Basic Law Flashcards
stare decisis
“let the decision stand”
Dicta
Expressions in opinion that go beyond the facts and are individual views of author; not binding in subsequent cases
4 Types of Dismissals
No cause of action
Summary judgment - dismiss civil action as matter of law bc no issue of material fact
Directed verdict - after plaintiff’s case or complete trial
Judgment not withstanding the verdict
2 Elements of Burden of Proof
Production
Persuasion
5 Standards of Proof (and when)
Beyond Reasonable Doubt > 90% (Criminal)
Clear and Convincing - 70-80% (Civil with personal liberty ramifications, eg commitment, termination of parental rights, competence for medical decisions, deportation)
Preponderance of the Evidence - 51% (Civil with monetary alone, factual propositions more likely than not)
Probable Cause < 50% (basically for LEO to proceed, reasonable belief that person has committed a crime)
Reason to Believe - lowest standard (reporting child abuse)
Beyond a Reasonable Doubt general def
Proof that an ordinary person would be willing to rely/act upon it in most important of his affairs. NOT that there’s no possible way
4th A
Freedom from unreasonable search/seizure
5th A
Right not to incriminate oneself, and right to due process for federal defs
6th A
Right to assistance of counsel
8th A
Cruel/unusual punishment
14th
Due process for state defendants; equal protection
Equal Protection (Def and Additional Subpoint)
Similarly situated classes must be treated similarly. Must be a rational basis for different treatment
Suspect Classes (Def and Legal Significance)
Group that is particularly vulnerable to equal protection violations. Courts apply strict scrutiny standard when eval’ing constitutionality of law/action.
Strict Scrutiny Standard (Basic and 3 Reqs)
Courts presume law invalid unless gov’t can show: 1) compelling state interest; 2) narrowly tailored to achieve; and 3) least restrictive means to achieve
2 Elements of Due Process
Substantive Due Process (fundamental fairness)
Procedural Due Process
3 Components of Balancing Test for Procedural Due Process (& case)
Matthews v. Eldridge (1976)
1. Private interest affected by gov’t actions
2. Risk of erroneous deprivation of such interest through procedures used, as well as the probable value of added procedural requirements
3. Gov’t’s interest and extent to which it will be impeded by additional safeguards
Habeas Corpus
“May you have the body.” Basically to release somebody from unlawful imprisonment, nothing about guilt/innocence. Can be used for psych hospital
6 LMCs which Used Balancing Test
In re Richardson
Addington v. TX
Parham v. JL and JR
Ake v. OK
Santosky v. Kramer
WA vs. Harper
Right to Privacy
Not specifically enumerated, derivations from 1st, 3rd, 4th, 5th, and 9th amendments
42 U.S.C. 1983 (Civil Action for Deprivation of Rights)
Basically, any entity/gov’t/etc that deprives somebody as rights secured by Constitution, liable to be sued for damages
4 LMCs Filed Under 42 USC 1983
- Lessard v. Schmidt
- O’Connor v. Donaldson
- Rogers v. Commissioner
- Estelle v. Gamble
Tort (& Intent of Tort Law)
A civil wrong.
(Attempt to make injured party whole, usually financial restitution, to shift financial loss from injured party to tortfeasor)
Intentional vs. Unintentional Torts
Intentional: acts done with knowledge that damage may result
Unintentional: negligence; behavior which causes an unreasonable risk of causing harm
Psychiatry 3 Ex. Intentional Torts and 1 Ex. Unintentional
I: False imprisonment, violating civil rights, sex with patients
U: Professional negligence (malpractice)
4 D’s of Negligence
Duty
Dereliction/breach of duty
Direct cause of damage
Damages
4 Types of Damages
Actual - compensation for real loss (synonymous for compensatory and general damages)
Special - OOP expenses by the injured party
Pain and Suffering - physical & mental discomfort coverable as damages
Punitive - to punish defendant and make example of him (synonymous w/ exemplary damages)
Respondiat Superior (& aka)
Master liable for acts of servants/doctors for employees - vicarious liability
Malpractice Reform Economic or Non-Economic
Affects non-economic damages
Interrogatories
Sets of written questions that are answered in writing
Subpoena duces tecum
Command to appear w/ records
Mental Examinations of Non-Parties
Usually can’t be obtained bc right to privacy
Rule 26 of Rules of Civil Procedure
Information in deposition not ground for objection if reasonably calculated to lead to discovery of admissable evidence
4 Types of Mens Rea (Moral Penal Code)
1) Purposely
2) Knowingly
3) Recklessly
4) Negligently
Purposely Mens Rea
Conscious objective to engage in the conduct or cause the result, or is aware of existence of such circumstances or believes/hopes they exist
Knowingly Mens Rea
Defendant is aware that it is practically certain his conduct will cause such a result, or is aware conduct is of that nature of circumstances exist
Recklessly Mens Rea
Defendant consciously disregards substantial and unjustified risk, nature and purpose of his conduct and circumstances known to him, and disregard of risk is gross deviation from law-abiding person’s actions in actor’s situation
Negligently Mens Rea (& additional point)
When defendant should be aware of substantial and unjustifiable risk, but doesn’t take into account like reasonable person would
- Not criminal unless by statute: no intent to do harm but unreasonable to be unaware
Specific Intent 2 Mens Rea’s
Purposely and knowingly
General Intent 3 Mens Rea’s
Purposely
Knowingly
Recklessly
Felony-Murder
Killing of a person during commission of a specified felony
% of Cases that Plea Bargain
85-90
4 Purposes of Punishment
Deterrence (general) - set ex for others
Retribution
Rehabilitation
Removal of offender to protect society (individual deterrence or restraint)
Affirmative Defenses Burden of Proof (2)
Burden of production on defendant; persuasion might be too
Plea of Justification vs. Excuse
Justification claims act was right (or at least legally permissible), while excuse concedes was wrongful, but the actor shouldn’t be blamed
Examples of Justification vs. Excuse
J: Self-defense
E: Insanity or heat of passion
6 Affirmative Defenses
1) Self-defense
2) Duress defense
3) Insanity defense
4) Automatism defense
5) Entrapment defense
6) Necessity defense
Standard and 3 Key Elements of Self Defense
Standard: Necessity
A. Honest and reasonable belief that death or serious bodily injury is imminent
B. Defendant didn’t start the affray
C. (Some states) duty to retreat if possible
Imperfect Self Defense
Defendant can get murder charge reduced to manslaughter if honestly, but unreasonably, believed life was in danger
Duress Defense (def)
Actor engaged bc coerced to do by use of (or threat) unlawful force against self/other, that a person of “reasonable firmness” in his situation would have been unable to resist
Duress Defense Applicable Acts
Reversible crimes, like robbery. Murder not excused by common law
Quasi-criminal proceedings (what it is and 2 exs.)
Objective not punishment, but rehabilitation, but bc deprivation of liberty, strong due process protections in place.
- Civil commitment & juvenile delinquency
Legal Citations Order
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