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BULE 302 > Exam 4 > Flashcards

Exam 4 Flashcards

1
Q

Mike Vick

A

Dog Fighting
Tried in the richmond division of the rocket docket
prosecuted on state and federal levels
Plead Guilty
The plea gives up a lot of rights including an appeal

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2
Q

Restitution

A

To make whole

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3
Q

Actus Reus

A

reason

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4
Q

Mens Rea

A

mental state

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5
Q

Arson

A

Is a property crime not a violent crime

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6
Q

Larceny of animals

A

larceny of livestock is a class 5 felony cats are missing from that list

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7
Q

Chattel

A

Property

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8
Q

Crazy Eddie Antwar

A

Example of money laundering
• Took Money to Israel deposited money legally (Placement)
• Had the money wire transferred to panama
• Made more transferred from panama to more offshore accounts (layering)
• From the offshore accounts he sent the money back to crazy eddie’s and got mixed in with regular bank accounts
• This boosted the IPO and they got $40m more than they would have otherwise

Then he sold his stock and got $30m

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9
Q

Placement

A

Depositing money (in crazy eddies case in israel) at a place that has not strict bank laws

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10
Q

Layering

A

transfering the money about so that it is hard to track

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11
Q

Statute of limitations

A
  • Most crimes have a fairly short statute of limitations

* Murder has an open statute of limitations

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12
Q

Fourth Ammendment Protections

A

• Search warrants and probable cause
• Probable cause
○ Free Air sniff case with Aldo the dog
• Officer has to go to a court magistrate to get the warrant
• Exceptions in business
○ No warrant required for contaminated food or highly regulated liquor or gun businesses

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13
Q

5th ammendment protections

A

5th amendment protections
• Double Jeopardy
○ There will be a question on double jeopardy
○ If tried in federal court the case can still be tried in state court
• Self-incrimination

Cannot be held accountable for not testifying

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14
Q

Exclusionary rule

A

Evidence obtained in violation of constitution must be excluded

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15
Q

Miranda v Arizona (1966)

A

• Have to inform suspect of rights
• Ernesto Miranda
○ Arrested in home in 1963 (charged with kidnapping and rape)
○ Interrogated for 2 hrs and eventually confessed
○ Claimed that he did not have an attorney present at the time of interrogation
§ He said he should have known that he had the right to speak to an attorney
○ Arizona court said his rights were not violated a
○ Went to supreme court
• Resulted in Miranda rights being read
• If rights get waived the prosecution has to show that they knowingly intelligently and voluntarily waived their rights
○ Maybe sign a piece of paper
○ British Miranda Rights are different
• Ernesto was eventually murdered and person in that case was read miranda rights

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16
Q

What is life worth article

A

fineberg was given money from congress to give to 911 victims with the only restriction of not giving everyone the same ammount of money

he had to determine what life is worth
he spent time seeking out victims to give them money

* Appointed to head victim compensation fund
* How they determined what money to pay out
* Woman lost spouse in 911 and had cancer needed more than one million
* Founded the fineberg institute for life and started doing more probono work
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17
Q

Pets

A

Considered chattel and you can only get the fair market value for them

5-100

Consider the case where the boys went into animal shelter and beat the animals to death and were only able to be charged with misdemeanors
because the animals are not worth very much and they are considered property

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18
Q

Hybrid rule on pets

A

this would allow for the plaintifs to recover veternary bills related to the case and not just the property value this is not extended to emotional distress

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19
Q

McDonalds Case (gross negligence)

A

• No Published legal decision on case
• Happened in 1992
• Stella Liebeck (79 years old)
• Cotton Sweat Pants
• Sat in sweatpants for over 90 sec
• 3rd degree on 6% of skin and lesser burns on 16% 8 days in hospital
• Lost 20 lbs down to 83 lbs and 2 years of medical treatment to follow
• Just wanted $20,000 to cover medical cost McDonalds offered 800
• Lawsutd filed in state court in new Mexico
• Negligence (remember coffee cases for test)
• Coffee was “unreasonably dangerous and defectively manufactured”
• Multiple offers to settle for $90,000 $250,000 and $300,000
• Coffee at MD specified temp would cause 3rd degree burns within 2-7 seconds
• Had received more than ____ complaints about burns
• Found Comparative Negligence
○ MD was 80% negligent
○ 200,000 in compensatory damages
○ 2.7 mil in punitive damages
○ Penalized for one or two days of coffee revenue
○ Judge reduced to $480,000 dollars
○ Appealed and parties settled for around 600,000

20
Q

Greene V Hardees

A

• Federal district court western district of VA
• Products Liability case
• Motion for summary judgment
○ Even if all the facts are proven by the other side they will not win the case
○ Prima facie
○ Ms Green loses because of summary judgement
• Burned legs because of coffee from hardies
• Permanent scars and missed 11 days of work
• It is not defective just because it is hot
• Not enough proof to show that there was anything improper
• Also failed to file a response to motion for summary judgement

21
Q

Stambovsky v. Ackley (Haunted house case)

A

1991 NY State Court System
• Buyer NYC
• House was located in Nyack
• Owner promoted the house as being haunted in local press
• Went to sell the house and did not disclose that the house was haunted
• Cavaet emptor
○ Let the Buyer Be ware
○ The buyer should see problems with the house as opposed to the owner disclosing it
○ If it is obvious then the seller is not responsible if you don’t notice
• Should the buyer be able to rescind the contract based on the house being haunted
○ It does not matter if you believe in ghosts because the owner advertised it as being haunted so they just assume it was haunted

22
Q

Tresspass to personal property

A

The unlawful taking or harming of another’s personal property; interference with another’s right to the exclusive possession of his or her personal property.

23
Q

Contribuotry negligence

A

not used in many juridictions

Plaintiff will recover nothing if even a little bit at fault

24
Q

Comparitive negligence

A

more common
The defendant and the plantif can share responsibility based on percentage like mcdonalds 80% at fault and they had to pay damages becuse of that

25
Q

Harris teeter vs Burroughs

A

Supreme Court of Virginia
• Burroughs is plaintiff
• Told Harris teeter to have nothing but icing on the case
• There were two birds on the cake with clouds
• Plaintiff ate the bird and had to get surgery to get the bird removed
• Was not an improper item in a piece of cake
• Was it negligent to but white plastic birds on white clouds
• Deleterious
○ Something not expected in food like a mouse
• Decided that the birds did not constitute foreign matter

26
Q

Proximate Cause

A

need to look this up

27
Q

Palsgraff v LIRR

A
  • Running to catch train when about to fall guards helped her she dropped box of fireworks and then knocked something over to hurt her
    • P152 of text
    • No questions about it
28
Q

Contracts

A

Courts do not like to interfere with the value of contracts

You do not need a lawyer to write a contract contracts can be written on a napkin

29
Q

Statute of Frauds

A

There are certain contracts that have to be written like prenuptial agreements

30
Q

Myers v Mitnich

A

• Barry and Robyn
• $20,000 custom engagement ring
• Barry asked robyn to sign prenup and they decided not to get married
• Robyn did not return the ring
• Barry alleged that the ring was a conditional gift based on their marriage
• Should fault be considered in determining who gets the ring
• Michigan determined that fault is not a factor in determining who gets the ring
○ They looked to other states for precedence because none existed in Michigan
• They also decided that the gift is conditional and that the ring should be returned
• Old cases
○ Donor breaks engagement does not get ring back
○ Mutual or donee breaks engagement ring goes to donor
• Modern cases
○ Fault doesn’t matter donor gets the ring back

31
Q

Merrill v Trump 2003

A
  • Compulsive gambler robbed banks blamed trump riverboat casinos for not keeping him off the property
    • He wrote the casino to get on eviction list and is on eviction list
    • Alleged breach of contract
    • There was no mutual agreement
32
Q

Castillo v Tyson

A
  • Seeking a refund for a disqualified fight
    • Against boxer and fight promoter and telecasters
    • Tyson bites off ear
    • Contractual privity
    • They decided that a fight fan could reasonably expected a disqualification
33
Q

Needed for a contract (237)

A 
• Agreement
		○ Offeror
			§ Makes offer
		○ Offeree
			§ Accepts the offer
	• Consideration
	• Contractual Capacity
		○ Do you have the capacity to enter into a contract
		○ Works with minors they can back out
	• Legality
		○ Cannot contract to do something illegal
34
Q

Types of contracts

A

• Bilateral
○ Offeree must only promise to perform
• Unilateral
○ Offeree can accept the offer only by completing the contract performance
• Formal vs Informal
○ Logus sigilli (place for seal) old text book definition of formal contract

35
Q

Intentional Torts

A 
Assault 
Battery
False imprisonment
Intentional infliction of emotional distress
Defamation
36
Q

Privity of contract

A

A contract is a private agreement between the parties who have entered into it, and traditionally these parties alone have rights and liabilities under the contract

A third party does not have rights under that contract

37
Q

Express Contract

A

The terms of the contract are fully and explicitly stated in word either oral or written

38
Q

Implied Contract

A
  1. The plaintiff furnished some service or property. 2. The plaintiff expected to be paid for that service or property, and the defendant knew or should have known that payment was expected (by using the objectivetheory-of-contracts test discussed on page 237).
  2. The defendant had a chance to reject the services or property and did not.
39
Q

Property Crimes

A 
Burglary
Arson
Larceny
Obtaining goods by false pretenses
receiving stolen goods
forgery
40
Q

Violent Crimes

A

Robbery and other obvious ones

41
Q

Public Order Crimes

A

Prostitution drug use

Crimes based on values and morals

42
Q

Foreign Corrupt Practices Act

A

Accounting Rquirements and Bribary of other officials

There is a small exception to allow payment for standard processing fees

43
Q

Criminal LIability

A

Need two things Actus Reus and Mens Rea

44
Q

Objective Theory of Contracts

A

A theory under which the intent to form a contract will be judged by outward, objective facts (what the party said when entering into the contract, how the party acted or appeared, and the circumstances surrounding the transaction) as interpreted by a reasonable person, rather than by the party’s own secret, subjective intentions.

45
Q

Defenses to Enforceability of contracts

A

Voluntary conscent

form

46
Q

Conversion

A

Wrongfully taking or retaining possession of an individual’s personal property and placing it in the service of another.

47
Q

Disparagement of Property

A

An economically injurious falsehood made about another’s product or property; a general term for torts that are more specifically referred to as slander of quality or slander of title.

BULE 302 (4 decks)

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