PA Specific Rules 2017 Flashcards
What is the definition of burglary?
If person enters a building or occupied structure, or separately secured portion thereof, with intent to commit a crime therein. Except where premises are open to the public
What is definition of robbery?
In the course of committing theft, person physically takes or removes property from the person of other by force, however slight.
What is the definition of larceny (THEFT in PA).
Unlawful taking or exercising control over movable property of another with intent to deprive him thereof.
Murder in second degree
Homicide constitutes murder in second degree when it is committed while the D was engaged as a principle or accomplice in perpetration of felony (aka felony murder).
What is a principal?
Person who is the actor or perpetrator of a felony.
What is a felony in relation to felony murder?
Act of D engaging in or begin an accomplice in the commission of, or attempt to commit felony.
What is hearsay?
Statement (other than one made by declarant) offered as evidence to prove the truth of the matter asserted.
When is hearsay admissible?
It is not, unless it falls within an exception.
True or False: Absence of Declarant is a valid exception to rule that hearsay is inadmissible?
True. Where it declarant is unavailable as a witness and the statement was made by the declarant while believing that the declarant’s death was imminent, or declarant believed impending death.`
What is the PA rule regarding division of marital assets?
Equitable distribution.
What is defined as “marital property” for the purposes of equitable distribution?
All property obtained during the marriage, together with the increase in value of any non-marital property acquired prior to marriage. This is measured from date of marriage to either date of final separate OR date as close to hearing on equitable distribution as possible. (Whichever results in a lesser increase).
What protections offered by Americans with Disabilities Act (ADA)?
(A) Prohibits employers from discriminating against qualified individuals based on disability.
(B) Employer also required to provide reasonable accommodation with regard to known mental or physical limitation of otherwise qualified person UNLESS the employer can show that such an accommodation would cause undue hardship.
What protections offered by Civil Rights Act of 1964?
Prohibits discrimination against employees on the basis of race, color, national origin, religion or sex
What qualifies as disability under the ADA?
(1) actual disability, (2) record of disability, or (3) regarded as having a disability.
When does a Plaintiff have an actual disability under the ADA?
Physical or mental impairment that substantially limits or more major life activities.
–Substantially limited - compared to most in general population
Are “mitigating measures” considered when determining whether P is substantially impaired by actual disability?
No. Mitigating measures that eliminate or reduce the symptoms or impact of impairment cannot be used in determining whether P has disability.
Do “episodic impairments, or remissions” qualified as disability under ADA?
Yes.
What is required to prove existence of disability via “record of disability?”
If individual has record of physical impairment that substantially limits one or more major life activities.
What is required to prove existence of disability via P is “regarded as having disability?”
Employer “regards” an individual as having a disability if it takes an action prohibited by teh ADA based on individuals impairment or on an impairment employer believes the individual has.
(Ex. sever facial disfigurement)
What are the elements of “failure to accommodate” claim under the ADA?
(1) P has a disability, (2) P is qualified to perform, with or without reasonable accommodation, and (3) P suffered an adverse employment action as a result of discrimination.
What is required to demonstrate P is “qualified individual” under ADA claims?
Burden on P to show she (i) Possesses requisite skill, and (ii) she is able to perform essential functions functions of position with or without reasonable accommodation
What is the definition of the defense of “undue hardship” under disability discrimination ADA claims?
Employer defense. Action would require significant difficulty or expense when considered in relation to factors such as size of business, financial resources and nature/structure of operation.
What is the purpose of the ADEA – Age Discrimination Act?
Makes it unlawful for an employer to discharge any individual or otherwise discriminate against an individual based on age.
What is the definition of a potential plaintiff under the ADEA?
Plaintiff must be 40 years or older. Reverse age discrimination has been rejected.