Exam 2 Flashcards
What are the aspects of Negligence?
Duty of Care, Breach of Duty, Causation
What is Duty of Care?
The obligation people owe each other not to cause any unreasonable harm or risk of harm
Breach of Duty
A failure to exercise care or to act as a reasonable person would act
Under Causation, what is Actual cause
“but for” test. But for the defendant’s conduct, would the accident have happened?
Proximate cause
A point along the chain of events after which the negligent party is no longer legally responsible.
What is Palsgraf v. The Long Island Railroad Company
explosive package at railroad station. Was unforeseeable so the railroad got off.
What happened in liebeck v. McDonalds
Old lady spills coffee, receives 3rd degree burns, Mcdonalds gets sued for negligence, they settle for $600,000.
Negligence per se
- Statute existed
- the statute was enacted to prevent the type of injury suffered
- The plaintiff was within the class of persons meant to be protected by the statute
A. School zone, If a child gets hurt by a speeding vehicle
Res Ipsa Loquitur “The thing speaks for itself”
- The defendant had exclusive control of the instrumentality or situation
- The injury would not have ordinarily occurred but for someone’s negligence.
Good Samaritan Laws
- Statute that relieves a good samaritan for ordinary negligence when they stop and render aid to victims in emergency situations.
A. Relieved from ordinary negligence, NOT Gross negligence or reckless or intentional conduct
Vicarious Liability
An employer can be liable for employees, parents for children etc.
Post remedial measures
Prohibits evidence of post remedial measures from being presented to the jury. Making changes so more people don’t get hurt.
Assumption of risk
Defense assumes that plaintiff had knowledge of the risk and voluntarily assumed the risk
Pure comparative fault
means a plaintiff can recover even if they are more than 50 percent liable for their injuries
Civil assault
- An act by defendant creating a reasonable apprehension in plaintiff
- of immediate harmful or offensive contact to plaintiff’s person
- Intent
- Causation
Act not seen you can hit them and it still be assault if they don’t see it coming
Civil Battery
- an unauthorized
- Harmful or offensive physical contact with another person
- That causes injury
False Imprisonment
- The intention confinement or restraint of another person
- Without authority or justification
- Without the persons consent
What is the one exception to false imprisonment
Shopkeepers privilege
Defamation
- made an untrue statement of facts
2. the statement was accidentally or intentionally publisehd
When defamation is in written form its called?
Libel
When the defamation is orally stated what is it called?
Slander
What is the ultimate defense of defamation?
The truth
Chain of distribution
- All in the chain are liable
- all manufactures, distributors etc.
- plaintiff can recover from all of thee above
Statute of Repose
A statute that limits the sellers liability to a certain number of years.
Search and Seizure
I have a legitimate right to privacy
Garbage on the street I do not have privacy to.
What is probable cause?
specific and articulable facts that would lead a reasonable person to believe that a crime has been or is about to be committed
Reasonable suspicion
Specific and articulable facts that would lead a reasonable police officer to believe that a crime has been or is about to be committed (Can search the immediate grab area)
what are the 10 rules for a warrantless search
- Consent
- search incident to arrest
- plain view
- Plain feel
- abandon property
- inventory search
- emergency/safety
- Hot pursuit
- Destruction of evidence
- Exigent circumstances
Exclusionary rule?
Evidence obtained in violation of the fourth amendment , and any fruit of that evidence ( fruit of the poisonous tree) is inadmissible at trial
Privilege against Self-Incrimination
I plead the fifth
Miranda Rights
a suspect must be informed of their rights
Attorney-client privilege
attorneys can’t tell anything that their client has said in private
What is the exception to the Attorney client privilege?
Future crimes
What is the spousal privilege
Spouses do not have to testify in a court of law. does not count for divorcees
Double jeopardy
I cannot be tried twice for the same crime.
Mens Rea
Mental state, evil mind, guilty mind, criminal intent
Actus reus
The guilty act