Criminal Law 3

Question 1

Shopkeeper’s Rule

Answer 1

Under the SHOPKEEPER’S RULE, a business person has a limited privilege in some jurisdictions to detain a suspected thief, e.g. shoplifter or embezzling employee to investigate the shopkeeper’s claim to the goods, even though it may be determined that no wrongful taking has been committed

Question 2

Fresh Pursuit

Answer 2

Fresh Pursuit relates to the requirement that a person recapturing a chattel or a shopkeeper detaining a suspected thief must do so without unreasonnable delay after discovering the loss.

Question 3

NEGLIGENCE

Answer 3

Liability for NEGLIGENCE requires proof of a duty of care owed by the defendant to the plaintiff, a breach of that duty, and that the breach was the actual and proximate cause if damages suffered by the plaintiff

Question 4

GENERAL DUTY

Answer 4

The general rule of duty holds that everyone owes a duty to exercise due care so as not to subject others to unreasonable risks of harm

Question 5

CARDOZO RULE OF DUTY

Answer 5

Under Palsgraf v. Long Island Raildroad Company. Justice Cardozo’s majority opinion held that a defendant owes a duty only to those who could forseeably be endangered by the defendant’s negligent act. Therefore, according to the rule, there is no duty owed to a plaintiff who is in a position if apperent safety when the defendant commits a negligent act. This is the so called: “ Orbit of Danger” test.

Question 6

ANDREWS RULE OF DUTY

Answer 6

Andrews gave a dissenting opinion which has been applied as the majority opinion in other cases. Andrews argue that if the defendant owes a duty to anyone, then he owes a duty to.everyone who could foreseeably be injured by his action. Thus, Cardozo looked at the issue from a perspective of identifying whether a duty is owed while Andeews considered the issue as one of proximate causation.

Question 7

RAPE

Answer 7

Is sexual intercourse with a woman without her consent.

Question 8

STATUTORY RAPE

Answer 8

Sexual intercourse with a willing female under the age of consent

Question 9

SODOMY

Answer 9

Is the term used generically to cover what the common law or state legislators regard as seriously “ deviate” or “ unnatural” sexual practices.

Question 10

DUTY OWED BY A GOOD SAMARITAN

Answer 10

To render such aid some jurisdictions have enacted statutes designed to encourag physicians to render emergency aid, by limiting the liability that could otherwise be imposed upon them. Generally speaking, liability can be imposed upon them only for reckless or whanton misconduct.