GBU 204 Exam 2

Case: Conflicting agreements in employment contract; unjust discharge from fight

Case: 7-11 Franchise; Federal power under Commerce Clause pre-empts state law.

Duties are created by the civil law; Performance of the duty is enforced by the injured party suing the other party; Violating the duty results in the payment of money damages.

The parties to the contract create duties to each other; Performance of the obligor’s duty is enforced by the obligee suing the other party; Violating the duty results in an order for specific performance (equity) or in the payment of money damages (law).

The statutory law prohibits certain conduct. Those who violate the law are prosecuted and punished (prison and/or payment of fines) by the government.

actus non facit reum nisi mens sit rea

Actus Reas

Mens Rea

Death or one plus years in the penitentiary; Large fines; Example: Murder, Criminal Fraud

Up to a year in jail; small fines; Ex: Assault or disorderly conduct

Up to six months in jail; smaller fines; Ex: Bldg Code violation

Probable Cause for arrest without a warrant requires...

Case: Confession obtained with no Miranda warning, Miranda is then read and confession; Neither confession is admissable.

Case: No Miranda warning required if you are not “in custody”

4 affirmative defenses...

Policy decision; don’t encourage crime; Can’t induce the innocent to commit a crime; Must
show some predisposition

mens rea impossible; At time of the crime; Couldn’t understand the nature of the act.

artificial mens rea

vitiates criminal intent

True/False: Mistake of law is a defense.

Case: hold the president of a corporation liable as the corporate representative for the acts of lower level employees; warehouse contaminated by rats.

Case: Mens Rea for fraud requires (1) proof that Def made material, false representations or promises and (2) proof that Def anticipated and intended the victim’s reliance

A fiduciary relationship between two personsin which one (the agent) acts on behalf of, and is subject to the control of, the other (the principal).

The wrongful conversion of the property of another by one who is lawfully in possession of that property.

The secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession.

Respondent Superior

Who has implied authority in Penthouse v Barnes?

Who is apparent authority always determined by?

A legal bar to either alleging or denying a fact because of one's own previous words or actions to the contrary.

The legal principle that makes two or more people liable for a judgement, either as individuals or in any proportional combination. Under this principle, a person who is partially responsible for a tort can end up being completely liable for damages.

Case: the durability of a durable general power of attorney.