Exam 2 study guide
1. Felony vs. Misdemeanor felony is worse than a misdemeanor
a. Mala In Se crimes that are wrong in themselves. Example: murder, assault b. Mala Prohibita crimes that are wrong because they are prohibited by law. Example: driving on the wrong side of the road.
c. Elements of a crime
i. Mens Rea criminal or mental intent of a crime. Example: intending to shoot and kill the person, and then doing it; no intent, but reckless; strict
liability where you don't need to prove mental state but are found guilty. Example: the act of committing adultery.
1. Actus Reus criminal act. The physical action in a crime. (Physically grabbing an item and walking out of a store). A failure to act; duty as a parent to protect your child if they are in harm (omission). If you do nothing, you might be liable.
2. Causation you must cause the death. Did you cause it?
3. Attempt An attempt to commit a crime and then do some act towards that purpose. You plan and intend to commit that crime.
4. Criminal responsibilities and defenses
a. Insanity defense you should not be convicted of a crime if you didn't know what was going on (insanity). Phases of a crime: Guilt phase, responsibility phase. They must show that they have a mental disease or defect. What happens if found guilty in the guilt phase, but not in the responsibility phase? Usually, you are put into a mental health institution instead of jail or prison.
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b. Infancy “minor”, not an adult. A minor is not an adult. Can be prosecuted in an adult court.
c. Mistake only calls for a mental state. Not intentional. Yes, it happened, but it was a mistake. There was no intention in committing a crime.
d. Duress you were forced to commit a crime. The person did not have any other option.
e. Intoxication someone spiked you and you commit a crime. You were so intoxicated you couldn't tell right from wrong. Involuntary. Not purposely intoxicated. Voluntary intoxication is not a defense. It was not your fault.
f. Selfdefense if someone is attacking you, you can protect yourself. You have the right to use reasonable force to defend yourself or others. We also discuss several other topics like In testing the hypothesis, how to get critical value?
g. Consent sexual content must be consensual. You can’t bring evidence of previous sexual acts. No means NO. Don’t be a pig.
h. Entrapment government actions to induce to commit a crime that he or she was not going to commit. Basically, setting someone up to commit a crime. Trapping someone to commit a crime. We also discuss several other topics like Why rehabilitation became important?
i. Statute of limitations certain time limits in which you must be charged with a crime. Once the time is up, you can’t charge.
5. Criminal Procedure
a. Arrest the person is taken into custody to answer criminal questions. i. Probable cause you can’t just arrest anyone for any reason. There must be a cause. The facts are enough to warrant a prudent person that a crime has been committed. Probable cause is a low cause.
b. Constitutional protections
i. 4th amendment the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. 1. Exceptions
a. Search incident to arrest you can search within the area of
the defendant’s patrol.
b. Abandoned property there is no search or seizure. The We also discuss several other topics like What happened to liberal party support before and after the india trip?
property is abandoned. If you throw weed out of the
window, it’s abandoned, so law enforcement can seize it.
The testimony would be that it came out of your car. Don't forget about the age old question of How many of the species are classified as ionic bonds?
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c. Public view police can’t walk on your property, but they
can see it if they are walking by or flying over your
d. Consent if you are asked to open the trunk and you say
yes, they have the right to look in the trunk. Just say no if
you have a dead body in your trunk.
e. Exigent Circumstances something pressing and demanding
i. Example: destruction of evidence. Police officers
can block a person from destruction of evidence.
f. Terry Stop there was a case on Terry. Police officer has an
authority to frisk if he/she has reasonable suspicion that
someone was armed and dangerous and a crime may be
afoot. You can only frisk for weapons; not drugs or
anything else. You can look through clothes, bags, and
vehicles. If they find drugs while searching for a weapon,
they can use that evidence against you.
ii. 5th amendment you can’t try for a crime twice. No double jeopardy. No selfincrimination.
iii. 6th amendment right to a trial.
iv. Exclusionary rule evidence that was gathered in your violation of rights can’t be used against you.
v. Miranda Rights before an interrogation, you must be aware of your rights. Always talk to an attorney first.
vi. Bail some dollar amount needs to be put down so that you can be released on bail, so that you will show up. You lose the money if you don't show up. Basically, a promise that you will show up at the trial.
vii. Arraignment guilty vs. not guilty.
1. No contests same as guilty, but no admission for civil litigation.
Not guilty by reason of defect or mental disease insanity defense.
viii. Plea Bargain if you plead guilty, I recommend this _1 year or 3 years_____. Lesser amount of time. Judge is not bound by the plea
bargain. Judge makes the final call, but suggestions can be made.
1. Trial if there is no plea bargain, there is a jury (jury selection) or a bench trial (judge makes decision). There are opening statements and the state goes first. Same general process of civil trial.
2. Sentencing If you are found guilty, you are sentenced to punish the person of the crime. Also trying to deter people from not committing a crime again. Along with protecting the public from the criminal. You can be released on parole.
3. Appeal you can appeal the decision.
1. Tort law Civilized wrong against another or another's property.
2. Intentional Torts you had an intent to bring about a result or a consequence. a. Harm to Person
i. Battery intentional infliction of harmful or offensive bodily contact. ii. Assault acts that puts a person in fear of bodily harm.
iii. False imprisonment First element intentionally confining. Second is against will. Third is a person is conscious of confinement.
iv. Infliction of Emotional Distress Intentional or recklessly causes severe emotional distress. Extreme and outrageous conduct.
v. Class discussion: Chapter 7, Prob. 3: yes it is battery. Intentional. vi. Class discussion: Chapter 7 Prob. 4: nope. Not outrageous conduct. vii. Class discussion: False imprisonment problem: no false imprisonment. Not conscious.
b. Defamation you lie to someone and it ruins their reputation.
3. Invasion of Privacy
a. Appropriation unauthorized use of a person's name or likeness. Stealing their call.
b. Intrusion unreasonable interference with a person's seclusion.
i. Example: paparazzi
ii. Liable for intrusion once it occurs. No publication needed to be charged. c. Public disclosure of private facts public disclosure of private facts i. Requires publicity to be charged.
ii. It does not matter if the facts are true. You can still sue.
d. False light Wisconsin does not have this. It is highly offensive publicity, places another in a false light, and the defendant knew it was false or acted in reckless disregard for the truth.
i. False light is misleading.
4. Harm to a person
a. Trespass to Real Property real property is real estate and land. Three ways are: you enter or stay on the land of another; you could cause a thirdparty or thing to enter a person’s property; if you fail to remove a thing you had a duty to remove from a person’s property.
b. Nuisance is not trespassing; significant harm to others use or enjoyment of land. i. Loud music to piss off your neighbors, but without trespassing.
c. Trespass to Personal Property not real estate. Things such as your clothes, books, laptop and someone interferes with that personal property.
d. Conversion like trespass to personal property, but more severe. The effect of it is more harm.
5. Harm to economic interests
a. Interference with contractual relations interfering with somebody’s contract. Inducing one party of contract not to perform.
i. Example: If someone is buying a car for 10,000$, but a third party came in and says he will buy it for 11,000$ and the seller takes it, then the original party can sue the person who offered 11,000$ for interfering with the
b. Disparagement a false statement that harms a person's financial interest. i. This person at the pizza place kicks puppies. Therefore, no goes there. But, in fact, they do not actually kick puppies.
c. Fraudulent misrepresentation when you’re lying to somebody and tricking somebody to get them into a contract.
6. Defense to intentional Torts.
a. Consent person consented to certain behavior. If you consent, but was based on a mistake, it is still consent.
b. Selfdefense you can shoot someone to defend yourself. Only use as much force as needed. If they are going to shoot you, you can shoot them.
c. Mistake if you think one person has stolen from another person and you try to help out and you were wrong, it was a mistake.
d. Recapture of property if someone steals your tv, in order to reclaim the property, you must go to the police to reclaim your stolen property. You can’t break into their house and take it back. You can also sue to get the item back. If there is a
fresh pursuit (before they take the tv home) you can try to grab your tv back. e. Necessity defendant is privileged (allowed) to harm another or another's property in order to prevent a harm.
i. Public necessity need to act to protect the public as a whole. Not liable for the damages.
ii. Private necessity prevent injury or harm to yourself, but cause harm to another. Helping yourself. You are liable for the damages.
1. Elements of negligence (being dumbdriving too fast) have to prove all four elements. a. Duty how were you supposed to act. What was your duty?
i. Reasonable person standard a fictitious, made up person. What would a reasonable person have done in the same or similar situation? How would a reasonable person drive during an ice storm? objective standard.
1. Reasonable child standard different standards. What would a
reasonable child have done in the situation?
2. Along with disabled people. They get their own standard.
3. People with mental issues are at the reasonable person standard.
4. Experts get higher standards. What would a reasonable doctor do? ii. Duty of landowners
1. Duty to Trespassers If someone trespasses on your land, you are
not liable for most unsafe conditions. You cannot inflict intentional
2. Duty to Licensees nonbusiness guests. You must warn a licensee about a dangerous condition that you know about in which the
licensee is unlikely to discover.
3. Duty to Invitees you must exercise reasonable care to protect
against dangerous conditions you know/or should know about
which the invitee is unlikely to discover. You must live up to this
a. highest duty that you have.
b. An invitee is either a public invitee or a business visitor.
The public invitee was invited as a member of the public. A
business visitor is invited on your land for a business
b. Breach Duty did you live up to your duty? Did you breach the duty? c. Proximate Cause reason for the injury was the negligence caused by the defendant's behavior.
i. Butfor cause the cause of the event would not have occurred but for the persons negligent conduct. Because you were negligent, that's why I got injured.
ii. Limited to Foreseeable consequences you get into an accident; the plaintiff is injured. Its foreseeable.
iii. Superseding cause some other cause occurs after the defendant's negligent conduct and with that negligence caused the plaintiff's harm. Some person caused plaintiff's harm. Example: pushing someone into a highway.
d. Harm you must show that you are harmed. You need to be injured. 2. Class discussion: Chapter 8, Proble 5: look at the butfor cause. He is not responsible. He was going to die either way, no matter if there was a lifeboat or not.
3. Contributory vs. comparative negligence
a. Contributory negligence if the plaintiff's actions contributed injury, then no recovery. You must show that you are not at fault.
i. Last clear chance if you (plaintiff) are partially at fault, you can’t recover except for a last clear chance. If you had a chance and did not take it to avoid accident, then you are found liable.
b. Comparative negligence
i. Pure comparative negligence: damages are divided between parties based upon degree of fault.
ii. Modified comparative negligence: the same as pure except if the plaintiff’s negligence is equal to or greater than the defendants’, then the plaintiff gets nothing.
iii. Joint tortfeasors more than one defendant caused the harm. Both can be sued.
iv. Joint and several liability you must pay your own share. If the other defendant can’t pay for some reason, you must pay your own share and the other defendants share as well.