1. Notice of Appeal, timely filed, initiates the appeal.
2. Trial Record Filed

3.Parties Brief Issues
4.Oral Argument
5. Decision

1. Affirm-->let the decision stand
2.Reverse-->throw out the decision or enter an opposite decision

3. Remand-->send the case back to the trial court
4. Some Combination of the 1st 3

1. Intend to harm or scare

2. Act-- words alone are not enough, there must be some outward movement creating immediate expectation of danger
AND

3. Result--reasonable expectation of immediate expectation of injury or offensive contact

1.  Intent--same as for assault
2.  Act--same as for assault

AND

3.  Result-- injury or physical contact offensive to a reasonable person
no harmless contact to a paranoid person

1. Consent (surgery vs. scapel attack and physical sports

2. Self-Defense: the privilege to use the amount of force reasonable necessary to repel real or apparent danger. *retaliation is not self-defense; deadly force is only allowed when there is a threat of death or serious bodily harm.

3. Defense of Others: the privilege to use the amount reasonable necessary to repel real or apparent danger to others

4. Defense of Property: the privilege to use the amount of force reasonable necessary to repel real or apparent danger to property *Deadly force may never be used to protect property alone, unless you are in the house

the intentional detention of another within boundaries for any length of time, with that person's knowledge and without consent.

1. Intentional: not accidentily locking you in
-words alone are enough
2. With that person's knowledge and w/out consent
-bouncer who left drunk guy in the bar

-the goal is to recover for the feeling of being detained

Shopkeepers Privilege

an intentional act of extreme or outrageous nature causing severe emotional distress (needs to be medically diagnosable)

-needs some physical consequence (ie Shaina ran over your sister intentionally, you could sue her for this)

1. intentional act: purpose or recklessness

2.  of extreme or outrageous nature
3.  causing severe medically significant emotional distress

Real Estate:  anything attatched to land or building

1.  Intentional entry onto the land of another without permission

2.  This also involves any damage you do to the real estate

Example: cutting through fence and walking on land

Property, not real estate

1.  intentional damaging or deprivation of another's personal property

Example: sledge hammering another's car, but not totalled
or taking another person's car for a joy ride

property

1.  intentional retention or severe damaging of another's personal property
Examples:  Hitting another person's car until it's totalled, or stealing someone's car with intent to keep it

*every conersion is also a trespass to chattels
*criminal form is larceny

1.  Arrest

2.  Charges filed by indictment or information
(indictment by grand jury or information by prosecutor)

3.  Arraingnment and plea
-formal reading of charges
-plead guilty for a lesser charge or a fixed punishment

4. Disclosure

-process of gathering info prior to trial in a criminal case

5.  Trial

-needs to be proven guilty beyond a reasonable doubt

6.  Post Trial

-appeal- includes right to counsel

--habeous corpus--> right to challenge basis for incarceration

Define the Two Elements of a Crime:

Actus Reus

Mens Rea

Actus Reus

- the unlawful act

Mens Rea

the required criminal intent

Example:  Larceny-- the taking of the property of another (actus reus) with the intent to permanently deprive the owner of it (mens rea)

Define the 4 Classifications of Crime (by Punishment)

Capital Offenses

Felonies

MIsdemeanors

Infraction

Stealing property entrusted to your possession.

Not wrongful taking, but misappropriating.

a mistake of law is not a defense,

a mistake of fact is a defense only if it negates a required criminal intent.  The stolen white jeep example from class.

a wrongful threat of immediate danger coerces the danger where the threat of the threat is greater than the danger of the crime. 

Example: holding a gun to someone's back telling them to steal candy

Miranda Rights:  What are they?

When do they apply?

a suspect must be knowingly informed of his constitutionally protected rights before he can validly waive them.

This applies to any situation where a suspect is in custody

A complaint (Petion):  initiates the lawsuit; attempts to state or more causes of action (valid claims)

Served with a summons requiring an answer to be filed with the court by a certain time or an appearance in court on a certain date.

Failure to file an appropriate response can result in a default judgement which means the defendant loses the case without a trial

A counterclaim (cause of action against the plaintiff by the defendent) may be included with answer

def: written questions sent to a party which must be answered in writing and under oath

generally open ended questiosn

def: written statements sent to a party which must be admitted or denied

basically: admit or deny allegations, or other revealing statements

YES/NO questions

NOT under oath

def: a written request sent to a party requiring the delivery of documents or objects at a specified place and time

physical evidence production

def: a motion which may be filed by any party asking for a judgement based upon affidavits and the sworn evidence uncovered during discovery

the facts are not in dispute, only the law is in dispute

requires the court to find that there is no genuine issue of material fact

1st stage of trial

Latin:  means to "tell the truth"

The potential jurors are questioned under oath about bias or prejudice against or in favor of one of the parties

Motion for a Mistrial

&

Motion for Directed Verdict

Plaintiff's Case (3rd Stage of Trial)

Direct Examination, Cross Examination, and Redirect Examination

1) question by the party who calls the witness

2) question by the other party
3) new questions to a party's witness to eliminate damage or confusion to the case caused by cross examination

Direct:

Cross:

Redirect Examination:

Motion for a New Trial

&

Motion for Judgment N.O.V. (Notwithstanding the Verdict)

Negligence

Defined

def: an unintentional violation of a legal duty to use a standard of care which causes damage.

(bus driver who runs a red light and destroys a honda civic, leaving a scapel in someone's body after operation, babysitter letting kid drown)

1) unintentional?

2) a legal duty or standard of care?
standard of care varies with the actor and activity

-- there is a higher standard of care for doctors and there is a higher standard of care for operating a gun

3)  A violation of that standard?
--typically this is a fact question where a judge or jury can decide

--negligence per se: if there a violation of a standard of care, then it is automatically presumed to be negligence

4)Causation of Damages?

--the negligence has to be an essential factor in the chain of events

AND

there has to be proximate cause

eg.

the guy walking on the train with the fireworks, the train company cannot be sued for somebody getting injured 500 ft away after the conductor fails to provide the standard of care for helping the fireworks passenger on the train

def: the recovery of the plaintiff is reduced by the plaintiff's % of fault in the damages

if he is 5% negligent and the damages are $100k then he will get $95k

def: the recovery of the plaintiff is barred by any negligence of the plaintiff in causing damage

ex: if the plaintiff was speeding when he got hit with a car that ran a red light he cannot collect any damages from the defendent

0% or 100% liability only

A nascar driver cannot sue another nascar driver for accidentily tapping his car into a wall and making him do flaming barrel roles into the crowd.

Similar to the defense of consent in a battery case.

Immunities: Defense to Negligence

Sovereign Immunity

Official Immunity

1) def: can only sue the gov't if it gives you permission

2)def: cannot recover from gov't officials if the act complained of involves a matter of policy and there was no malice by the official

Strict Liability:

Ultra Hazardous Activity

&

Products Liability

1) def: an activity so abnormally dangerous that the actor is the guarantor of the safety

example:  storing dynamite; even if you follow every standard of care, if it blows up you are still liable for damages

2)def:  the defendant marketed the product
the product was unreasonable dangerous or defective
the plaintiff suffered physical injury as a result of the defect

example:  Ford Explorer/Firestone fiasco, Ford had to take all the liability