Exam 2(prep)
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68 terms
Terms | Definitions |
|---|---|
 Doctrine of strict liabilities | The plaintiff needs to prove only that the tort happened and that the defendant was responsible. |
| Reasonable suspicion | Allows officers to investigate people, less strict then probable cause; 4th amendment |
| Common Law Crimes | 8 common law crimes form the basis of penil (criminal) code. Mrs m lamb |
| what are the 8 common law crimes | murder, rape, sodomy, manslaughter, larceny, arson, mayhem, burglary |
| Tort | a civil wrong, other than breach of contract, in which the law provides a remedy. Breach of duty owed to another that causes harm; private wrong. Tort laws are the biggest body of civil law/private law. |
| what are the 3 types of torts | intentional; negligence, strict liability |
| Intentional (tort) | What they intend to do. Totality of circumstance measures the intent before, during, and after the act. What is examined by lawyer. |
| Negligence (tort) | Careless conduct. Tort that protects from unintentional but careless conduct; Determine whether "reasonable person" would have done this. 4 factors |
| what are the 4 factors of Negligence (tort) | duty, breach of duty, proximate cause, damage. |
| Strict Liability (tort) | Liability without proving to be at fault. |
| Inchoate Crimes | Breaks the doctrine of fusion apart; conspiracy, attempt, and solicitation. these crimes have no actus reas, just mens rea. |
| Doctrine Of Fusion | The government must prove mental intent and act on a crime; In defense of the accused, the act of fusing Actus Rea and Mens Rea before the court in which to prove evidence. |
| Actus reas | the physical part of the crime; the guilty act |
| Mens rea | the criminal intent that must be established; the guilty mind |
| what are the 2 Main Categories of Crime | Felony; Misdemeanor |
| Felony | go to prison for greater than or equal to 1yr and/or be fined greater than or equal to $1000; Possible loss of voting rights and carrying weapon; different degrees. |
| Misdemeanor | Go to jail for less than or equal to 1yr and/or be fined less than or equal to $1000. |
| Nuisance (public) | unreasonable interference with a right held in common by the general public |
| Slander | Tort defending against spoken defamation of persons. |
| what are the 4 types of slander | spoken word, telling lies, publicizing, causing damage. |
| Nuisance (private) | an activity that substantially and unreasonably interferes with the used and enjoyment of land |
| Fee Simple Absolute(FSA) | In property law, an absolute ownership interest in an estate without restrictions. Highest and best form of property ownership. |
| Life Estate | FSA owner can grant ownership of property to someone for the measured on the duration of their natural life. Once dead the land goes back to FSA owner. |
| Estate Pur Autrie Vie | Life estate measured on someone elses natural life. |
| Vicarious Liabilities | Form of strict, secondary liabilities that arise under the common law doc. of agency(respondeat superior). If liability for the tort requires a state of mind, the directing officer must have that state of mind. |
| Respondeat Superior | an employer is responsible for the actions of employees performed within the course of their employment; "let the master answer" |
| Res Ispa Loquitur | Common law, injured based on defendants negligence and therefore presumed to be at fault. i.e. lawnmower and dog; latin for "the thing speaks for itself" |
| Interference with Contractual Relationships | A tort which there is a valid contract, and the defendant knowingly and intentionally caused a breach of the contract, resulting in damages to the plaintiff. |
| Parole Evidence Rule | Substantive common law that claims any agreement made by both parties prior to signing the contract that was not incorporated into the contract is barred upon signing by this rule in seeking to alter the terms of the contract. |
| Res Judicata | Civil law rule that prohibits the same dispute between two parties from being reopen by a court after final judgment has been entered and all appeals exhausted. |
| Double Jeopardy | Criminal law rule that protects a defendant from being tried a second time for the same crime. |
| Implied Warranty | Unwritten, unexpressed promise or guarantee that a court infers to exist and that accompanies a good/product. i.e. "boomerang example". |
| Expressed Warranty | A promise in addition to an underlying sales agreement that goes beyond the terms of the sale agreement which the promisor assures the description, performance, or quality of the goods. |
| Alternative Dispute Resolution(ADR) | Attempt to settle civil cases before trial. Required in the state of FL. Two types |
| what are the 2 types of ADR | Arbitration, Mediation. |
| Plea Bargaining | Method of settling criminal cases by pleading guilty to charges in an attempt to lessen charges/consequences. Can either plead guilty, lesser charge, or nolo contendere(no contest). |
| Statute of Frauds | Requires contracts to be in writing and signed by all parties in order to prevent injury from fraudulent conduct if |
| what are the 6/7 statutes of frauds | 1.Contracts in consideration of marriage; 2. Contracts that cannot be performed within one year(statute of limitations); 3. Contracts for the transfer of an interest in land; 4. Contracts by the executor of a will to pay a debt of the estate with his own money.; 5. Contracts for the sale of goods above a certain value; 6. Contracts in which one party becomes a guarantor for another party's debt or obligations. |
| Quit-Claim | Deed that passes whatever interest and control of a property to someone else without providing assurance of ownership. |
| Warranty Deed | Deed that claims the seller must defend the title of the property against any individuals claiming to seek the title of the property. |
| Easement | Right to enter land owned by another and makes certain use of it or to take something from land. i.e. utility workers, firefighters. |
| Covenant | Property law in writing, an agreement between two or more parties that places certain restrictions on the use of property or obligations the owner of the property to take specifications with respect to the land. |
| Adverse Possession | Act of taking ownership of a property by openly, notoriously, and continuously living on a property in an uninterrupted environment for 7yrs.(Quite Title) |
| Tacking | Each adverse possessor can tack there time to others when trying to obtain a quite title on a property. |
| Eminent Domain | Power of the government to condemn property for a public use without consent of the owner(condemnation).; With rights from 5th amendment comes the issue of "just compensation" |
| Independent Contractor | Not held liable under respondeat superior. Cannot be held vicariously liable for the tortuous acts and damage of the contractor during the time which the contractor is working on private property. |
| Title 7 of the Civil Rights Act of 1964(Employment Discrimination/Harassment) | Prohibits discrimination by covered employers on the basis or race, color, religion, sex or national origin. |
| Doctrine of Transferred Intent | The intent of the person committing the crime is transferred outcome of the act. Used in both criminal and tort law. |
| Quantum Meriut | You are entitled to be paid the reasonable value of your services and material in a contract action when you have completed the work and the buyer refuses to pay because of some "minor" difference in what was contracted for. |
| Court Of Equity | Only refers to conduct. Judge can order someone who is not doing something he/she is legally required to do to start doing it and vice-versa. |
| Jurisdiction | Power or authority over case. If court does not have jurisdiction, all work on case is invalid. |
| In Personum | A courts power over the person involved in the action. Personal and best type of jurisdiction. |
| In Rem | Court can file lean on persons property. |
| Tenants in Common | Ownership where tenants own the undivided property. If passed away heir will take over the undivided ownership. |
| Joint Tenants with the Right of Survivor-ship(JTWTROS) | If one tenant passes away, the other claims full ownership of all property. |
| 1st Amendment Limitations | Time, Place, and Manner |
| 5th Amendment Immunity | Immunity is granted by the court to where whatever the defendant says cannot be used against him as evidence. Also "pleading the fifth". |
| Deposition | Sworn testimony, written or oral, of a person taken outside of court. |
| What is Law | A system of rules and regulations that govern our lives and society; in our action or inaction and for which a violation results in an action. Flexible to meet the needs of the evolving society. |
| Tresspass to personal property | Intentional and wrongful interference with possession of personal property of another without consent |
| Tresspass to land | Unauthorized intrusion by a person or a thing on land belonging to another, regardless of whether it was a mistake. Not necessary to set foot on land to constitute trespassing. |
| Mechanics Lean | Any service on real estate that is not paid. Must file lean within 12 months of service provided. |
| Bill of Rights, Amendment 1 | Freedom of speech, religion, press, rights to assemble, and petition of government |
| Bill of Rights, Amendment 4 | Right against unreasonable search and seizure(probable cause) |
| Bill of Rights, Amendment 5 | Bill Of Rights protection against self-incarceration and just compensation |
| Bill of Rights, Amendment 6 | Confrontation Clause, rights of the accused in criminal law be guaranteed a speedy public trail as well as the right to seek counsel |
| Bill of Rights, Amendment 8 | Right against cruel and unusual punishment, includes excessive fines |
| Bill of Rights, Amendment 14 | Citizenship Rights |
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