Similaries In Topics Flashcards
Torts & Agency
Consent (implied/apparant)
Express (actual)
Torts & Crim pro
False imprisonment & Search and seizure
(Believe in custody)
Torts and civ pro
A party is asking for summary j
The party requesting must show that there is no genuine fact in dispute
The jury won’t find them guilty based on a affirmative defense they have
Torts and property
Trespass to chattel and use of easements (thinking it’s a public easement or entitled to use it)
False imprisonment and warrant exception to arrect
Private citizens like law enforcement officers can make a arrrest without a warrant when a felony has occurred, two things must be true: 1) a felony have been committed. 2) private citizen have reasonable grounds to believe that the person arrested did commit the felony. 3) the amount of time of detention and force used and reasonable restraint
Malpractice and product liability
Although a worker was hired to perform a task, once the negligence standards were performed that the worker was solely hired for (not out the scope) the worker is not liable.
Property and tort = LL responsibility
LL duty is to act reasonable to those who are foreseeable on the land including guests of his tenants in common area.
LL is liable when knowing of any risked posed on the property
(Ie dog vicious propensities, messed up things in the common area)
Civ pro and tort = I’m pleased
If the fact finder can conclude that the negligence of D contributed to the injury of P then they can be joined/I’m pleased to the case