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Jurisprudence > Middy > Flashcards

Middy Flashcards

1
Q

What does Jurisprudence mean?

A

Science of law

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2
Q

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

A

An appeal

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3
Q

What is a brief?

A

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

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4
Q

What is an injunction

A

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

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5
Q

T or F

A tort is a civil not a criminal wrong

A

True

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6
Q

What is the number one injury seen in Chiropractic offices?

A

Broken ribs

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7
Q

T or F

Giving a refund means you are admitting liability

A

False

*more of a gesture of good will

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8
Q

What are some rules about advertising?

A

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

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9
Q

What are the two types of malpractice insurance

A
  1. Occurrence Type Policy

2. Claims Made

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10
Q

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

A

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
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11
Q

What are some types of Primary Authorities

A 
Constitution
Treaties
Exec. Orders
Rules of Process
Rules of Evidence 
Statutes
Regulations
Ordinances
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12
Q

Secondary Authority examples?

A 
Treaties (dissertation) 
Restatements
Legal Encyclopedia 
Practice guides 
Law Review
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13
Q

T or F

The legislative branch interprets the law

A

False

Makes the law

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14
Q

T or F

The judicial branch interprets the law

A

True

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15
Q

Which branch carries out the law?

A

Executive branch

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16
Q

Provide a brief overview of the Federal Court System

A

Supreme Courts -> Circuit Courts -> District Courts

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17
Q

What is Actus Reus and what are some key concepts?

A

“Guilty Act”

*conduct must be voluntary and conscious

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18
Q

What is meant by voluntary in regards to Actus Reus?

A

Of own volition

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

19
Q

What is meant by conscious in Actus Reus

A

Not asleep

Not intoxicated **if involuntary intoxication

20
Q

Provide some examples of the result in Actus Reus

A

Assault
Murder
Fraud

Result is the conduct + the result

21
Q

A civil wrong for which law provides remedy is called?

A

Tort

22
Q

What are the two categories of Torts?

A

Negligence

Intentional

23
Q

*Provide the elements of Battery

A
  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
24
Q

Provide the elements of Assault

A
  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
25
Q

False Imprisonment Elements

A
  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.
26
Q

Intentional Infliction of Emotional Distress Elements

A
  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
27
Q

Tresspass to Land Elements

A
  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.
28
Q

T or F

Damages have to occur for Trespass to Land

A

False

29
Q

Elements of Trespass to Chattle/Conversion

A
  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
30
Q

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

A

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

31
Q

What is the difference between slander and libel?

A 
Slander = spoken
Libel = written
32
Q

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

A
  1. Mens Rea - the required mental state

2. Actus Reus - the required action

33
Q

What is transferred intent?

A
  • intentional torts have a mens rea element of intent

- we can intend to commit one tort, but actually commit a different one

34
Q

What are the two types of transferred intent?

A
  1. Same tort, different victim

2. Different tort, same victim

35
Q

Consent is invalidated by?

A

Fraud, duress, or incapacity

36
Q

Describe what is meant by “Step Into The Shoes Analysis”

A

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

37
Q

T or F

Deadly force may be used in defence of property

A

False

38
Q

What must be invoked in “hot pursuit”

A

Defence of property

39
Q

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

A

Public Necessity

40
Q

Define Private Necessity

A

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

41
Q

T or F

There are no defences to strict liability torts

A

True

42
Q

Provide some examples of an ultra hazardous activity

A

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

43
Q

Describe products liability

A

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.

Jurisprudence (1 decks)

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