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Definition
| Reasonable fear that use of force or touching could occur (attempted battery) |
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| Negligent Torts - 5 elements of proof |
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Definition
1. Defendant owed plantiff a legal duty
2. Defendant breached duty
3. Injury
4. Caus in fact
5. Proximate cause |
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| Professional negligence is never |
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| Responce to formal charge |
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| Insanity (criminally) definition |
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Definition
| At time that the offence was sommited, the defendant was unable to distinguish right from wrong |
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| Motion to supress evidence examples |
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Definition
| unlawful search or arrest, etc. |
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| The taking of personal property from another person by the use of fear or force. |
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| robbery with a deadly weapon |
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Definition
| unothorized entry into a structure with the intent to commit a theft or some other felony once inside |
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Definition
| wrongful or fraudulent taking of another persons property |
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Definition
| taking something of value that belongs to someone else with the intent to permanantely deprive the owner of it |
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Definition
| fire to someone elses property |
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Definition
| if human life is at stake |
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Definition
| creating document that looks legal or altering legal document (felony) |
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Definition
| Blackmail. Refered as blackmail when done to private person and extortion when public official |
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Definition
| Commited by business persons. Embezzlement, criminal fraud, bribery |
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Definition
| bank teller stealing money that was given to her to deposit |
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Definition
| consent, incident to arrest, evidence in plain view, where its likely evidence will be destroyed (flushing toilet), automobile (probable cause). |
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Definition
| Right to remain silent, anything you say can and will be used against you, yuo have right to lawyer. |
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| Miranda rights required when |
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Definition
| suspect, custody (not free to leave presence of officer. |
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Term
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Definition
| of 5th ammendment protects person for being tried twice for same crime. |
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Definition
| protection against unreasonable search and seizure |
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Definition
| protects against self-incrimination |
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Definition
| right to a public jury trial. |
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Definition
| tried by impatial jury where crime was commited, cross examine witness against accused, have lawyer, and speedy trial |
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Definition
| excessive bail shalll not be required, excessive fines, nor cruel and unusual punishment. |
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Definition
| to assure defendant comes to court. insurance bond, cash, property. |
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Term
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Definition
| law will be strictly interperated against state |
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Term
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Definition
| more than 95% (beyond reasonable doubt) |
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Definition
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| 6 elements of armed robbery |
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Definition
| Taking, anything of value, person, immeadiate control, force/threats, dangerous weapon. |
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Term
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Definition
| proscribed act that you are not to do |
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Term
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Definition
| Mental element (intent). (intended to possess weed?) |
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Definition
| Offence for which offender may be inprisoned at hard labor (state prison) D.O.C |
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Definition
| No hard labor in prison possible |
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Definition
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Definition
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| Possible pleas of defendant |
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Definition
| guilty, not guilty, nolo contendere (no contest, insanity |
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Term
| must go to prison if convicted... how many person jury? |
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Definition
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Term
| may or may not go to prison how many person jury |
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Definition
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Term
| robbery and burglary are what? |
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Definition
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Definition
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Term
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Definition
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Term
| to make an arrest officer must have probable cause which is what percent? |
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Definition
| more than 50%, more likely than not |
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Term
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Definition
| defines in detail the activities considered to be crimes within their justisdiction and the penalties that will be inposed. |
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Term
| 4 reasons for imprisonment |
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Definition
| incapacitate criminal so tey will not harm others, rehabilitate them, deter others from similar conduct, inhibit personal retribution by the victim |
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Term
| felonies inlude crimes that are |
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Definition
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Term
| 2 essential elements of a crime |
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Definition
| criminal act (actus reus) and criminal intent (mens rea) |
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Term
| serious crimes are usually brought to a ... |
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Definition
| grand jury, where they will issue an indictment |
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Term
| lesser crimes are brought before a... |
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Definition
| magistrate (judge) where he will issue an information |
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Term
| after indictment or information issued, accused is brought before a court for |
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Definition
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Term
| arraignment proceeding during which the occused is |
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Definition
| informed of charges, asked to enter plea. |
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Term
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Definition
| accused admits to lesser crime than charged and gets letsser sentence. |
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Term
| after criminal trial is over 3 rules apply |
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Definition
| if guilty, defendant can appeal. If defendant is innocent, gvt cannot appeal. |
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Term
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Definition
| jury that cannot come to unanimous decision, in that case the gvt may choose to retry case with new judge and jury. |
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Term
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Definition
| monetary damages sought to compensate for injury or mental destress. |
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Term
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Definition
| awarded to punish defendant. May be recovered in intentional tort and strict liablility cases |
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Term
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Definition
| assault, battery, false imprisionment, tresspass, etc |
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Term
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Definition
| a threat of immeadiate harm or offensive contact, or any action that arouses reasonable apprehension of imminent harm. |
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Term
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Definition
| unothorized and harmful or offensive physical contact with another person |
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Term
| merchant protection statutes |
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Definition
| reasonable grounds for suspision, suspects only detained for reasonable time, investigations conducted in a reasonable manner. |
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Term
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Definition
| defendant made an untrue statement of fac, and statement was published to a third party. |
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Term
| false statements that appear in magazine, movie, etc |
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Definition
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Term
| oral defamatory statement |
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Definition
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Term
| public officials must prove what |
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Definition
| that defendant knew stuff was untrue. |
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Term
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Definition
| did defendants wrong doing actually cause the injury? |
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Term
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Definition
| was the result of the defendants action able to be reasonably forseen. |
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Term
| negligent infiliction of emotional distress |
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Definition
| relative was injured or killed, plantiff suffered severe emotional distress, plantiff observed accident. |
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Term
| violation of a statute that causes injury |
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Definition
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Term
| res ipsa loquitur ("the thing speaks for itself") |
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Definition
| defendant had control of situation that caused injury, injury would not had occured but for someones negligence. |
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Term
| res ipsa loquitur requires the defendants to |
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Definition
| prove their innocence to escape liability |
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Term
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Definition
| make bars liable for injuries caused to or by persons who are served too much alcohol. makes bartender and bar liable |
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Term
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Definition
| driver not liable for hitchhikers injuries substained from his ordinary negligence |
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Term
| Defense against negligence |
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Definition
| superceding or intervening event, assumption of risk, contributory negligence, comparative negligence. |
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Term
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Definition
| a plaintiff who is partially at fault for his injury cannot recover against negligent defendant. |
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Term
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Definition
| damages proportioned according to fault |
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Definition
| using someone elses trademark on your product. IBM |
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Definition
| making false claims about a product or service that he knew was not true with intent to injure plantiff |
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