Middy

Question 1

What does Jurisprudence mean?

Answer 1

Science of law

Question 2

A request made after trial by a party that has lost is called?

Answer 2

An appeal

Question 3

What is a brief?

Answer 3

Written statement submitted in trial or appellate proceeding that explains one side and factual arguments.

Question 4

What is an injunction

Answer 4

A court order preventing one or more named parties from taking action.

Question 5

T or F

A tort is a civil not a criminal wrong

Answer 5

True

Question 6

What is the number one injury seen in Chiropractic offices?

Answer 6

Broken ribs

Question 7

T or F

Giving a refund means you are admitting liability

Answer 7

False

*more of a gesture of good will

Question 8

What are some rules about advertising?

Answer 8

Must have DC or Chiropractor
Cannot bash MD
Cannot claim a cure
Must have statistics to back up claims

Question 9

What are the two types of malpractice insurance

Answer 9

1. Occurrence Type Policy

2. Claims Made

Question 10

What type of malpractice insurance is more of a renters type?

Answer 10

Claims Made

• don’t really own it, and are covered for the time you made a payment
• coverage has to be active when claim made

Question 11

What are some types of Primary Authorities

Answer 11

Constitution
Treaties
Exec. Orders
Rules of Process
Rules of Evidence 
Statutes
Regulations
Ordinances

Question 12

Secondary Authority examples?

Answer 12

Treaties (dissertation) 
Restatements
Legal Encyclopedia 
Practice guides 
Law Review

Question 13

T or F

The legislative branch interprets the law

Answer 13

False

Makes the law

Question 14

T or F

The judicial branch interprets the law

Answer 14

True

Question 15

Which branch carries out the law?

Answer 15

Executive branch

Question 16

Provide a brief overview of the Federal Court System

Answer 16

Supreme Courts -> Circuit Courts -> District Courts

Question 17

What is Actus Reus and what are some key concepts?

Answer 17

“Guilty Act”

*conduct must be voluntary and conscious

Question 18

What is meant by voluntary in regards to Actus Reus?

Answer 18

Of own volition

not reflexive or convulsive **if did not know of risk

Question 19

What is meant by conscious in Actus Reus

Answer 19

Not asleep

Not intoxicated **if involuntary intoxication

Question 20

Provide some examples of the result in Actus Reus

Answer 20

Assault
Murder
Fraud

Result is the conduct + the result

Question 21

A civil wrong for which law provides remedy is called?

Answer 21

Tort

Question 22

What are the two categories of Torts?

Answer 22

Negligence

Intentional

Question 23

*Provide the elements of Battery

Answer 23

1. Defendant must intend to cause fear or apprehension of a harmful offensive bodily contact
   OR
2. Defendant must intend to cause a harmful or offensive bodily contact
   AND
3. Defendant must cause a harmful or offensive bodily contact

Question 24

Provide the elements of Assault

Answer 24

1. Intend to cause fear or apprehension of an IMMINENT harmful or offensive bodily contact
   OR
2. Intend to cause an IMMINENT harmful or offensive bodily contact
   AND
3. Victim experience fear/apprehension of an IMMINENT harmful or bodily contact

Question 25

False Imprisonment Elements

Answer 25

1. Intend to restrict the liberty of the victim within the boundaries not of the victims choosing AND 2. must restrict the liberty of the victim within the boundaries not of the victims choosing AND 3. Victim must be aware of the confinement.

Question 26

Intentional Infliction of Emotional Distress Elements

Answer 26

1. Defendant's conduct must be intentional OR reckless AND 2. Conduct must be extreme or outrageous AND 3. Conduct must cause actual damage to the victim

Question 27

Tresspass to Land Elements

Answer 27

1. Defendant must intend to enter or remain upon the land of another OR 2. The defendant must intend to cause someone or something else to enter or remain upon the land of another AND 3. defendant enters or remains upon the land of another OR 4. defendant causes someone or something else to enter or remain upon the land of another.

Question 28

T or F | Damages have to occur for Trespass to Land

Answer 28

False

Question 29

Elements of Trespass to Chattle/Conversion

Answer 29

1. Defendant must intend to interfere with the present possessory interest in the property of another AND 2. Exercise control over that property on his behalf or on behalf of another AND 3. Victim must be deprived of his present possessory interest in the property 4. If deprivation is permanent, this is the tort of conversion, not trespass to chattel

Question 30

Slander or libel fall under which type of "Personal Space" tort?

Answer 30

Defamation - defendant must make a FALSE statement about the victim with either intent to life or reckless disregard for the truth and the victim must be damaged by it

Question 31

What is the difference between slander and libel?

Answer 31

``` Slander = spoken Libel = written ```

Question 32

The essential parts of any civil or criminal wrong must involve the intersection of what two elements?

Answer 32

1. Mens Rea - the required mental state | 2. Actus Reus - the required action

Question 33

What is transferred intent?

Answer 33

- intentional torts have a mens rea element of intent | - we can intend to commit one tort, but actually commit a different one

Question 34

What are the two types of transferred intent?

Answer 34

1. Same tort, different victim | 2. Different tort, same victim

Question 35

Consent is invalidated by?

Answer 35

Fraud, duress, or incapacity

Question 36

Describe what is meant by "Step Into The Shoes Analysis"

Answer 36

The actor claiming Defense of Others may invoke any defines available to the victim or that he reasonably believes would be available to the victim

Question 37

T or F Deadly force may be used in defence of property

Answer 37

False

Question 38

What must be invoked in "hot pursuit"

Answer 38

Defence of property

Question 39

When a tort mus the committed to avoid greater harm to the public this is known as...

Answer 39

Public Necessity

Question 40

Define Private Necessity

Answer 40

When a tort must be committed in order to avoid a greater harm to the actor or other private entities

Question 41

T or F There are no defences to strict liability torts

Answer 41

True

Question 42

Provide some examples of an ultra hazardous activity

Answer 42

Extreme sports Keeping wild animals as pets Keeping domestic animals whose tendency to bite is known Reckless or criminal behaviour

Question 43

Describe products liability

Answer 43

A product may be defective because of a defect in manufacture or design or failure to adequately warn the consumer of a hazard involved in the FORESEEABLE use of the product.