US vs England

As it relates to Constitutions

• Establishment clause-Wall of separation between the state and the Church
  • The government is not to aid or hinder a religion: "Wall of separation"
• Exercise Clause:
  • The Right to practice Religion:
    • Exception: Cant practice religion if it violates a statute.  Example: Mormans and Poligamy. and Smoking Marajuana
    • Health and Welfare: Government can interfere if it relates to health and welfare.

Little Kids that Trespass:

Example: Trampoline: attractive nusense doctrine

higher degree of responsibility

Outhouse Incident:

Licensee Liable or Not?

Someone invited on property for purpose of profit.

Landowner has the highest degree of care to a Business Invitee

Must be a licensee, and also inspect the property to make sure there is no debris there.

As long as they inspect the property, and warn of any know dangers, they are not held liablel

Wild Animals: if you have a wild animal, and you reduce to captivity, you are Liable without fault

If you have a wild animal in captivity, and the wild animal escapes, you are no longer held liable. unless you are in hot purstuit, then you are still strictly liable.

If they have the propensity to come back, then u are held liable.

 Everything else (2 types)

1) Intervivos Gift- Christmas Gift, Birthday Gifts, Courtship Gifts etc. Irrevocable; unless its a gift in contemplation of marriage.  (If the marriage doesnt occur, you get it back

2) Causamortus Gift: Gifts given in anticipation of death; You think you are going to die, you are having surgery, take your ring off and gave it to someone in case you die;  If you live, you can get it back.

Requirments for a Completed Gift

and what does that mean.

Once given, cant get it back

Requirements:

1. Intent- Donor must intend to give the gift
2. Delivery of the personal property item; can be actual or constructive
3. Must be accepted by the Donee

Lost or Mislay

And What that Means

Lost-If its lost property, the finder has the right to posess.

Mislay-intentially left somewhere with the intent to get it but forgot to get it before they left

The finder, nor the landowner have the right to own, but the landowner would have the right to posess over the finder if found on the property

Can the Finder be the Owner?

Unless...

Finder is never the owner

Unless its Abandoned...Abandoned Property:

When it is really abandoned property, the finder is actually the owner.

Both the Bailor or the Bailee can sue the 3rd party who injurs the lawnmower

If order for it to be a bailment, the Bailee must knowingly accept the item

Not a Bailment for the diamond ring in the pocket, because it isnt normally contained therein

Not a Bailment for the diamond ring in the pocket, because it isnt normally contained therein

When someone takes personal property

• Trespass- Borrow with the intent to return it
• Conversion-Taking a product, and significantly damage it, or dont intend to return it (Civil: Theft)

More Lawsuits for Negligence, than any other cases.

1. Must owe a duty- owe a duty to pedestrians, property owners etc.
2. Must be a breach of that duty: you didnt do what u were supposed to do
3. Proximate Cause
4. Injury or Damages

When you dont do what you are supposed to do. 

•     Life Guard reading book
•     Eating Sandwich

Causal relationship between my actions and your injuries

Both a Criminal Act and a Civil Act

A civil wrong- not criminal

Plaintiff- Individual, not state

Breach of Contract

What Kind of Action?

Tort

What kind of offense/wrong?

Intentional Torts- person means to commit the civil wrong, or they are grossly negligent

Ex: Assult, Battery, False Imprisonment

1. Criminal Assult; speedy trial
2. Civil Assult- fear or apprehension of immediate bodily harm

•  
  • Person intended to cause the wrong
  • Also have Punitive Damages: To punish person for wrong doing; only for intentional TortsBattery:  An intentional Wrongful Touching 

1.  
   • Ex: Punches him in face: Commits the crime

fear or apprehension of immediate bodily harm

•  
  • Person intended to cause the wrong
  • Also have Punitive Damages: To punish person for wrong doing; only for intentional TortsBattery:  An intentional Wrongful Touching 

1.  
   • Ex: Punches him in face: Commits the crime

1. Feesimple
2. Feesimple Defeasible
3. Life-Estate

The highest degree of ownership that you can get

a feesimple "with a string attached to it"

Must Say, John and Mary, and Joe, Joint Tenants.  If A dies, B and C become half owners if 2 are left.

Must Say, John and Mary, and Joe, Joint Tenants.  If A dies, B and C become half owners if 2 are left.

Only husband and wife can have tenancy by the entirety;  very similar to joint tenancy.

Establishment clause-

Symbolic Speach etc

•  
  • Exceptions:
    •  
      • Defamation of Character
      • Obsenity: not protected.  -Words alone are not enough to be obsene.

NO

Just because a Legislative Branch passes a law, it doesnt mean that the law is constitutional.

Moose Lodge and Allowing 

Minorities and Women:

Criminal Law

Vs Who?

What is the Burden of Proof?

Who is the Plaintiff?

Who Gets Compensated?

12 Jurors

w/unanimous decision

8 Jurors

w/unanimous decision

Misdemeanors: Less Serious Crimes: Assult, Holding a Beer under the age of 21, 1000 fine and max 6 months in Jail

• 1)If the item is in plain view
• If evidence is found in a location where one was looking for another object for which they had a warrant for
• 2)If you voluntarilly allow them to come in or allow them to search through something.
• 3)Search as an incident to the arrest
  • Can search you or anything within reach
    • Includes glove box, under seat, places around you...but...not the trunk
    • If they do place you under arrest, they can impound the car, then get a warrant for the search
• 4)Emergency Situation
  • Includes if evidence is going to be destroyed
• 5)Stop and Frisk Rule-  Based on their experience and expertise, police believes that they may be about to perform a crime

Are they where they have a right to be?