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Case: Conflicting agreements in employment contract; unjust discharge from fight
Wigginton v Trailmobile
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Case: 7-11 Franchise; Federal power under Commerce Clause pre-empts state law.
Southland Corp v Keating
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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.
Torts
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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).
Contracts
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The statutory law prohibits certain conduct. Those who violate the law are prosecuted and punished (prison and/or payment of fines) by the government.
Criminal Law
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actus non facit reum nisi mens sit rea
the act does not make a person guilty unless the mind is also guilty.
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Death or one plus years in the penitentiary; Large fines; Example: Murder, Criminal Fraud
Felony
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Up to a year in jail; small fines; Ex: Assault or disorderly conduct
Misdemeanor
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Up to six months in jail; smaller fines; Ex: Bldg Code violation
Petty Crime
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Probable Cause for arrest without a warrant requires...
A Reasonable Inference; From Available Facts and Circumstances; That the Defendant committed the crime
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Case: Confession obtained with no Miranda warning, Miranda is then read and confession; Neither confession is admissable.
Missouri v Seibert
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Case: No Miranda warning required if you are not “in custody”
Yarborough v Alvarado
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4 affirmative defenses...
Entrapment; Insanity Defense; Duress Defense; Mistake of Fact Defense
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Policy decision; don’t encourage crime; Can’t induce the innocent to commit a crime; Must
show some predisposition
Entrapment
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mens rea impossible; At time of the crime; Couldn’t understand the nature of the act.
Insanity Defense
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artificial mens rea
Duress Defense
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vitiates criminal intent
Mistake of Fact defense
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True/False: Mistake of law is a defense.
FALSE
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Case: hold the president of a corporation liable as the corporate representative for the acts of lower level employees; warehouse contaminated by rats.
US v Park
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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
US v Gray
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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).
Agency
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The wrongful conversion of the property of another by one who is lawfully in possession of that property.
Embezzlement
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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.
Larceny
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Respondent Superior
Let the master answer
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Who has implied authority in Penthouse v Barnes?
Dunas (photographer)
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Who is apparent authority always determined by?
3rd party observer
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A legal bar to either alleging or denying a fact because of one's own previous words or actions to the contrary.
Estoppel
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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.
Joint/Several Liability
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Case: the durability of a durable general power of attorney.
Gaddy v Douglas
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