Middy Flashcards
What does Jurisprudence mean?
Science of law
A request made after trial by a party that has lost is called?
An appeal
What is a brief?
Written statement submitted in trial or appellate proceeding that explains one side and factual arguments.
What is an injunction
A court order preventing one or more named parties from taking action.
T or F
A tort is a civil not a criminal wrong
True
What is the number one injury seen in Chiropractic offices?
Broken ribs
T or F
Giving a refund means you are admitting liability
False
*more of a gesture of good will
What are some rules about advertising?
Must have DC or Chiropractor
Cannot bash MD
Cannot claim a cure
Must have statistics to back up claims
What are the two types of malpractice insurance
- Occurrence Type Policy
2. Claims Made
What type of malpractice insurance is more of a renters type?
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
What are some types of Primary Authorities
Constitution Treaties Exec. Orders Rules of Process Rules of Evidence Statutes Regulations Ordinances
Secondary Authority examples?
Treaties (dissertation) Restatements Legal Encyclopedia Practice guides Law Review
T or F
The legislative branch interprets the law
False
Makes the law
T or F
The judicial branch interprets the law
True
Which branch carries out the law?
Executive branch
Provide a brief overview of the Federal Court System
Supreme Courts -> Circuit Courts -> District Courts
What is Actus Reus and what are some key concepts?
“Guilty Act”
*conduct must be voluntary and conscious
What is meant by voluntary in regards to Actus Reus?
Of own volition
not reflexive or convulsive **if did not know of risk
What is meant by conscious in Actus Reus
Not asleep
Not intoxicated **if involuntary intoxication
Provide some examples of the result in Actus Reus
Assault
Murder
Fraud
Result is the conduct + the result
A civil wrong for which law provides remedy is called?
Tort
What are the two categories of Torts?
Negligence
Intentional
*Provide the elements of Battery
- Defendant must intend to cause fear or apprehension of a harmful offensive bodily contact
OR - Defendant must intend to cause a harmful or offensive bodily contact
AND - Defendant must cause a harmful or offensive bodily contact
Provide the elements of Assault
- Intend to cause fear or apprehension of an IMMINENT harmful or offensive bodily contact
OR - Intend to cause an IMMINENT harmful or offensive bodily contact
AND - Victim experience fear/apprehension of an IMMINENT harmful or bodily contact
False Imprisonment Elements
- Intend to restrict the liberty of the victim within the boundaries not of the victims choosing
AND - must restrict the liberty of the victim within the boundaries not of the victims choosing
AND - Victim must be aware of the confinement.
Intentional Infliction of Emotional Distress Elements
- Defendant’s conduct must be intentional OR reckless
AND - Conduct must be extreme or outrageous
AND - Conduct must cause actual damage to the victim
Tresspass to Land Elements
- Defendant must intend to enter or remain upon the land of another
OR - The defendant must intend to cause someone or something else to enter or remain upon the land of another
AND - defendant enters or remains upon the land of another
OR - defendant causes someone or something else to enter or remain upon the land of another.
T or F
Damages have to occur for Trespass to Land
False
Elements of Trespass to Chattle/Conversion
- Defendant must intend to interfere with the present possessory interest in the property of another
AND - Exercise control over that property on his behalf or on behalf of another
AND - Victim must be deprived of his present possessory interest in the property
- If deprivation is permanent, this is the tort of conversion, not trespass to chattel
Slander or libel fall under which type of “Personal Space” tort?
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
What is the difference between slander and libel?
Slander = spoken Libel = written
The essential parts of any civil or criminal wrong must involve the intersection of what two elements?
- Mens Rea - the required mental state
2. Actus Reus - the required action
What is transferred intent?
- intentional torts have a mens rea element of intent
- we can intend to commit one tort, but actually commit a different one
What are the two types of transferred intent?
- Same tort, different victim
2. Different tort, same victim
Consent is invalidated by?
Fraud, duress, or incapacity
Describe what is meant by “Step Into The Shoes Analysis”
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
T or F
Deadly force may be used in defence of property
False
What must be invoked in “hot pursuit”
Defence of property
When a tort mus the committed to avoid greater harm to the public this is known as…
Public Necessity
Define Private Necessity
When a tort must be committed in order to avoid a greater harm to the actor or other private entities
T or F
There are no defences to strict liability torts
True
Provide some examples of an ultra hazardous activity
Extreme sports
Keeping wild animals as pets
Keeping domestic animals whose tendency to bite is known
Reckless or criminal behaviour
Describe products liability
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.
