Last Week Notes
Last Week Notes SPEA-220
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This 4 page Class Notes was uploaded by David Schell on Monday April 25, 2016. The Class Notes belongs to SPEA-220 at Indiana University taught by David L. Welch in Spring 2016. Since its upload, it has received 48 views. For similar materials see Law and Public Policy in Linguistics and Speech Pathology at Indiana University.
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Date Created: 04/25/16
Final Study Guide 1. Elements of a tort are civil matters, dispute over rights of a person or property, not include a breach of contract and some damage must occur 2. Constructive knowledge is notice of a fact that a person is presumed by law to have, regardless of whether he or she actually does. 3. Proximate cause addresses that the injured party must prove that the injuries occurred as a consequence of the breach of duty by the actor as a matter of fact as a matter of law. 4. Strict liability is liability without fault. Applied in situations in which the intention or neglect of the party is immaterial. Ex. Animal attacks, product malfunctions 5. Reasonable conduct: the action or non-action which is appropriate under the circumstances when all risks and benefits are taken into account. Takes into account age, intelligence, experience, and physical condition over which the actor has no control. 6. Res ipsa loquitar is used when plaintiff does not have access to causation evidence. 7. Employers are liable on work related duties that cause injury and the worker’s comp laws are not based on findings of fault or negligence by the employer. 8. Joint custody gives each parent the right to take an active part in the rearing of the child. 9. No-fault divorce applies when both parties agree to specific grounds for a divorce as means to expedite the end of the legal relationship when the marriage itself had come to an end sometime before. 10. Capacity/consent, marriage license, and marriage vows in front of a licensed person are required for a valid/legal marriage. 11. See Question 8 12. Incorporeal interests regarding property are the right of quiet enjoyment, right to possession and free from interference of others. 13. Joint tenancy property requirements are each tenant must have received his/her interest in the property at the same moment, the interest of each tenant must come from the same source, each tenant must have identical rights regarding the property, and each party must have an undivided interest in the land itself. 14. Replevin is the term describing wrongfully holding someone’s property. 15. The creditor beneficiary receives benefit from one promisor as satisfaction of an existing rd debt from the other promisor. (It is a type of 3 party contract) 16. Legally adjudicated incompetent means the person is considered by the court to be without the ability to manage their own affairs. 17. Common defenses of breach of contract are absence of one or more essential elements to create a contract, unconscionable contract, fraud, statute of frauds, accord and satisfaction, justifiable breach, impossibility or impracticability, or frustration of purpose or terminated duty. 18. A sole proprietorship is one person running the business and is responsible for any profits or losses and holds full liability for the company and personal assets are on the line. 19. Respondeat superior is a principal held liable for acts of an employee even when the specific act complained was not authorized. 20. When a partnership is dissolved, all parties involved are liable for splitting the assets or debts. 21. Limited partner only is liable for what he/she puts into the business and does not have any say in the operations of the business. 22. Liquidation is the absolute discharge of debt where the assets are liquidated and turned into cash. 23. An LLC is a corporation where individual are subject only to the personal liability of their own conduct. Ex. Lawyer and dentist 24. Mens rea is the mental state required on the part of the accused as an element to convict him or her of criminal conduct. 25. Inchoate offenses are crimes that occur before but facilitate or enable other crimes. Ex. Conspiracy, solicitation 26. Model Penal Code conspiracy recognizes regard to obstructing governmental operations. 27. Assault is synonymous with civil battery. 28. Selective incorporation is the process of expansion of the definition of due process to include certain guarantees enumerated in the Bill of Rights. 29. A preliminary hearing is when the defendant and the prosecution appear for the decision by the judge of whether sufficient admissible evidence exists to warrant further prosecution. 30. Plea bargaining occurs when the prosecution agrees to a lesser charge or a reduced sentence in exchange for a plea of guilty by the defendant. Benefit is to face a lesser charge that what he/she could face. 31. Attempted criminal conduct is criminal activity that was attempted but not acted out fully. 32. The exclusionary rule is when evidence obtained by unlawful means must be excluded th from the court in an attempt to protect a citizen’s 4 amendment rights. 33. Foreseeability is determined by a finding of whether the risk of harm was known to the actor by the constructive knowledge. 34. False, because negligence must have the duty to act and may not refrain from acting. 35. Intentional torts differs from negligence because in an intentional tort, the risk is so great that it can be counted on to produce the injury. 36. Constructive knowledge, or foreseeability, is evident in an intentional tort. 37. Ex parte is when a person does not have to show up in divorce court because the other party is considered as threatening. 38. Child support is provided by the person with the least visitation rights. 39. False: Parties who live together are generally considered part of common law marriage. 40. Annulments must have a reason to declare the marriage invalid and must have existed when the two parties entered into marriage. In other words, if this was known, the marriage would not have legally happened. Ex. Under legal age, mental capacity, blood relationships, incest, bigamy 41. False because fee simple is absolute ownership of a property. 42. Caveat emptor is “Let the buyer beware.” Means the purchaser has a limited duty to inspect property being bought. 43. True: Fee simple is designed to prohibit squattors from claiming title to property. 44. False: because tenants are entitled to quiet enjoyment. 45. Month-to-month tenancies are called periodic tenancies and is terminated with both parties notice. 46. False: because forced estates only give minimum not total control over property to a spouse. 47. The liquidated damages clause is when parties reach a compensatory agreement that would be hard to determine in court and this clause would be included in the terms of the contract. 48. False Fraud is difficult to prove because parties are generally expected to examine a doctrine before signing. 49. A justifiable breach of contract is when one party breaches a contract and therefore the second party is excused from completing performance. 50. Partnerships are allowed to own personal or real property in the name of the partnership. 51. Corporate income is not subject to personal taxes. 52. The length of life of a corporation is indefinitely. 53. False: The process of punishing someone for conduct that occurred before it was made illegal is known as an accessory before the fact. 54. An accessory to a crime is someone who aids in carrying out a crime. 55. Mistake is a common defense to accusation of criminal acts. 56. Justifiable conduct is conduct by one who, under the circumstances, is considered to be innocent of otherwise criminal behavior. 57. A defendant can be charged with both the completed criminal act and conspiracy to commit that act. 58. Solicitation is the act of enticing, inviting, requesting, urging, or ordering someone to commit a crime. 59. Under the Model Penal Code, the following three step are followed to establish actus reus: it must be shown that actual conduct took place, if the definition of the particular crime requires a result from the criminal conduct then the result must occur to prove actus reus, and certain circumstances must exist for conduct to constitute a crime. 60. Due process is required all the time because it is a basic right derived from the Constitution. 61. True: Search and seizures are never permitted without a warrant. 62. The purpose of bail is to make sure the defendant will show up or not commit another crime in the time of waiting for a trial. 63. Nolo contendre is when the defendant has no recorded confession of guilt, but no trial is required for a finding of guilt.
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