning or committing it; or (ii) His conduct is expressly declared by law to establish his complicity. An accomplice is considered a principle of the second degree. An accessory before the fact is treated in all respects as a principal to the underlying crime. |
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CRIMINAL
Accomplice Liability: Accessory After the Fact |
In PA the standard view is that an accessory after the fact is not an accomplice, but instead is guilty of a separate offense rather than the same offense committed by the person he aids.
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CRIMINAL
Accomplice Liability: Scope of Liability |
When a particular result is an element of an offense, an accomplice in the conduct causing such result is an accomplice in the commission of that offense, if he acts with the kind of culpability, if any, with respect to that result that is sufficient for the commission of the offense.
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CRIMINAL
Accomplice Liability: Exclusions from Liability |
In any prosecution for an offense, in which criminal liability of the defendant is based on the conduct of another person, it is no defense that the offense in question, as defined, can only be committed b a particular class or classes of persons, and the defendant, not belonging to such class or classes, is legally incapable of committing the offense in an individual capacity.
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CRIMINAL
Accomplice Liability: When is a person not considered an accomplice in an offense committed by another person? |
Unless otherwise provided by statute or by the law defining the offense, a person is not an accomplice in an offense committed by another person if:
a) He is a victim of the offense; b) the offense is so defined that his conduct is inevitably incident to its commission; or c) He terminates his complicity prior to the commission of the offense, and: i) Wholly deprives it of effectiveness in the commission of the offense; ii) Gives timely warning to the law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense. |
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CRIMINAL
Accomplice Liability: Prosecution of Accomplice Only |
A person may be convicted as an accomplice even though the principal has not been prosecuted or convicted, has been convicted of a different offense or degree of offense, has an immunity to prosecution or conviction, or has been acquitted.
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CRIMINAL
Incohate Offenses: Solicitation |
Pennsylvania provides that it is a defense to criminal solicitation that the actor, after solicitating another person to commit a crime, persuaded the other person not to do so or otherwise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of the actor's criminal intent.
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CRIMINAL
Incohate Offenses: Elements of Conspiracy |
A person is guilty of conspiracy when, with the intent of promoting or facilitating the commission of the crime, he:
(i) agrees with another person that one or more of them will engage in conduct that constitutes the crime, or an attempt or solicitation to commit the crime; or (ii) agrees to aid another person in the planning or commission of the crime, or of an attempt or soliciation to commit the crime. |
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CRIMINAL
Incohate Offenses: Conspiracy - Overt Act |
In PA, a person may not be convicted of conspiracy to commit a crime unless that person or his co-conspirator performs an overt act in pursuance of the conspiracy.
A person is not relieved of liability just because she is not physically present when the target crime is committed. A person also is criminally liable for all of the natural and probable consequences of acts committed by fellow conspirators that are done in furtherance of the conspiracy. |
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CRIMINAL
Incohate Offenses: Conspiracy - Renunciation is a Defense |
It is a defense that an actor, after conspiring to commit a crime, thwarted the success of the conspiracy, under circumstances manifesting a complete an voluntary renunciation of his criminal intent.
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CRIMINAL
Incohate Offenses: Attempt - Majority Rule - MPC Test |
Pennsylvania follows the majority rule that the defendant must take a "substantial step" toward the commission of the crime.
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CRIMINAL
Attempt - Abandonment (Renunciation) |
An abandonment (renunciation) is not "voluntary and complete" if it is motivated in whole or in part by:
1) A belief that circumstances exist that increase the probablity of detection or apprhension of the defendant or of another participant in the criminal enterprise, or that render the accomplishment of the criminal purpose more difficult; or 2) A decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another (but similar) objective |
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CRIMINAL
Inchoate Offenses: Grading |
Attempt, solicitation and conspiracy are crimes of the same grade and degree as the most serious offense which is attempted or solicited or is an object of the conspiracy.
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CRIMINAL
Inchoate Offenses: Mitigation |
If an attempt, solicitation or conspiracy was inherently unlikely to culminate in the completed crime to such a degree that the defendant posed no public danger, the court may dismiss the charges. Additionally, a defendant cannot be sentenced for multiple inchoate crimes related to the same completed crime.
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CRIMINAL
Responsibility and Criminal Capacity: Insanity - M'Naghten Rule |
Pennslyvania follows the M'Naghten Rule. The burden of proof is on the defendant to prove insanity by a preponderance of the evidence.
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CRIMINAL
Responsibility and Criminal Capacity: Irresistible Impulse Test |
Pennsylvania does not recognize irresistible impulse as a defense to a criminal charge. However, psychiatric evidence may be admitted to establish that a defendant acted in the heat of passion when he committed a homicide, which would reduce the offense from murder to voluntary manslaughter.
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CRIMINAL
Responsibility and Criminal Capacity: Diminished Capacity |
The defense of diminished capacity is recognized in Pennsylvania, but it is extremely limited. The defense of diminished capacity only negates the specific intent requirement of first degree murder.
Pennsylvania courts have held that when evidence of an abnormal mental condition tends to prove that the accused could not or did not have the specific intent to commit the charged crime, such evidence, while not sufficient in itself to establish legal insanity, should be considered for the purpose of determining whether the charged crime was in fact committed. Defendant may rely both on the insanity defense and diminished capacity defense in the same case. |
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CRIMINAL
Responsibility and Criminal Capacity: Bifurcated Trial |
The Criminal Code provides for a separate trial on the issue of insanity, but the statute has been construed by the PA Supreme Court to require bifurcation only when the insanity defense is incompatible with another defense. The court declared that there is no need to separate the insanity defense from a claim of innocence, because innocence is always presumed.
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CRIMINAL
Responsibility and Criminal Capacity: Guilty But Mentally Ill |
Pennsylvania recognizes a verdict of "guilty but mentally ill," where a person found guilty of any crime may also be found mentally ill. The defense is available only if the insanity defense does not reach the necessary M'Naughten standard.
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CRIMINAL
Responsibility and Criminal Capacity: Voluntary Intoxication |
In PA, voluntary intoxication is not a defense to any criminal charge, except that it can be grounds for conviction of third degree murder instead of first degree murder.
The critical inquiry is whether the defendant was intoxicated to such a degree that he lost his rationality, faculties, or sensibilities so as to negate or lower the specific intent to kill; the trier of fact determines this issue. |
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CRIMINAL
Responsibility and Criminal Capacity: Infancy |
Exclusive jurisdiction over juveniles charged with offenses lies with the juvenile court, except in cases of specified violent felonies committed by minors aged 15 or older who use a deadly weapon and in cases of murder.
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CRIMINAL
Duty to Retreat |
Pennsylvania does not follow the majority rule on the duty to retreat before using deadly force.
The use of deadly force is not justified if: (i) the actor knows he can avoid using deadly force with complete safety by retreating, by surrendering possession of a thing to a person asserting a claim of right thereto, or by complying with a demand that he abstain from any action that he has no duty to take; or (ii) The actor provoked the use of force against himself in the same encounter with the intent of causing death or serious bodily harm. However, there is no duty to reatreat from one's own dwelling or in one's place of work unless the actor is the instigator or is assailed in his place of work by another person whose place of work the actor knows it to be. |
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CRIMINAL
Defense of Others |
Defense of others is available in PA without special relationship between the defendant and the person in whose defense she acted. The use of force is justifiable to protect a third person when
(i) the actor would be justified in using such force to protect herself against the injury she believes to be threatened to the person she seeks to protect; (ii) under the circumstances as the actor believes them to be, the person she seeks to protect would be justified in using such protective force; and (iii) the actor believes that her intervention is necessary for the protection of the other person. |
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CRIMINAL
Defense while making an arrest |
A police officer (or any person summoned to assist a police officer) may use deadly force if it is necessary to prevent a perpetrator's escape and the perpetrator
(i) has committed a forcible felony; (ii) is attempting to escape and possesses a deadly weapon; or (iii) has indicated that he will endanger human life or inflict serious bodily injury unless he is arrested without delay. |
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CRIMINAL
Resisting Arrest |
To be convicted of "resisting arrest," the underlying arrest must be lawful and the arresting officer must have acted with authority and probable cause. Note that even if an arrest is unlawful, a person cannot use force to resist an arrest that he knows is being made by a police officer. However, a person may use force if the arresting police officer unlawfully uses or threatens to use deadly force, and a person may use force to resist an illegal arrest by a person not known to be a police officer.
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CRIMINAL
Entrapment - Objective test: |
PA follows the minority rule objective test for entrapment. A defendant is entitled to acquittal if the police activity involves
(i) making knowingly false representations designed to induce the belief that such conduct is not prohibited; or (ii) employing methods of persuasion or inducement that create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it. The court applies an objective focus on the conduct of the police officers, and does not take a subjective look at the defendant's predisposition to commit the crime. |
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CRIMINAL
Offenses Against the Person: Battery |
In Pennsylvania Battery is called Assault
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CRIMINAL
Offenses Against the Person: Simple Assault |
A simple assault is:
1) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury to another; 2) Negligently causing bodily injury to another with a deadly weapon; 3) Attempting by physical menace to put another in fear of imminent serious bodily injury; or 4) Concealing or attempting to conceal a hypodermic needle on the defendant's person and intentionally or knowingly penetrating a law enforcement officer with the needle during the course of an arrest or any search of the person. |
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CRIMINAL
Offenses Against the Person: Simple Assault is a Misdemeanor of the Second Degree unless: |
It is committed:
(1) In a fight entered into by mutual consent, in which case it is a misdemeanor of the third degree; or (2) against a child under 12 years of age by an adult 21 years of age or older, in which case it is a misdemeanor of the first degree |
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CRIMINAL
Offenses Against the Person: Aggravated Assault |
A person is guilty of aggravated assault, a felony of the first degree, if he attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life.
Aggravated assault also includes intentionally or knowingly causing or attempting to cause bodily injury with a deadly weapon. Additionally a simple assuault of a public official in the performance of her duties is considered an aggravated assult, but it is greated as a felony of the second degree. Finally, the use of any noxious gas or any type of stun gun against a public official is a second degree felony. |
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CRIMINAL
Offenses Against the Person: Recklessly Endangering Another Person |
Recklessly engaging in conduct that places or may place another person in danger of death or serious bodily injury is a misdemeanor of the second degree.
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CRIMINAL
Offenses Against the Person: Assault and Harassment by Prisoners |
A person confined in or committed to any local, county or state detention facility or correctional institution is guilty of a second degree felony if he commits an assault with a deadly weapon or with other deadly force.
This includes throwing, spitting or expelling blood, saliva, or other bodily fluids or excrement if he knew, should have known, or believed that it was infected with HIV or another communicable disease. If the person has been sentenced to death or life imprisonment, the penalty is the same as that for second degree murder. |
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CRIMINAL
Retaliation Against Prosecutor or Judicial Officer |
A person commits this offense if he harms or attempts to harm another's person or property by any unlawful act in retaliation for anything lawfully done in the official capacity of a prosecutor or judicial official.
This offense is a felony of the second degree if the perpetrator: i) employs or attempts to employ force, violence, or deception on the prosecutor or judicial official or with the requisite intent or knowledge, or any other person; (ii) was acting in furtherance of a conspiracy to retaliate against a prosecutor or judicial official; (iii) solicits another to or accepts or agrees to accept any pecuniary or other benefit to retaliate against a prosecutor or judicial official; (iv) has a prior conviction under this section (or under similar federal or other states' laws) or (v) causes property damage or loss in excess of $1,000. Otherwise, the offense is a misdemeanor of the first degree. |
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CRIMINAL
Terroristic Threats |
A person commits the crime of terroristic threats if the person communicates, either directly or indirectly, a threat to:
(i) Commit any crime of violence with intent to terrorize another; (ii) Cause evacuation of a building, place of assembly, or facility of public transportation; (iii) Otherwise cause serious public inconvenience or terror with reckless disregard of the risk of causing such terror or inconvenience. A terroristic threat is a misdemeanor in the first degree, unless the threat causes an actual disruption of normal business operations or everyday life (the evacuation of a building), in which case it is a felony of the third degree. |
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CRIMINAL
Weapon of Mass Destruction |
A "weapon of mass destruction" is a bomb or chemical, biological, or nuclear agent.
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CRIMINAL
Threat to Use Weapon of Mass Destruction - First Degree |
A person commits a "treat to use a weapon of mass destruction" which is usually a misdemeanor of the first degree, when he intentionally
(i) reports, without factual basis, the existence of a weapon of mass destruction; or (ii) threatens the placement of a weapon of mass destruction. However, if the threat or report causes the occupants of a building, a place of assembly, or public transit facility to be diverted from their normal operations, the crime is a felony of the third degree. If the threat or report occurs during a declared state of emergency or disrupts the operations of any person, business or government agency where the weapon was reported to exist or threatened to be placed, the crime is a felony of the second degree. |
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CRIMINAL
Possession, Manufacture, or Use of Weapon of Mass Destruction |
A person commits a felony of the second degree (first offense) or of the third degree (subsequent offenses) when he intentionally, knowingly or recklessly possesses or manufactures a weapon of mass destruction. A person commits a felony of the first degree if he intentionally, knowingly or recklessly sells, purchases, transports, or delivers a weapon of mass destruction, without lawful authority, and the act causes an injury to another; damages to or disruption of the water supply, food supply, or public natural resources; or the evacuation of a building, place of assembly, or a public transit facility. If a death results, the defendant must be sentenced to life imprisonment.
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CRIMINAL
Harassment |
Harassment is committed when a person, with intent to harass, annoy, or alarm another:
(i) subjects another to physical contact; (ii) follows another in a public place; (iii) engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose; (iv) communicates to or about another in any threatening or obscene manner; or (v) communicates repeatedly to another, specifically including in an anonymous manner or at extremely inconvenient hours. Parts (i), (ii) and (iii) are summary offenses, while parts (iv) and (v) are misdemeanors in the third degree. |
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CRIMINAL
Stalking |
Stalking occurs when a person engages in a course of conduct, repeatedly commits acts toward another, or repeatedly communicates with another under circumstances that demonstrate an intent to place another in reasonable fear of bodily injury or an intent to cause substantial emotional distress to another.
Stalking is a misdemeanor of the first degree, unless the stalker has a history of violent crime against the victim or has previously been convicted of stalking, in which cause it is a felony of the third degree. |
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CRIMINAL
Mayhem |
Mayhem is not a specific separate offense in the Pennsylvania Crimes Code but is included within the definition of "serious bodily injury"
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CRIMINAL
Murder of the First Degree |
A criminal homicide is murder of the first degree when it is committed by an intentional killing.
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CRIMINAL
Murder of the Second Degree |
A criminal homicide is murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony.
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CRIMINAL
Murder of the Third Degree |
All other kinds of murder are third degree murder. Murder of the third degree is a killing done with malice, express or implied, but without a specific intent to kill.
Murder of the third degree is a felony of the first degree. |
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CRIMINAL
Voluntary Manslaughter |
Voluntary manslaughter is the killing of another without lawful justification under a sudden and intense passion resulting from serious provocation by:
(i) the individual killed; (ii) another whom the actor endeavors to kill, but instead negligently or accidently causes the death of the individual killed. Voluntary manslaughter also includes an intentional or knowing killing if at the time of the killing the defendant is acting under a belief that, if true, the defendant would be justified in committing the homicide, but his belief is unreasonable. |
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CRIMINAL
Involuntary Manslaughter |
A person is guilty of involuntary manslaughter when he causes the death of another as a direct result of his reckless or grossly negligent act, regardless of whether the act was lawful or unlawful.
Involuntary manslaughter is a misdemeanor of the first degree. If the victim is under 12 years of age and in the custody, care, or control of the person who caused the death, involuntary manslaughter is a felony in the second degree. |
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CRIMINAL
Homicide by Vehicle |
A person is guilty of homicide by vehicle, a felony of the third degree, when he recklessly or with gross negligence causes the death of another while violating any state or municipal law regarding the operation or use of a vehicle or the regulation of traffic (except those laws relating to driving under the influence) and the violation is the cause of death.
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CRIMINAL
Homicide by Drug Delivery |
A person who administers, dispenses, prescribes, sells or distributes any controlled substance or counterfeit controlled substance in violation of the Controlled Substance, Drug, Device and Cosmetic Act is guilty of third degree murder if another person dies as a result of using the substance.
This type of homicide is a felony of the first degree. |
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CRIMINAL
False Imprisonment |
Knowingly retraining another unlawfully so as to substantially interfere with his liberty is false imprisonment, a misdemeanor of the second degree. If the victim is under 18 years of age, it is a felony of the second degree.
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CRIMINAL
Kidnapping |
Kidnapping consists of unlawfully removing another a substantial distance, or unlawfully confining another for a substantial period in a place of isolation, with any of the following intentions:
1) to hold for ransom or reward, or as a shield or hostage; 2) to facilitate commission of any felony or flight thereafter; 3) to inflict bodily injury on or to terrorize the victim or aother; or 4) to interfere with public officials in the performance of governmental/political functions A removal or confinement is unlawful if it is accomplished by force, threat or deception, or, in the case of a person who is under the age of 14 years or incompetent, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of his welfare. Kidnapping is a felony of the first degree |
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CRIMINAL
Child Care |
In PA a parents' failure to furnish medical treatment for a child is a criminal offense.
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CRIMINAL
Soliciatation of Minors to Traffic Drugs |
A person 18 years of age or older commits a felony of the second degree when he
(i) solicits a person who is under 18 to engage in a violation of the Controlled Substance, Drug, Device and Cosmetic Act or (ii) delivers or conspires to deliver a controlled substance to such a person, intending, knowing or having reason to know that the person intends to engage in such a violation with the controlled substance. |
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CRIMINAL
Propulsion fo Missles into an Occupied Vehicle or onto a Roadway |
Whoever intentionally throws, shoots or propels any solid object into an occupied vehicle is guilty of a misdemeanor of the first degree.
Whoever intentionally throws, shoots, drops, or causes to be propelled any solid object onto or toward a roadway from an overpass or any other location adjacent to the roadway is guilty of a misdemeanor of the second degree. |
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CRIMINAL
Invasion of Privacy |
A person commits the offense of invasion of privacy, a misdemeanor of the third degree, or if more than one violation, a misdemeanor of the second degree, when he knowingly views, photographs, or films another person without that person's knowledge and consent and while that person is in a state of full or partial nudity and in a place where the person would have a reasonable expectation of privacy.
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CRIMINAL
Rape |
Rape may be committed by a man or a woman, and may be committed against one's spouse. Rape also includes sexual intercourse with a complainant who is less than 13 years old.
Rape is a felony of the first degree. |
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CRIMINAL
Statutory Sexual Assault |
A person commits statutory sexual assault, when that person engages in sexual intercourse with a complainant under the age of 16 years, the person is four or more years older than the complainant, and the person and the complainant are not married to each other.
Statutory Sexual Assault is a felony of the second degree. |
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CRIMINAL
Adultery |
PA has not statute making adultery a crime.
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CRIMINAL
Incest |
In PA incest includes marriage, sexual intercourse, or cohabitation (living together under the appearance of being married) with an ancestor or descendant, a brother or sister of the whole or half-blood, or an uncle, aunt, nephew or niece of the whole blood. Incest is a felony of the second degree.
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CRIMINAL
Bigamy |
Contracting or purporting to contract with another for marriage while already married, or knowing that the other is married, is a misdemeanor of the second degree, unless at the time of the subsequent marriage:
(i) The person previously married believes that the prior spouse is dead; (ii) The person previously married and the prior spouse have been living apart for two consecutive years throughout which the prior spouse was not known by the person previously married to be alive; or (iii) A court has entered a judgment purporting to terminate or annul any prior disqualifying marriage, but the judgment is in fact invalid, and the person previously married does not know that the judgment is invalid. |
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CRIMINAL
Involuntary Deviate Sexual Intercourse |
Involuntary deviate sexual intercourse, a felony of the first degree, is committed by engaging in deviate sexual intercourse with another person:
(i) by forcible compulsion; (ii) by threat of forcible compulsion that would prevent resistance by a reasonable person; (iii) by means of administering drugs or other intoxicants without the complainant's knowledge or consent for the purpose of preventing resistence; (iv) who is unconscious; (v) who suffers from a mental disability which renders him or her incapable of consent; (vi) who is younger than 13 or (vii) who is younger than 16 and the actor is four or more years older than the complainant and they are are not married. |
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CRIMINAL
Aggravated Indecent Assault |
Penetration, however slight, of the gentials or anus of another with a part of the actor's body for any purpose other than good faith medical, hygienic, or law enforcement procedures under any of the circumstances set forth for indencent assault below, is a felony of the second degree, unless the victim is younger than 13, in which case it is a felony of the first degree
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CRIMINAL
Indencent Assault |
A person who has indencent contact with the complainant or causes the complainant to have indencent contact with the person is guilty of indencent assault if:
(i) the person does so without the complainant's consent; (ii) the person does so by forcible compulsion or threat of forcible compulsion; (iii) the complainant is unconscious, under the effect of drugs, or suffers from a mental disability; (iv) the complainant is less than 13 years old; or (v) the complainant is less than 16 years old and the person is four or more years older than the complainant and the person is four or more years older than the complainant and the person and complainant are not married to each other. THe crime of indecent assault has grades ranging from second-degree misdemeanor to third-degree felony. |
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CRIMINAL
Indecent Exposure |
Exposing genitals under circumstances likely to cause affront or alarm for the purpose of arousing or gratifying sexual desire is a misdemeanor of the second degree. If the actor knew or should have known that anyone present was younger than 16, the crime is a misdemeanor of the first degree.
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CRIMINAL
Larceny - Theft by Unlawful Taking or Disposition |
Larceny is called "theft by unlawful taking or disposition" in Pennsylvania. This has been consolidated into the single offense of "theft" which is defined to be the unlawful taking, or exercise of unlawful control over, movable property of another with the intent to deprive the owner thereof.
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CRIMINAL
Theft of Services |
PA has statutorily provided for the crime of theft of services. It is a crime to intentionally obtain services for oneself or another which one knows are available only for compensation, without an intention of paying for such services.
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CRIMINAL
False Pretenses = Theft by Deception |
A person is guilty of theft if he intentionally obtains or withholds the property of another by deception. A person deceives when he intentionally:
(i) creates or reinforces a false impression, including an impression as to law, value, intention or other state of mind; (ii) Prevents another from acquiring information tat would affect his judgment of a transaction; or (iii) fails to correct a false impression that he previously created or reinforced or that he knows to be influencing another with whom he stands in a fiduciary or confidential relationship. |
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CRIMINAL
Theft by Extortion |
A person is guilty of theft if he intentionally obtains or withholds the property of another by threatening to:
(i) Commit another criminal offense; (ii) Accuse anyone of a criminal offense; (iii) Expose any secret tending to subject any person to hatred, contempt or ridicule; (iv) Take or withhold action as an official; (v) Bring about or continue a strike, boycott, or other collective action if the property is not demanded for the group the actor purports to represents; (vi) Testify, provide information, or withhold testimony or information with respect to the legal claim of another; or (vii) Inflict any other harm that would not benefit the actor. |
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CRIMINAL
Theft of Property, Lost, Mislaid, or Delivered by Mistake |
A person who comes into control of the property of another knowing that it has been lost, mislaid, or delivered by mistake is guilty of theft if he
(i) has the intent to deprive the owner of that property, and (ii) fails to take reasonable measures to restore the property to a person entitled to have it. |
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CRIMINAL
Receiving Stolen Property |
A person is guilty of theft if he intentionally receives, retains or disposes of the movable property of another knowing that it has been stolen or believing that it probably has been stolen, unless the property is received, retained or disposed with the intent to restore it to the owner.
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CRIMINAL
Theft of Services |
A person is guilty of theft if he intentionally obtains services, for himself (or for another) that he knows are available only for compensation by the use of deception or threat, or by false token or other trick or artifice to avoid payment for the service.
Theft of services is a summary offense when the value of the services obtained is less than $50. When more than $50, the offense is graded the same as other theft offenses. |
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CRIMINAL
Theft by Failure to Make Required Disposition of Funds Received |
A person who obtains property by agreement or subject to a known legal obligation to make specific payments or other disposition is guilty of theft if he intentionally deals with the property obtained as his own and fails to make the required payment or disposition.
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CRIMINAL
Retail Theft |
A person is guilty of retail theft if he:
(1) takes possession of, carries away, transfers or causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale by any retail merchant with the intent to deprive (ii) Alters, transfers or removes any markings that aid in the determining the value and are affixed to any merchandise and attempts to purchase such merchandise at less than the full value with intent to deprive; (iii) Transfers any merchandise from the container in which it is displayed to any other container with the intent to deprive; (iv) Underrings a sale with the intent to deprive; (v) Destroys, removes or deactivates any mechanism employed to prevent an offense under this section with the intent to deprive. |
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CRIMINAL
When Theft is a Felony of the Second Degree |
Theft is a felony of the second degree when
(i) the offense is committed during any disaster and is a theft by unlawful taking or disposition, receipt of stolen property, the unauthorized use of an automobile, or retail theft; (ii) the stolen property is a firearm or (iii) in the case of receiving stolen property, the property received is a firearm and the receiver is in the business of buying or selling stolen property. |
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CRIMINAL
When Theft is a Felony of the Third Degree |
Theft is a felony of the third degree when
(i) the amount involved is more than $2,000; (ii) the property stolen is an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle; or (iii) in the case of theft by receiving stolen property, the property received is not a firearm and the receiver is in the business of buying or selling stolen property. |
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CRIMINAL
Other Grades of Theft |
If the theft does not fall into Felony of the second degree or Felony of the third degree theft is a misdemeanor of the first degree, unless the property was not taken by threat or in breach of fiduciary obligation, and
(i) the value of the property was between $50 and $200, in which case the theft is a misdemeanor of the second degree or (ii) the value was less than $50, in which case the theft is a misdemeanor of the third degree. |
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CRIMINAL
Computer Crimes: Unlawful Use of a Computer |
A person commits unlawful use of a computer when she
(i) accesses, exceeds her authorization to access, alters, damages, or destroys any part of a computer system, network, program, database, website, or telecommunication device with the intent either to interrupt the normal functioning of a person or to devise or execute any scheme to defraud or to control property or services by means of false pretenses; (ii) intentionally and without authorization accesses, alters, etc. , any part of a computer system, network etc; (iii) intentionally or knowingly and without authorization gives or publishes a password or any other confidential information about a computer system, network. Felony in the third degree, but prosecution based on this offense does not bar proseuction of any other crime. |
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CRIMINAL
Computer Crimes: Computer Trespass |
A person commits computer trespass when she knowingly and without authority or in excess of given authority, uses a computer or computer network with the intent to:
(i) temporarily or permanently removes computer data, programs or software from a computer or computer network; (ii) cause a computer to malfunction, regardless of how long the malfunction persists; (iii) alter or erase any computer data, programs or software; (iv) effect the creation or alteration of a financial instrument or an electronic transfer of funds; (v) cause physical injury to the property of another Felony of the third degree. |
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CRIMINAL
Distribution of a Computer Virus |
Intentionally or knowingly distributing or possessing with the intent to distribute, software or program(s) that are designed or have the capability to:
(i) disrupt the normal operation of a computer system, network, etc. (ii) disable, damage or destroy the performance of a computer network, system, etc. Distribution of a computer virus is felony of the third degree. |
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CRIMINAL
Taunting or Torturing of Polcie Animals |
It is unlawful for any person to willfully or maliciously torment, kick, strike, torture, mutilate, disable, poison or kill a police animal.
A violation of this section is a third degree felony |
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CRIMINAL
Forgery |
A person is guilty of forgery when, with the intent to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury that is perpetrated by anyone, she
(i) alters any writing of another without his authority; (ii) makes, completes, executes, authenticates, issues, or transfers any writing so that it purports to be the act of another who did not authorize that act, or to have been executed at a time or place other than was in fact the case, or to be a copy of an original when no such original existed; or (iii) utters any writing that he knows to be forged in a manner specified in (i) or (ii) |
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CRIMINAL
Forgery: Definition of Writing |
The term "writing" includes printing or any other method of recording information, money coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege or identification.
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CRIMINAL
Forgery: Grading |
Forgery is a felony of the second degree if the writing purports to be part of an instrument issued by the government (money, postage stamps) or part of an issue that represents an interest in or a claim against any property or enterprise (stock, bond). Forgery is a felony of the third degree if the writing is or purports to be a document that evidences, creates, transfers, alters, terminates or otherwise affects legal relations (will, deed). Otherwise forgery is a misdemdeanor.
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CRIMINAL
Fradulent Destruction, Removal or Concealment of a Recordable Instrument |
A person commits a felony of the third degree when, with the intent to deceive or injure anyone, he destroys, removes or conceals any will, deed, mortgage, security instrument, or other writing for which the law provides public recording.
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CRIMINAL
Tampering with Records or Identification |
A person commits a misdemeanor of the first degree when, knowing that he has no privilege to do so, he falsifies, destroys, removes, or conceals any writing or record, or distringuishing mark, brand, or other identification with intent to deceive or injure anyone or to conceal any wrongdoing.
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CRIMINAL
Bad Checks |
A person commits a crime when he issues or passes a check will not be honored by the drawee..
GRADING: the grading of check offenses range from a summary offense to a felony of the third degree depending on the amount involved and whether the perpetrator has committed more than two such offenses within a five-year period. |
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CRIMINAL
Access Device Fraud |
A person commits a crime when he uses an "access device" to obtain property or services with knowledge that
(i) the card is stolen, forged or ficticious; (ii) the card belongs to another person who has not authorized its use; (iii) the card has been revoked or canceled; or (iv) he is not authorized to use the device. The offense is a felony of the third degree if the value of the property obtained was more than $500, a misdemeanor of the first degree if the value was between $50 and $500 or a misdemeanor of the second degree if the value was less than $50. A person is guilty of a felony of the third degree when he makes, sells, gives, or otherwise transfers to another a credit card or credit card number with the knowledge or reason to believe that it will be used to obtain property or services without payment of the lawful charges therefor. |
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CRIMINAL
Identity Theft |
A person commits identity theft when he possesses or uses the identifying information of another without consent to further any unlawful purpose. Identity theft is a misdemeanor of the first degree if property or services totaling less than $2,000 was obtained, and a felony of the third degree if the total value was $2,000 or more.
Regardless of the value involved, the offense is a felony of the third degree if it was committed in furtherance of a criminal conspiracy, or a felony of the second degree if the offender has committed identify theft twice before. If the victim is older than 60 or a care-dependent person, the punishment is one grade higher than it ordinarily would be. |
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CRIMINAL
Institutional Vandalism |
A person commits institutional vandalism when he knowingly desecrates, vandalizes, defaces or otherwise damages
(i) any place used for religious worship; (ii) any facility for burial or memorializing the dead; (iii) any educational facility or municipal building; (iv) the grounds adjacent to the above; or (v) any personal property located in any of the above. The offense is a felony of the third degree if the act (i) is a desecration - defined as defacing, damaging, polluting or otherwise physically mistreating in a way that the perpetrator knows will outrage the sensibilities of person who are likely to observe the act; or (ii) results in more than $5,000 of damage. Otherwise institutional vandalism is a misdemeanor of the second degree. |
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CRIMINAL
Burglary |
In PA , a person is guilty of burglary if she enters a "building or occupied structure" or separately secured or occupied portion thereof, with the intent to commit a crime therein, unless the premises are at teh time open to the public or the actor is licensed or privileged to enter.
An "occupied structure" includes any structure, vehicle, or place adapted for overnight accommodation or for carrying on business therein. A fenced-in storage lot is a place adapted for carrying on business. Burglery is a felony of the first degree. If the structure was not adapted for overnight accommodation and no individual was present at the time of the rime, it is a felony of the second degree. |
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CRIMINAL
Arson Endangering Persons |
A person commits "arson endangering persons" when he intentionally starts a fire or causes an explosion, or aids or agrees to pay another to do so, provided he
(i) thereby recklessly places another person, including but not limited to a firefighter, in danger of death or bodily injury; or (ii) commits the act with the purpose of destroying or damaging an inhabited building or occupied structure of another. |
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CRIMINAL
Arson Endangering Persons: Definition of Occupied Structure |
An "occupied structure" includes "any structure, vehicle or place adapted for overnight accommodation of persons or for carrying on business therein, whether or not a person is actually present."
If a building is divided into separately occupied units, any unit not occupied by the actor is "an occupied structure of another" |
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CRIMINAL
Arson Endangering Persons: Grading |
If nobody dies in the fire, the offense is a felony of the first degree.
If the person placed in danger dies, the crime is murder of the second degree, and If the fire was started with the intent to kill a person, the death of any person will result in a first degree murder charge. |
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CRIMINAL
Arson Endangering Property |
A person commits "arson endangering property" when he intentionally starts a fire or causes an explosion, whether on his own property or that of another, or aids or agrees to pay another to do so, and he
(i) commits the act with the intent of destroying or damaging a building or unoccupied structure of another; or (ii) thereby recklessly places an inhabited building or occupied structure of another in danger of damage or destruction; or (iii) commits the act with the intent of destroying or damaging any property whether his own or of another, to collect insurance for such loss. |
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CRIMINAL
Arson Endangering Property: Definition of Another |
Property of another includes any building or other property, whether real or personal, in which a person other than the defendant has an interest and which the defendant has no authority to defeat or impair, even though the defendant may also have an interest in the building or property.
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CRIMINAL
Criminal Trespass: Buildings and Occupied Structures |
A person commits trespass to a building or occupied structure when, knowing that he is not licensed or privileged to do so, he
(i) enters, gains entry by subterfuge, or surreptitiously remains in anybuilding, occupied structure, or separately secured or occupied portion thereof; or (ii) breaks into any building or occupied structures or separately secured or occupied portion thereof. An offense under paragraph (i) is a felony of the third degree, and an offense under paragraph (ii) is a felony of the second degree. As used in this section "breaks into" means to gain entry by force, breaking, intimidation, unauthorized opening of locks, or through an opening not designed for human access. |
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CRIMINAL
Criminal Trespass: Defiant Trespass |
A person commits defiant trespass when, knowing that he was not privileged to do so, he enters or remains in any place where notice against trespass is given by
(i) actual communication, (ii) a posting in a manner prescribed by law or reasonably likely to come to the attention of intruders, or (iii) fencing designed to exclude intruders. Defiant trespass is a summary offense, except that refusal to leave school grounds is a misdemeanor of the first degree. |
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CRIMINAL
Criminal Trespass: Simple Trespass |
A person commits simple trespass when, knowing that he is not privileged to do so, he enters or remains in any place for the purpose of threatening or terrorizing the owner or occupant of the premises, starting any fire on the premises, or damaging the premises.
Simple trespass is a summary offense. |
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CRIMINAL
Criminal Trespass: Agricultural Trespass |
Agricultural trespass is similar to defiant trespass, except that agricultural trespass applies specifically to agricultural lands and timberlands. Ignoring posted notices, avoiding fencing, or refusing requests to leave such lands constitutes agricultural trespass. Ignoring signs or avoiding fencing is a third degree misdemeanor; refusing a request to leave is a second degree misdemeanor.
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CRIMINAL
Criminal Trespass: Defenses to Trespass |
(i) the property or building was abandoned;
(ii) the premises were opend to members of the public at the time of the offense, and the actor complied with all lawful conditions imposed on access; and (iii) the actor reasonably believes that the owner of the premises or any other person empowered to permit access thereto, would have permitted him to enter or remain. |
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CRIMINAL
Perjury |
If any official proceeding, making a false statement under oath or equivalent affirmation, or swearing or affirming the truth of a statement previously made, when the statement is material and the affiant does not believe it to be true, is a felony of the third degree.
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CRIMINAL
Bribery |
In PA, the definition of bribery is extended to include any public servant, party official or voter, in exchange for a decision, vote, recommendation, exercise of discretion, or violation of a known legal duty. Bribery is a felony of the third degree.
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CRIMINAL
Possession of Firearms with Altered Manufacturer's Number |
No person may possess a firearm that has had the manufacturer's number integral to the frame or receiver altered, changed, removed or obliterated.
Violation of this statute is a misdemeanor of the first degree. |
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CRIMINAL
Offenses Against the Family: Concealing the Death of a Child |
A person is guilty of a misdemeanor of the first degree when he endeavors, either alone or by the procurement of others, to conceal the death of his child, so that it may not come to light whether the child was born dead or alive, or whether the child was murdered.
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CRIMINAL
Offenses Against the Family: Endangering the Welfare of Children |
A parent, guardian or other person who is responsible for supervising a child under 18 years old commits a crime when he knowingly endangers the welfare of the child by violating a duty of care, protection, or support. The crime is a misdemeanor of the first degree, unless a course of conduct is established, in which case the crime is a felony of the third degree.
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CRIMINAL
Offenses Against the Family: Dealing in Infant Children |
A person is guilty of a misdemeanor of the first degree when he trades, barters, buys, sells or deals in infant children.
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CRIMINAL PROCEDURE
Exclusionary Rule: Limitations on the Rule - NO GOOD FAITH EXCEPTION |
Under the PA constitutional provisions prohibiting unreasonable searches and seizures, there is NO "good faith" exception to the exclusionary rule.
Such an exception would effectively negate the judicially created mandate - reflected in the Rules of Criminal Procedure-relating to the requirements for issuance of a warrant in PA. The main purpose of the PA exclusionary rule, which is based on a strong notion of privacy embodied in the state constitution, is distinct from the main purpose of the exclusionary rule under the Fourth Amendment to the Federal Constitution, which was adopted to deter police misconduct. |
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CRIMINAL PROCEDURE
4th Amendment Evidentiary Search and Seizure - STANDING |
Unlike the federal Constitution, the PA Constitution provides persons who are on the premises during the search with automatic standing to assert a violation of their constitutional rights.
In PA a person has standing to challenge a search and seizure in any of the following circumstances: (i) he was present at the time of the search; (ii) he has a possessory interest in the evidence improperly seized; (iii) possession was an essential element of the prosecution's case; or (iv) he had a proprietory interest in the premises searched. |
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CRIMINAL PROCEDURE
4th Amendment Evidentiary Search and Seizure: Automatic standing to Object to Seizure of Evidnece in Possessory Offense |
Unlike the federal court rule, in PA, a defendant has automatic standing to challenge the admissibility of evidence alleged to be the fruit of an illegal search.
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CRIMINAL PROCEDURE
4th Amendment Things Held Out to the Public: Generally - NO EXCEPTION OF PRIVACY |
In PA an individual has a reasonable expectation of privacy in bank accounts. The privacy notion of Article I, Section 8, of the PA Constitution prohibits authorities from gaining access to depositors' bank records without probable cause.
However, this Rule is narrow, and nonfinancial personal information, such as a depositor's name and address, may not be considered to carry an expectation of privacy. PA has rejected the federal rule of US v. Miller. |
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CRIMINAL PROCEDURE
4th Amendment Evidentiary Search & Seizure Admissibility When Warrant Not Supported by Probable Cause |
Since PA has rejected the "good faith" exception to the exclusionary rule, in PA a warrant shown to be invalid because it is not based on probable cause cannot be saved merely because it was reasonable on its face and the police relied on it in good faith.
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CRIMINAL PROCEDURE
4th Amendment Evidentiary Search & Seizure: Search Incident to a Lawful Arrest - Geographic Scope Automobiles |
In PA, police may not conduct a warrantless search of an automobile, absent exigent circumstances, after its occupants are arrested, outside the autmobile, and in police custody.
PA has rejected the rule of NY v. Belton. |
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CRIMINAL PROCEDURE
4th Amendment: Evidentiary Search & Seizure Pen Registers |
The use of Pen Registers to monitor incoming or outgoing phone numbers violates the privacy notion of PA Constitution Article I, Section 8.
PA has rejected the rule of Smith v. Maryland. |
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CRIMINAL PROCEDURE
5th Amendment Privilege Against Compelled Self-Incrimination - Miranda Waiver Silence |
PA requires an explicit waiver of Miranda Rights.
PA has rejected the rule of North Carolina v. Butler. |
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CRIMINAL PROCEDURE
Right to Confront Witnesses |
Article 1, Section 9, of the PA Constitution mandates a "face to face" confrontation between a witness and the accused, and the use of closed circuit television testimony for the benefit of an alleged child victim violates the constitutional right.
The legislature has attempted to nullify Ludwig with statutes permitting use of videotaped depositions and closed circuit testimony of child victims or child witnesses for good cause shown. However, the supreme court has held the statutes unconstitutional because they did not include an assurance that the accused's right to face-to-face confrontation were otherwise satisfied. PA has rejected the rule of Maryland v. Craig. |
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REAL PROPERTY
Future Interests: Destructibility of Contingent Remainders |
Unlike in a majority of states, the rule of destructibility has not been abolished in PA.
Contingent remainders are still destructible. |
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REAL PROPERTY
Future Interests: Doctrine of Worthier Title (Rule Against Remainders in Grantor's Heirs) |
Like the Rule in Shelley's Case the doctrine of Worthier Title has been abolished in PA
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REAL PROPERTY
The Rule Against Perpetuities |
PA has applied the "wait and see" approach to the common law Rule Against Perpetuities. A gift would be struck down if it actually vested beyond the perpetuities period.
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REAL PROPERTY
Concurrent Estates: Joint Tenancy - Mortgages |
Although PA is generally a title theory jurisdiction, it adopts an intermediate view with respect to execution of a mortgage on joint tenancy property.
A mortgage executed by all of the joint tenants does not result in a severance of the joint tenancy. However if the mortgage is executed by fewer than all the joint tenants, the joint tenancy is severed and a tenancy in common is created. A mortgage by all produces the same result as a lien theory state, whereas a mortgage by fewer than all yields the same result as in a title theory state. |
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REAL PROPERTY
Concurrent Estates: Tenancy by the Entirety |
PA recognizes tenancies by the entirety, and in the absence of clear and convincing evidence to the contrary, this tenancy arises presumptively whenever a conveyance is made to a husband and wife.
In fact, if property is deeded to married individuals as joint tenants with a right of survivorship, it creates a tenancy byt he entirety. A deed to married persons as tenants in common, however, creates a tenancy in common. |
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REAL PROPERTY
Concurrent Estates: Right of Survivorship - One Spouse Kills the Other |
If one spouse feloniously kills the other, one-half of the property held as tenants by the entirety passes to the deceased spouse's estate. The other half is held by the slayer for the duration of his or her life, but passes to the estate of the slain spouse upon the slayer's death.
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REAL PROPERTY
Concurrent Estates: Severance Limited and Individual Spouse Cannot Convey or Encumber |
As long as the marriage continues, neither spouse may destroy the tenancy or alienate any portion of it for his or her exclusive benefit without the consent of the other spouse.
Moreover, a judgment entered against one spouse during the joint lives of both spouses does not attach as a lien against the entireties estate. |
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REAL PROPERTY
Concurrent Estates: Marital Status Critical |
Because tenancy by the entirety can be created only when a valid marriage exists between the grantees, two grantees or devisees who are not husband and wife, regardless of whether they are so designated, cannot take as tenants by the entirety. It is the actual marital status of the parties and not the words stated or omitted in an instrument that determines the grantees'right to take as tenants by the entirety.
A deed conveying property to two unmarried individuals as tenants by the entirety is not wholly invalid, but it cannot create a tenancy by the entirety. Although there is a statutory presumption against a right of survivorship, where the langugage in the deed shows an intent to create a survivorship interest, the deed creates a joint tenancy with right of survivorship. |
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REAL PROPERTY
Landlord and Tenant: Tenancies for Years - Creation |
Leases for more than three years must be in writing. Leases in PA need not be recorded.
Generally leases can be mortgaged. |
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REAL PROPERTY
Landlord and Tenant: Periodic Tenancies |
PA recognizes periodic tenancies from year to year and from month to month.
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REAL PROPERTY
Landlord and Tenant: No Double Rent Jeopardy for Holding Over |
In PA there is no double penalty for holding over.
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REAL PROPERTY
Landlord and Tenant: Tenant Duties and Landlord Remedies |
PA allows a tenant to surrender possession when substantial destruction to the property has occurred without the tenant's fault.
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REAL PROPERTY
Landlord and Tenant: Constructive Eviction |
In PA the landlord's actions need not make the entire premises uninhabitable; it is sufficient if the interference deprives the tenant of part of the premises.
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REAL PROPERTY
Landlord and Tenant: Implied Warranty of Habitability |
PA has adopted the implied warranty of habitability in residential leases and recognizes the remedies enumerated in the Multistate outline.
This warranty has not yet been held to impose a duty on a landlord to make repairs or necessarily expose a landlord to tort liability for failure to repair. |
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REAL PROPERTY
Landlord and Tenant: Proving Implied Warranty of Habitability |
To establish a breach of the implied warranty of habitability, a tenant must show that:
(i) she gave notice to the landlord of the defect or condition; (ii) the landlord had a reasonable opportunity to make the necessary repairs, and (iii) the landlord failed to make the repairs. Damages are measured by an abatement of the rent equal to the percentage of the rent that reflects diminution in use for the intended purpose. |
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REAL PROPERTY
Tort Liability of Landlord and Tenant: Landlord's Liability-General Duty of Reasonable Care |
PA follows the modern trend and imposes a general duty of reasonable care on landlords.
A landlord who retains control over property is liable for injuries if, by the exercise of reasonable care, the landlord could have discovered the condition and made it safe. |
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REAL PROPERTY
Tort Liability of Landlord and Tenant: Liability for Security Problems |
The reasonable duty of care does not extend to third-party criminal acts, unless the landlord undertakes to secure the area and fosters a reliance by his tenants on teh landlord's efforts.
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REAL PROPERTY
Adverse Possession: Running of Statute |
The statute of limitations for adverse possession in PA is 21 years.
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REAL PROPERTY
Adverse Possession: Payment of Property Taxes Not Required |
In PA, payment of property taxes is not a required element for establishing title by adverse possession.
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REAL PROPERTY
Conveyancing: Land Sale Contracts - Doctrine of Equitable Conversion - Risk of Loss |
In PA, the doctrine of equitable conversion is followed and the risk of loss passes to the buyer on the signing of the land sale contract.
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REAL PROPERTY
Conveyancing: Mechanics of Recording |
A properly recorded deed will provide constructive notice even if it is defectively indexed.
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REAL PROPERTY
Conveyancing: Race-Notice Statues |
PA is a race Notice Jurisdiction
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REAL PROPERTY
Possession Before Foreclosure - The Title Theory |
PA generally follows the title theory of Mortgages.
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REAL PROPERTY
Foreclosure - Statutory Redemption |
PA does not have the mortgagor a statutory right to redeem the property after the foreclosure sale has occurred.
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TORTS
Intentional Torts - Lack of Informed Consent to Surgical Procedures |
Operating on a patient without the patient's informed consent is characterized as a battery in PA.
To obtain an "informed consent' to a surgical procedure, a surgeon must disclose risks that a reasonable person would consider material to the decision of whether to undergo that medical treatment. |
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TORTS
False Imprisonment: Shoplifting Detentions are Privileged |
By statute in PA an officer, merchant, or merchant's employee must have probable cause to believe that reatil theft has occurred or is occurring and that the person detained has committed it...
The suspect may be detained ina reasonble manner for a reasonable time either on or off the premises in order to (i) require the suspect to identify himself and afford time to verify the identification; (ii) determine whether the suspect has unpurchased merchandise in his possession; or (iii) inform a peace officer or institute criminal proceedings against the suspect. |
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TORTS
Awareness of Imprisonment |
PA follows the rule of Restatement (Second) of Torts that the victim must either be conscious of the confinement or be harmed by it.
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TORTS
Intentional Infliction of Emotional Distress |
While PA has not expressly adopted the Restatement (Second) of Torts Section 46 on intentional infliction of emotional distress, courts have cited it as providing guidance.
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TORTS
Defenses to Intentional Torts: Consent - Criminal Acts |
In PA, parties involved in combat by mutual consent may recover actual but not punitive damages from each other.
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TORT
Defenses to Intentional Torts: Self Defense- Duty to Retreat |
PA follows the modern trend, imposing a duty to retreat before using deadly force unless the actor is
(i) in his own home; or (ii) in his place of work and assailant is not a co-worker. |
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TORTS
Defenses to Intentional Torts: Defense of Others |
PA follows the majority approach, permitting the use of force to aid another person when the actor reasonably believes the aided person would have the right of self-defense.
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TORTS
Defamation - Prima Facie Case |
In addition to proving the standard elements, PA also requires a showing of fault in all defamation actions.
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TORTS
Defamation - Slander Per Se -Injury presumed |
There are six categories of slander per se in PA:
1) Statement imputing business misconduct 2) Claim that plaintiff has a loathsome disease; 3) Words imputing an indictable criminal offense; 4) Allegations of serious sexual misconduct; 5) Charge of Communism; and 6) Statement imputing insolvency, financial embarrassment, unworthiness of credit, or failure in business. |
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TORT
Defamation - Falsity |
In cases not involving public figures or matters of public concern, the defendant has the burden of proving truth as a defense
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TORT
Defamation - Fault of Defendant's Part - Matters of Purely Private Concern |
By Statute, PA requires a showing of at least negligence on the part of the publisher, regardless of whether the defamatory statement involved a matter of public or private concern.
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TORTS
Invasion of Right to Privacy |
PA follows the Restatement (Second) of Torts, recognizing the four kinds of wrongful conduct.
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TORTS
Wrongful Institution of Legal Proceedings - Wrongful Civil Proceedings |
The "Dragonetti" statute makes both Plaintiffs and their attorneys liable for wrongfully procuring, initiating, or continuing civil proceedings in "a grossly negligent manner or without probable cause."
Accordingly, to succeed in PA on a cause of action for wrongful use of civil proceedings, the plaintiff must prove: (i) the underlying proceedings were termianted in her favor: (ii) the defendant here initiated those proceedings without probable cause or acted in a grossly negligent manner; (iii) the defendant here filed the original action for an improper purpose; and (iv) the plantiff her sustained damages as a result. Attorney have probable cause to bring an action when they reasonably believe in the facts on which the action is based and in the legal theory under which it is brought. |
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TORTS
Interference with Business Relations |
The PA requirements for establishing intentional interference with business relations are essentially the same:
(i) the existence of an actual or prospective contractual relationship; (ii) an intent to harm the plaintiff by preventing the relationship from occurring; (iii) absence of privilege or justificationon the defendant's part; (iv) actual damages as a result of the defendant's actions. |
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TORTS
Negligence: Prenatal Injuries - "Wrongful Birth" and "Wrongful Life" actions barred |
By statute, PA does not permit an action for damages based on claims that, but for the defendant's negligent act or omission,
(i) the plaintiff would not have been concieved or would not have been born (wrongful life) or (ii) the plaintiff's child, once conceived, would not have been born ("wrongful birth") The statute does not apply to actions for negligent failure to properly perform a contraceptive procedure ("wrongful pregnancy" actions) |
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TORTS
Negligence: Duty to Disclose Risk of Treatment |
In PA the failure to disclose the risks of surgical procedure creates an action in battery, not negligence.
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TORTS
Negligence: Increased Risk of Harm - Medical Negligence |
When physician's negligence is substantial factor in causing a patient's injury, the plaintiff does not have to prove to a certainty that proper casre would have , as a medical fact, prevented the injury.
If there was any substantial possibility of avoiding the injury, and the doctor has destroyed that possibility, he is liable. A causal connection between the injury suffered and the physician's failure to exercise reasonable care may be proved by evidence that the risk of incurring those injuries was increased by the doctor's negligent conduct. |
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TORTS
Negligence: Burden of Proof - Legal Negligence |
The "increased risk of harm" doctrine does not apply to attorney malpractice. To prove an actual injury, a plaintiff must show that she owuld have won the underlying action absent the attorney's alleged negligence.
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TORTS
Negligence: Children- Minimum Age for Capacity to be Negligent |
PA's rules on the minimum age for children to be capable of negligence are derived from criminal law:
(i) children under seven are conclusively presumed to be incapable of negligence; (ii) children from seven to 14 are rebuttably presumed to be incapable of negligence; and (iii) children over 14 are presumed to be capable of negligence. |
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TORTS
Negligence: Common Carriers and Innkeepers |
In PA, common carriers and innkeepers owe a special duty to their patrons, requiring the exercise of the highest degree of care.
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TORTS
Negligence: Automobile Driver to Guests |
PA follows the common law rule of ordinary care and has no guest statute.
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TORTS
Negligence: Duty of Possessor of land to those off the Premises |
A possessor of land is subject to liability for harm caused on adjacent property by the condition of a tree if the exercise of reasonable care would have disclosed the condition and the risk involved and the condition could have been made reasonably safe.
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TORTS
Negligence: Duty of Possessor of Land to a Trespasser |
PA follows the general rule of no duty to undiscovered trespassers. However PA law also imposes a duty to refrain from wanton conduct (conduct in recless disregard of a risk so great as to make the harm highly probable) or willful conduct (an intentional act of unreasonable character or risk known or so obvious that the actor must be aware of it)
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TORTS
Negligence: User of Recreational Land |
The limited duty owed to recreational users under PA's Recreational Use of Land and Water Act is the same as the Multistate
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TORTS
Negligence: Duty Regarding Negligent Infliction of Emotional Distress - PA rejects "Target Zone" Requirement |
PA courts have rejected the "target zone" or "zone of danger" concept in favor of the modern "foreseeability" approach in bystander cases.
This approach rquires a showing that (i) plaintiff and the person injured by the defendant are closely related; (ii) the plaintiff was prsent at the scene of the injury, and (iii) the plaintiff personally observed or perceived the event. PA retains the requirement that the plaintiff must have suffered physical injury as a result of witnessing the harm to the close relative. Physical manifestations of emotional suffering, such as depression, anxiety, stress and nightmares, qualify as physical injuries. |
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TORTS
Negligence: "Good Samaritan" Statutes. |
PA's Good Samaritan Statute protects medical personnel rendering emergency care or rescue, nonmedical personnel rendering emergency care or rescue who are currently certified in first aid and volunteers without compensation rendering services (including managers, coaches, instructors, umpires, or referees assisting in not-for-profit sports program)
There must be proof of gross negligence before a plaintiff can recover. |
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TORTS
Negligence: Defenses to Negligence - "Partial" Comparative Negligence |
PA has a partial comparative negligence statute. Recovery is barred only when the Plaintiff's negligence exceeds the combined negligence of all defendants.
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TORTS
Negligence: Defenses to Negligence - Last Clear Chance |
PA has abolished the last clear chance doctrine as inconsistent with comparative negligence
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TORTS
Negligence: Defenses to Negligence - Implied Assumption of the Risk |
A plurality of the PA Supreme Court has indicated that implied assumption of the risk should be abolished as a defense in negligence cases, while retaining express assumption of the risk.
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TORTS
Negligence: Wanton Willful Conduct |
PA does not apply comparative negligence principles to wanton or willful misconduct because of the intent aspects of that conduct.
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TORTS
Strict Liablity: Liability for Animals (Domestic - Nondangerous Animals) |
Strict liability does not apply in an action to recover for a dog bite, even if the owner of the dog had knowledge of the dog's previous biting of another person.
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TORTS
Strict Liability: Extent of Liability - Defenses Comparative Negligence States |
Comparative negligence is not applied to strict liability cases in PA. Thus "unknowing" contributory negligence (failure to discover or guard against the existence of the danger) is no defense, while "knowing" contributory negligence (assumption of the risk) is a complete defense.
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TORTS
Products Liablity: Existence of a Defect |
Under the "malfunction" theory, the trier of fact may infer that existence of a defect in a product from evidence that the product malfunctioned with normal use and in the absence of reasonable secondary causes.
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TORTS
Products Liability: What is a "defective product"? |
PA follows the majority rule for design defects, using a "risk utility" balancing test to determine if a product is unreasonably dangerous.
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TORTS
Products Liability: Liability based on Strict Tort Liability - Nature of Damages Recoverable |
PA follows the majority view denying recovery under strict liability where the sole claim is for economic loss. But note that the fact that the measure of a plaintiff's damages is in economic terms does not transform the nature of the injury into a strict economic loss.
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TORTS
Products Liability: Liability based on Strict Tort Liablity - Defenses |
PA does not apply its comparative negligence rules to strict liablity actions. Thus the defenses of assumption of the risk, misuse of the product, highly reckless conduct, and product alteration/substantial change are complete defenses, whereas failure to discover or guard against the existence of a defect (ordinary negligence) is no defense.
Hence, evidence of a plaintiff's ordinary negligence may not be admitted in a strict products liability action unless it is shown that an accident was solely the result of the user's conduct and not related to the defect in the product. In addition, government contractors can raise a government immunity defense for products prepared to government specifications. |
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TORTS
Product Liability: Implied Warranties of Merchanabilty and Fitness - UCC Alternatives on Horizontal Privity |
PA has adopted ALternative A, extending implied warranty protection to buyer's family, household, and guests who suffer personal injury.
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TORTS
Nuisance: Basis of Liablity |
Use of land that is generally recognized as injurious to the health or welfare of the community is a nuisance per set, so that proof of the nuisance may be made simply by proof of the act.
The existence of a nuisance per se depends on the surrounding circumstances, including the appropriateness of the location. In addition, the Commonwealth may declare by law that certain activities may be deemed a nuisance. |
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TORTS
Nuisance: Private Nuisance |
IN PA a private action for nuisance lies for conduct that is
(i) intentional and unreasonable, or (ii) unintentional and otherwise actionable under the rules controlling liability for negligent or reckless conduct or for abnormally dangerous conditions or activities. For a remedy of damages to be available, the plaintiff also must have suffered significant harm. |
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TORTS
Nuisance: Action for Waste |
PA recognizes the tort of "waste" defined as the destruction, misuse, alteration, or neglect of a property, by one lawfully in possession of the property, that injures another person's estate or interest in the property.
Plaintiff must have had some estate of inheritance in the real estate (remainder in fee simple) at the time waste was committed. |
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TORTS
Nuisance: Defenses - Protection for Existing Agricultural Operations |
A nuisance action may not be brought against an agricultural operation (hog farm) that has been lawfully operating for at least one year if the condition complained of is part of normal agricultural operations and has existed substantially unchanged for at least one year.
If the facilities have been substantially expanded within the past year, the agricultural operation may still avoid liability by showing that a nutrient management plan was approved by the state prior to the expansion. |
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TORTS
Vicarious Liability -- Autobmobile Owner for Driver |
PA has not adopted either the "family car" or the "permissive use" doctrine, retaining the general rule that a car owner is not vicariously liable for driver's torts.
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TORTS
Vicarious Liability - Parent for Child |
Parents may be liable for up to $2,500 in damages for the tortious acts of their minor children.
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TORTS
Vicarious Liability - Tavernkeepers |
Under PA Dram Shop Act, it is unlawful for any liquor licensee "to sell, furnish, or give" any alcoholic beverages to minors or visibly intoxicated persons.
It is not unlawful to supply alcohol to insane persons or "habitual drunkards or persons of known intemperate habits" unless theya re minors or visabily intoxicated. |
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TORTS
Multiple Defendant Issues: Release |
PA follows the majority view on releases: a release of one tortfeasor does not discharge the other tortfeasors unless expressly provided in the release agreement.
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TORTS
Multiple Defendant Issues: Contribution |
PA has adopted the Uniform Contribution Among Tortfeasors Act for cases to which joint and several liablity applies, establishing apportionment of contribution among joint tortfeasors based on comparative fault of each tortfeasor.
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TORTS
Multiple Defendant Issues: Contribution - Effect of Settlement |
In PA a joint tortfeasor entering into a settlement with the plaintiff is permitted to seek contribution from other tortfeasors whose liablity has been extinguished by the settlement.
However the settling tortfeasor cannot recover contribution from a tortfeasor whose liability is not extinguished by the settlement, even if the amount of the settlement turns out to be more than the settling tortfeasor's pro rata share of the judgment would have been. |
