LGST 101 Jeopardy, Legal Studies Midterm 1

Defamation

A false and defamatory statement concerning another, (2) an unprivileged communication (publication) to a third party, and (3) in some cases, fault on the part of the defendant in knowing or failing to ascertain the falsity of the statement that injures a person's reputation. The burden of proof is on the plaintiff to prove the falsity of the defamatory statement.

Voluntary Manslaughter

A homicide in which the intent to kill was present in the mind of the offender, but malice was lacking. Acting under intense passion and heat of the moment. He either is provoked by the person he kills or someone else that he wishes to kill but kills this person instead.

Fraud

A misrepresentation of a material fact by one party to another that induces his reliance may invalidate the manifestation of assent.

Fraudulent misrepresentation

A misrepresentation of fact, opinion, or law to induce another to act or refrain from action intentional tort

Nuisance (real property)

A non-trespassory invasion of another's interest in the private use and enjoyment of land intentional tort

Self-Defense

A person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor 1) knew or had reason to believe that the person against whom the force was used:

Duress

A person should not be held to an agreement which he made because of wrongful force or threats exerted by another party.

Eutisha Revee Rennix

A pregnant Brooklyn woman suffering a fatal seizure in an Au Bon Pain in the shadow of FDNY Headquarters was ignored by two city EMT medics who continued to buy their breakfast, eyewitnesses reported.

1991 Sentencing Guidelines

"carrot and stick" approach used buy federal prosecutors to give corporations a chance to proactively and internally prevent charges against them for corporate criminal liability

res ipsa loquitur

"the thing speaks for itself" creates a strong inference of negligence and, in some cases, a presumption of negligence

product liability

A product is defective because of inadequate instructions or warnings when the foreseeable risks of harm posed by the product could have been reduced or avoided by the provision of reasonable instructions or warnings by the seller or other distributor, or a predecessor in the commercial chain of distribution and the omission of the instructions or warnings renders the product not reasonably safe.

Defenses to Intentional Torts

(1) Consent, (2) Self Defense, (3) Defense of Others, (4) Defense of Property, and (5) Necessity (6) Privilege

Interference with Contractual Interests

One who intentionally and improperly interferes with the performance of a contract (except a contract to marry) between another and a third person by inducing or otherwise causing the third person not to perform the contract, is subject to liability

Irresistible Impulse Test

a legal test for insanity that holds people to be insane at the time they committed a crime if they were driven to do so by an uncontrollable "fit of passion" (loss of control test)

Rationale for vicarious liability

Organizations delegate senior management decision making responsibility down the corporate hierarchy and assume the risks of this delegation. The criminal acts and criminal intentions of employees, for example, are imputed to the entity where employees act within the scope of their authority for the benefit of the corporation.

Tincher v. Omega Flex,

a plaintiff must prove that the product that caused his or her injury was "defective" using either (1) the "consumer expectations" test, or (2) the "risk-utility" test.

Odorizzi v. Bloomfield School District

P employed as a teacher by D when he was arrested for homosexual activities. When P got home from jail, principal and superintendent came to his apartment and told him that if he didn't resign they would embarrass him and he wouldn't be able to work as a teacher again. Also told him he didn't have time to talk to attorney. Ct. says that the fact that there were 2 of them, that they were his superiors, the time they came, the fact that it was his apartment, and that they emphasized that he had to make his decision quickly meant that they unduly influenced P. Undue influence, not fraud or duress

Bryan Stevenson

Public interest lawyer, won the case where they found that mandatory life sentences without parole for those under 17 years old are unjust

Disparagement

Publication of false statements about the title or quality of another's property or products Intentional tort

Retributivism

a policy or theory of criminal justice that advocates the punishment of criminals in retribution for the harm they have inflicted

Ways a strict liability case can fail for product liability

The defendant might be able to show that: the plaintiff used the product in a way that he or she knew (or should have known) could lead to injury, or used the product despite knowing of the defect ("assumption of the risk")•the plaintiff's own careless actions contributed to or were the only cause of the injury, including using the product in a manner for which it was not intended, or•some other person or event interacted with the product to such an extent that the product was not the real cause of the injury.

Consumer Expectations Test

a product is "defective" if the danger is "unknowable and unacceptable to the average or ordinary consumer."

Comparative negligence

a rule of law applied in accident cases to determine responsibility and damages based on the negligence of every party directly involved in the accident Each party is compared

Hamer v. Sidway

Uncle promised nephew that if he did not drink etc. until he was 21 he would give him 5,000 dollars Consideration is valid as long the promisee abandons some legal right in the present or limits future actions Contract to stop underage drinking; Is mere abstention from legal conduct sufficient consideration? Yes.

Appropriation

Using someone's name or likeness for personal benefit is not permitted. Individuals have a right to exclusive use of their own name and identity for pecuniary gain. White v. Samsung Electronics America

exceptions to criminal liability

1. BRAKES felonies​: burglary, robbery, arson, kidnapping, escape and sexual crimes → if you engage in these predicate felonies and there is unintended death that is related to action then you are charged with murder (even w/ no desire to murder)... used to deter people from doing these crimes. 2. Strict liability​: certain public welfare (hand gun possession) and sexual offenses (rape, bigamy) do not require proof of Mens rea 3. Involuntary Acts​ that don't quality for Actus reus (no crime): somnambulism (sleep walking), unconsciousness, seizure, involuntary neurological response (hypnotism) 4. Negative acts​ (acts of omission, failure to recognize duty): legally recognized relationships (marriage), contract (being someone's aid), causes danger, undertakes to give assistance (once you subject yourself to helping you are liable), statutory (Joe Paterno)

Robinson on Mens Rea

1. Broad sense- Mens rea is synonymous with a person's blameworthiness—those conditions that make a person sufficiently blameworthy to merit condemnation 2. Narrow sense- Mens rea describes the state of mind or inattention that, together with conduct, defines an offense—the mental state of the defendant at the time of the offense

2 governing bodies of contracts law

1. Common Law - governs real estate, employment, insurance, etc 2. Uniform Commercial Code - governs goods and tangible objects

Conduct Invalidating Assent

1. Duress 2. Undue influence 3. Fraud 4. Non-fraudulent misrepresentation 5. Mistake

Negligence Elements

1. Duty 2. Causation 3. Breach 4. Injury

Silence is not considered acceptance unless...

1. Goods/Services were delivered and not rejected + it was clear they were not gifts2. When offeree takes control of property 3. When offeror says silence will be considered acceptance and offeree is purposefully silent 4. When prior dealing show pattern that silence is acceptance

Defenses to Breach

1. Impossibility - excused party cannot be at fault for the task now being impossible, but nevertheless it still is 2. Frustration of purpose - there is no point because of recent events 3. Accord and satisfaction - a substitute for performance is seen as satisfactory by both parties

Theories of Punishment Constraints

1. Punishments must not be so severe as to be inhumane or "cruel and unusual." 2. Punishments may not be imposed in ways that violate the rights of accused and convicted offenders ("due process of law" and "equal protection of the laws"). 3. Punitive severity must accord with the relative severity of the crime: The graver the crime, the more severe the deserved punishment. 4. Punitive severity is also subject to the principle of minimalism (less is better), the less severe punishment is to be preferred to the more severe.

Seven Steps to Organizational Due Diligence

1. Standards and procedures reasonably capable of preventing criminal conduct 2. Oversight of standards by high level personnel 3. Care in the delegation of substantial managerial authority to individuals 4. Effective communication of standards and procedures to employees 5. Reasonable steps taken to achieve compliance 6. Enforcement of disciplinary mechanisms 7. Appropriate responses after the detection of an offense

Models of genuine fault

1. corporate ethos 2. corporate policy 3. constructive corporate fault (attribute corporate)

How do you satisfy mens rea in corporate crime?

1. locus of wrongdoing 2. seriousness of offense 3. decision making 4. culture 5. proactive action 6. reaction to discovery 7. history of comparable acts 8. remedial acts

7 steps to organizational due diligence

1. standards + procedures reasonably capable of prevention 2) oversights of standards by high level personnel 3) care in the delegation of substantial authority 4) effective communication of standards and procedures to employees 5) reasonable compliance steps 6) enforcement of disciplinary mechanism 7) appropriate responses after the detection of an offense (KEY)

Terry v. Ohio

(stop and frisk search): a stop and frisk search may be conducted when there is reasonable suspicion to believe that an individual is now or is about to engage in criminal behavior The Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous."

Illinois vs. Rodriguez

-Fourth, Woman beaten, gave permission to enter an apartment that a man lived. She had actually just moved out but police believed her. They found criminal evidence. The Supreme Court held that a warrantless search does not violate the Fourth Amendment if the police reasonably believed that the person who consented to the search had the authority to do so.

Insanity Tests

1) M'Naghten test 2) irresistible impulse test 3) Durham Test 4) Federal test 5) Model Penal Code

Longshot (Larry David movie)

1) There but for the grace of God.... 2)Arbitrariness of justice 3)Capriciousness of justice 4)Discriminatory justice 5)Immense power of the state 6)When Blackstone's Ratio fails 7)Eyewitness errors 8)Costs of wrongful accusations, investigations, prosecutions, and punishments 9)Fragility of alibis 10)How do you determine what is a reasonable financial compensation? 11)What does this case say about the inevitability of mistakes in non-capital, but particularly, capital cases? 12)Who remembers the victim's name?

Citizens United v. FEC

A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law. Leads to creation of SuperPACs & massive rise in amount of third party electioneering (Citizens for a Better Tomorrow, Tomorrow)

companies' efforts to prevent corporate crime

15-20% of corporate costs spent on liability

Philosophy of punishment

5 aspects- retribution, deterrence, incapacitation, rehabilitation, restorative justice

Felony murder sentencing

5 years to life

Scott V. Harris

8th amendment Harris fled scene in his vehicle after police attempted to pull him over for speeding, so Officer Scott rammed Harris's vehicle with his police car, which rendered Harris a quadriplegic. Harris sued Scott, alleging that Scott had violated his Fourth Amendment rights by using excessive force. Did the police officer violate the Fourth Amendment's protection against unreasonable seizure / excessive force? → No, Harris posed a threat to the lives of any pedestrians who might have been present.

Broadnax v. Ledbetter

A Texas sheriff (defendant) offered a $500 reward to anyone who captured and brought in an escaped prisoner. Offer and acceptance- May be accepted by anyone who performs the service called for when the acceptor "knows" that it has been made and acts in performance of it, but not otherwise. Reasoning- An offer needs to be accepted by someone who knows that offer is there. Can't let anyone in on an offer, that doesn't know of its offer, and if it's just happenstance that a person followed thru on an offer, un-knowingly.

Contract Law

A contract is a voluntary agreement (no duress) by competent parties (not infants or incompetents) supported by valid consideration to do or not to do a specific thing.

Unconscionable contract

A contract that contains terms that are so unreasonable that it imposes an unfair burden on one of the parties.

Executory Contract

A contract that has not been performed. When it has been performed, it is called an executed or completed contract.

Corporate Policy (CP) intentional tort

A corporate policy encouraged or resulted in the commission of a crime.

Reactive Fault (RCF)

A corporation's failure to undertake adequate corrective measures in response to the discovery of an offense. To what extent did corporate officials react reasonably?

Proactive Fault (PCF) intentional tort

A corporation's practices and procedures are inadequate to prevent the commission of a crime. To what extent did corporate officials exercise due diligence to prevent the offense from occurring?

Constitution

A document which spells out the principles by which a government runs and the fundamental laws that govern a society

Diffusion of responsibility

a socio psychological phenomenon whereby a person is less likely to take responsibility for action or inaction when others are present. The Bystander Effect

Bilateral Contract

A promise for a promise. Where both parties make promises (express or implied), one promise generally being the consideration for the other.

Unilateral Contract

A promise for an act. Where only one party makes a promise to another, and the other makes no promise of performance in return.

expectation damages

A remedy based on the contract price, placing the victim of the breach in the position she would have been in if the promise had been performed.

Tort process

A sues B for Compensation

objective theory of contracts

A theory under which the intent to form a contract will be judged by outward, objective facts (what the party said when entering into the contract, how the party acted or appeared, and the circumstances surrounding the transaction) as interpreted by a reasonable person, rather than by the party's own secret, subjective intentions.

Carafano v METROSPLASH.com

A third-party created a matchmaking profile on the defendant internet matchmaker's internet service, using the plaintiff identity theft victim's name, address, personal information, and pictures. The victim discovered the identity theft when she began receiving sexual and threatening emails and voicemails. The victim brought suit against the internet matchmaker for invasion of privacy, defamation, negligence, and misappropriation, but the district court granted summary judgment in favor of the defendant. -The internet matchmaker was statutorily immune from the victim's suit.

Mirror Image Test

Acceptance must adhere- Offeree must agree to the exact terms that offeror set forth- A counteroffer starts the process over again- No contract is formed if acceptance includes additional terms

Corporate Criminal Liability Acts

Acts committed by its employees if they were acting within the scope of their authority, and for the benefit of the corporation even if such acts were against corporate policy or express instructions.

Floyd vs. City of N.Y.

Floyd and friend were stopped and frisked outside of their apartment building with no reasonable suspicion. The city was liable for violating plaintiffs' Fourth and Fourteenth Amendment rights because it acted with deliberate indifference toward the police department's practice of making unconstitutional stops and conducting unconstitutional frisks; [2]-The city adopted a policy of indirect racial profiling by targeting racially defined groups for stops based on local crime suspect data, which resulted in the disproportionate and discriminatory stopping of blacks and Hispanics in violation of the Equal Protection Clause. After this case the number of stop and frisks in NY dramatically decreased

Lefkowitz v. Great Minneapolis Surplus Store

Ads in the newspaper that included the quantity of items, price, place, and because it said first come first served, it was a specific person. Ads were a binding offer. Can't put out an offer in an ad and then go back and make restrictions afterwards. Defendant's ad constituted an offer; can't discriminate based on who accepts a unilateral contract offer

Voluntary acts

Affirmative acts Negative acts (no action or failure to act)

Stand your ground laws

Allow the use of deadly force in self-defense with no duty to retreat in locations outside of the home 25 states, with 7 others with some type of this law

Actus not facit reum nisi mens sit rea

An act does not make one guilty unless his mind is guilty.

Abnormally Dangerous Activity

An activity that is not of common usage and creates a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors

Quasi-Contract

An agreement implied in law. An obligation imposed by law to see that justice is done even though no promise was made or intended. A fiction imposed by the law to prevent one party from unjust enrichment. If pizza is delivered to the wrong address

Express Contract

An agreement manifested by words where the terms are expressed by the parties orally or in writing.

Implied Contract By Fact

An agreement where the terms are implied circumstantially from what the parties say and do.

Mistake

An erroneous understanding or inaccurate concept which, if acted upon, may produce an unfortunate result for the actor.

Battery

An intentional inflicting of harmful or offensive contact -intentional tort

trespass on private property

An intentional taking or unauthorized use of another's personal property intentional tort

Kiefer v. Fred Howe Motors

Is a contract entered by a minor voidable? Kiefer was 20 years old when he bought a car that did not work. Wanted money back CONCLUSION: The court held that the minor was not liable for the contract and that the contract was void

M'Naghten test

a test that provides that the defendant is not guilty due to insanity if, at the time of the killing, the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong (cognitive)

Yates Memo

Issued by then-Deputy Attorney General Sally Yates of the Department of Justice. It reminds prosecutors that criminal and civil investigations into corporate misconduct should also focus on individuals who perpetrated the wrongdoing.After Yates Memo, prosecutors needed evidence of at least 1 bad actor within the company to indict the corporation.

Year and day rule

common-law rule that relieves a defendant of responsibility for homicide if the victim lives for more than one year and one day after being injured

Conversion private property

It applies when someone intentionally interferes with personal property belonging to another person. An intentional exercise of dominion or control over another's property that justly requires the payment of full value for the property -intentional tort

Mistake of Fact Defense

It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense. This only works if it serves to override the required mens rea of the crime, doesn't work for strict liability cases D1, a hunter, shoots and kills V1, believing he is killing a deer.2. D2 has non consensual sexual intercourse with V2, mistakenly believing that V2 consented.

Blackstone's ratio

It is better that ten guilty persons escape than that one innocent suffer

Tort law

concerns the allocation of losses arising out of human activities, and affords compensation for injuries sustained by one person as a result of the conduct of another.

Criminal law

concerns the protection of interests common to the public at large, as represented by the state, and it accomplishes its ends by exacting a punishment from the wrongdoer.

Williams v. Thomas Walker Furniture

Appellants, who all purchased household items from Defendant alleged that the installment contracts that were entered into with Defendant were unconscionable and should, therefore, be unenforceable. Contracts void. Due to commercially unreasonable terms in the contract, the installment contract was so extreme as to appear unconscionable and render the contract unenforceable.

Curtilage

Area surrounding a house

Federal Court System Structure

Article III of the constitution invests judicial power of the US into federal court system 13 U.S. Courts of Appeals and 94 U.S. District Courts Supreme Court has the final say if they take a case

Infliction of Emotional Distress

Atrocious, intolerable conduct beyond all bounds of decency intentional tort

Eric Holder

Attorney General that testified that HSBC may be too big to prosecute

Learned Hand Formula

Breach (and therefore liability) turns on whether the burden of precaution (B) is less than the probability (P) of the loss multiplied by its magnitude (L) (B < P xL) B < P x L If the cost to the defendant of avoiding the accident would have been less than the cost of the accident, discounted by the probability of its occurrence, the defendant's failure to avoid the accident is termed negligence.

Felony Murder

Burglery, Robbery, Arson, Kidnapping, Escape, Sexual

Factual Causation

But for A's act, the result would not have occurred when and as it did.

Civil Law (long one)

Civil law deals with disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. Burden of proof: produce evidence beyond probability "preponderance of evidence" Outcome: liable/not Punishment: compensation for injuries or damages as well as disposition of property and other disputes. Purpose: compensation, deterrence

Cohen v. Cowles Media

Cohen gave information to newspapers who promised confidentiality, but then used his name when citing information and he was fired. Can newspapers break the promissory estoppel? No The First Amendment does not protect members of the press from generally applicable laws, such as the doctrine of "promissory estoppel" (breaking a promise).

Proximate Causation

B's injuries must have been the natural and probable consequences of A's act. Without any intervening factors sufficient to break the causal chain

Criminal Law (long one)

Criminal law is the body of law that deals with crime and the legal punishment of criminal offenses. Burden of proof: beyond a reasonable doubt Outcome: guilty/not Punishment: punished by incarceration and/or fines, or in exceptional cases, the death penalty. Crimes are divided into two broad classes: Felonies and Misdemeanors. Purpose: philosophy of punishment

BACH'S PIES allow warrantless searches

B: Border Searches A: Automobile Searches C: Consent Searches H: Hot Pursuit S: School Searches P: Plain View Searches I: Searches Incident to an arrest E: Emergency Searches S: Proper Stop &/or Seizure

Intentional Torts examples

Battery, Assault, False Imprisonment, Infliction of Emotional Distress, Trespass, Conversion

Leizerman v Kanous

Bicyclist brought action against motorist to recover for injuries sustained in collision between bicycle and car. Leizerman filed a complaint alleging that appellee, Jameson Kanous, was liable for Leizerman's injuries arising out of a collision between Kanous' car and Leizerman's bicycle. Kanous filed a counterclaim, alleging that Leizerman was liable for property damage to Kanous' car. Although a plaintiff may have breached a specific duty of safety towards himself, the defendant, for comparative-negligence purposes, must still demonstrate that the plaintiff's negligence was a proximate cause of the defendant's injuries.

Black Industries v. Bush

Black Industries, Inc., contracted with Defendant, George F. Bush, for Defendant to provide certain components at a specified price, which Plaintiff then resold at a significant profit. A contract is void as against public policy if: (1) it is a contract by the defendant to pay the plaintiff for inducing a public official to act in a certain manner; (2) it is a contract to do an illegal act; or (3) it is a contract that contemplates collusive bidding on a public contract

US V. Holmes

Boat was sinking in 1842, and to prevent the boat from being swamped, Alexander Holmes threw some of the passengers overboard and was charged with murder. The court recognized that such circumstances of necessity may constitute a defense to a charge of criminal homicide, provided that those sacrificed be fairly selected.

Fiege v. Boehm

Boehm brought suit against Fiege to recover for a breach of K. D agreed to pay expenses of Pl's bastard child, which Pl believed to be D's. D paid her some of the money, until he found out that the kid wasn't his. Claims there wasn't sufficient consideration because he isn't the father. Because at the time the K was formed, both thought it a possibility there was consideration; no proof of fraud or unfairness.

Davies vs. Martel Laboratory Services Inc.

consideration and the Statute of Frauds' requirement of a writing. Her employer told her that if she obtained her MBA degree, she would receive a salary of $40,000/yr, be a permanent employee, and be on the President's Council. Also, D would contribute to 1/2 of the expenses incurred in obtaining her MBA. After one year in the MBA program at Northwestern, P was terminated. Can sufficient consideration exist, where the promisee receives no disadvantage or benefits - and arguably a benefit as a result of the promise? Ruling: Yes, Reversed and remanded.

Generally Small, privately held business

convicted

CIA

corporate integrity agreement

Corporate liability rules for federal courts

corporation may be held criminally liable for acts committed by its employees if they were acting within the scope of their authority, and for the benefit of the corporation even if such acts were against corporate policy or express instructions. Personhood doesn't matter in corporate crime

Victor Roberts

CFO whose firm found out he didn't file personal tax returns and company fired him

To be enforceable, a contract must be

COOL C: Consideration (something of legal value that is exchanged in a transaction for a promise or an act--a bargained for detriment or benefit) O: Object of the contract must be legal O: Offer and acceptance communicated in the required form with words or circumstances suggesting an intent to enter into a contractual relationship L: Legal capacity of parties

Cundick v. Broadbent

Can Plaintiff rescind the contract for reason of mental infirmity? Wife claimed that husband was not in a good mental state when he bought something and seller took advantage. Held. No. A contract is voidable, in accordance with certain equitable principles, at the option of a person suffering from a mental deficiency. While there is some evidence of a change in the conduct of Plaintiff's business affairs, the record lacked any evidence that his family and friends noticed a deficient mental condition.

Bankey v. Storer Broadcasting

Can an employer change a contract from "fired with cause" to "at will" Yes, if reasonable time is given to the employee of the change

Ford

Car company that we studied that calculated the "risk assessment" in dollars for making the cars less safe

Intentional torts

Causing harm to people or property can result in the injured party having a right of civil recovery against the wrongdoer. Tort laws allow victims to obtain monetary compensation for their injuries.

Strict Liability Crimes

Certain public welfare (e.g., hand gun possession) and sexual offenses (e.g., statutory rape, bigamy, and adultery) do not require proof of mens rea. The act alone will suffice.

Citizens United V. Federal Election Commision (1st Amendment)

Citizens United is a nonprofit organization. Some of its funding comes from for profit organizations. They created a documentary urging people not to vote for Senator Clinton during the 2008 race and paid to advertise the film. Issue: Whether it is constitutional to bring criminal charges against a corporation who creates ads encouraging people to vote for or against a specific political candidate within 30 days of the primary elections and within 60 days of the general election. Rule: No. The Government may not suppress political speech on the basis of the speaker's corporate identity. Corporations are entitled to freedom of speech just like an individual

Medium to Large corporations

Civil Actions, settlement

Sony

Company that launched a line of camcorders that could see through people's clothing

Elonis vs. United States

Const Case where Elonis posted threatening rap lyrics to wife, kindergarten class, and state/fed law enforcement. The ruling was that the First Amendment requires that the petitioner be aware of the threatening nature of their communication, which Elonis was not. Negligence was not sufficient to support conviction.

Tennessee v. Garner

Const Where police shot Garner to prevent him from escaping over a fence, even though unarmed. Court ruled this was not ok. The Fourth Amendment prohibits the use of deadly force unless it is necessary to prevent the escape of a fleeing felon and the officer has probable cause to believe that the suspect poses a significant threat of violence to the officer or the community.

Kennedy vs. Louisiana

Const- Petitioner raped his eight-year-old stepdaughter. Doe the Constitution bar respondent from imposing the death penalty for the rape of a child where the crime did not result, and was not intended to result, in death of the victim. Court ruled that imposing capital punishment for child rape is unconstitutional based on evolving national standards. Justice Kennedy dissented saying that then criminals can do the most heinous crimes to children and they won't face death penalty.

Maryland v. King

Constitutional Maryland allowed organization to collect DNA samples from individuals who are arrested for a crime. King's DNA matched a rape case and he was arrested. The Court held that conducting a DNA swab test as a part of the arrest procedure does not violate the Fourth Amendment because the test serves a legitimate state interest and is not so invasive so as to require a warrant.

California vs. Greenwood

Constitutional Police searched Greenwood's garbage for drug use because they didn't have a warrant, they found evidence of drug use, got a warrant, then arrested him. The Court argued that there was no reasonable expectation of privacy for trash on public streets and that garbage placed on the curbside is unprotected by the Fourth Amendment

California vs. Carney

Constitutional- Was selling weed out of motorhome for sexual favors, officers conducted a warrantless search of his motorhome. The Supreme Court held that the Fourth Amendment applied a lesser degree of protection to motor vehicles based on the ability to easily and quickly move them before a warrant can be obtained.

Leonard vs. Pepsico

Contract Harrier Jet The district court granted the corporation's motion for summary judgment on the grounds (1) that the commercial did not amount to an offer of goods; (2) that no objective person could reasonably have concluded that the commercial actually offered consumers the jet; and (3) that the alleged contract could not satisfy the New York statute of frauds.

Lucy vs. Zeimer

Contract Zehmer signed a memorandum agreeing to sell his family farm to Lucy. Zehmer claimed that it was part of a joke he was playing on Lucy. The intention of a party to a contract is judged by whether her words and actions would be seen by an average person of reasonable intelligence to constitute a contract, or manifest an intention to engage in a contract (an objective standard), not by subjective evidence of a state of mind. An agreement in secret jest is binding

Vokes v. Arthur Murray, Inc.

Contract Appellant dance student enrolled in 14 dance courses at appellee dance studio for a total cash outlay of over $ 31,000 dollars. It should have been reasonably apparent to defendants that her vast outlay of cash for the many hundreds of additional hours of instruction was not justified by her slow and awkward progress, which she would have been made well aware of if they had spoken the "whole truth". Ruled that they were fraudulent in their contract.

Trump v. Maher

Contract Maher stated that he'd give $5 Million to Mr. Trump to give to charity if Mr. Trump would prove that he is not the son of an orangutan. Never went to court, but a joke like this does not form a valid contract because it was obviously a joke.

Zimpel case

Contract Old woman sick and widowed, Zimpel knows about minerals on land Generally, parties to a contract on equal footing do not have an obligation to fully disclose material facts. Such a rule would frustrate business negotiations. Here, however, one party has a significant bargaining disadvantage that may impose: (1) an obligation to inform or disclose, (2) an obligation to offer a fair price or, at the very least, (3) a duty on the part of the agent to raise concerns with the principal about the bargaining power differences.

Hopper v. All Pet Animal Clinic

Contract Plaintiff agreed not to practice small animal medicine for a period of three years from the date of termination. Is the covenant not to compete enforceable? A covenant not to compete is valid if it (1) is no greater than necessary to protect the employer, (2) does not impose undue hardship on the employee, and (3) is not injurious to the public. Here, the covenant was not ok because of the first 2 elements, so it was restricted to only a year. Freedom to contract vs. freedom of employment

"I Am Arthur Anderson"

Corporate crimes affect all of the people within

Atkins vs. Virginia

Crim Atkins convicted of armed roberry, murder, and abduction. Forensic psychologist testified that he was mildly mentally disabled. Court held that executions of mentally retarded criminals are "cruel and unusual punishments" prohibited by the Eighth Amendment. Relied on the evolving public standards that this is not ok.

Martin vs. State

Crim An accusation of drunkenness in a designated public place cannot be established by proof that the accused, while in an intoxicated condition, was involuntarily and forcibly carried to that place by the arresting officer.

US vs. Jewell

Crim Appellant drove into the US in a car with marijuana concealed in one of the compartments. Appellant alleged that he did not know that the car contained drugs and remained ignorant. Issue: Is being willingly ignorant equal to knowing? Rule: Willful blindness is equal to knowledge. To act knowingly: not necessarily to act only with positive knowledge but also to act with an awareness of the high probability of the existence of the fact in question

State vs. Utter

Crim Appellant's son was seen to enter his father's apartment and shortly thereafter the son was seen stumbling in the hallway where he collapsed. Before he died, he had stated that appellant had stabbed him. Appellant testified that on the date of his son's death he began drinking during the morning hours. The evidence of appellant's intoxication was such that it negated his ability to form criminal intent to murder. However, the intent was not an element of manslaughter.

Keeler vs. Superior Court

Crim Case where man beat his wife when found out that she was pregnant with another man's child. Fetus was killed. Court ruled that unborn fetus was not a child and therefore this was not murder.

Roper vs. Simons

Crim Christopher Simmons was sentenced to death in 1993, when he was only 17. the Court ruled that standards of decency have evolved so that executing minors is "cruel and unusual punishment" prohibited by the Eighth Amendment. The majority cited a consensus against the juvenile death penalty among state legislatures,

People vs. Rideout

Crim Deals with the "but for" question- was the chain broken Drunk driver caused an accident with another car. The passengers exit the car and speak with defendant. Then one of the walks into the road and is hit and killed by another car. The defendant is not liable for this death because the passenger had reached a position of safety and then chose to reenter the roadway.

People vs. berry

Crim Defendant was convicted of murdering his wife. Defendant alleged that he killed in the heat of passion because wife had taunted him for weeks and was in love with another man and thus should only be found guilty of manslaughter. Whether Defendant possessed the requisite intent for the crime he was convicted of. Held. Defendant killed in the heat of passion.

Smith vs. state (2)

Crim Defendant, an army private, commandeered a vehicle at gunpoint, and after being chased by police shot and seriously wounded a police officer. He tried to use an insanity defense, even though psychologists testified he wasn't insane. The defense must come forth with some evidence supporting the defense of insanity before the burden of proof shifts to the state.

Miller vs. Alabama

Crim Miller killed man by beating with baseball bat. He was 14 years old at the time. The Court held that the Eighth Amendment's prohibition against cruel and unusual punishment forbids the mandatory sentencing of life in prison without the possibility of parole for juvenile homicide offenders. Children are constitutionally different from adults for sentencing purposes.

US vs. X-citement video

Crim Richard Gottesman, owner and manager of X-Citement Video, sold forty-nine tapes to undercover officers. Videos were of Traci Lords before she turned eighteen. Did the Act's use of the term "knowingly" violate the First Amendment's Free Speech clause by not mandating a showing that the alleged offender knew which materials contained under-age performances? No, all the law required was a showing that alleged violators intentionally distributed illegal pornography, regardless of whether they knew it depicted underage performances.

Michigan vs. Sitz

Crim Sobriety checkpoint created. Sitz said it was a violation of the Fourth Amendment. Court held that the roadblocks did not violate the Fourth Amendment. The Court noted that "no one can seriously dispute the magnitude of the drunken driving problem or the States' interest in eradicating it." The Court then found that "the weight bearing on the other scale--the measure of the intrusion on motorists stopped briefly at sobriety checkpoints--is slight."

Barber vs. Superior Court

Crim Two physicians were charged with murder and conspiracy to commit murder after they removed respirator and feeding tubes from a patient who had virtually no chance of recovering cognitive and motor skills, in accordance with the request of the patient's family. Should writ of prohibition by physicians who terminated life support, causing patient's death, be granted? Yes

Cannibalism

Crime

Conduct Invalidating Manifested Assent of a contract

Duress, undue influence, fraud, mistake

D/B/C/I

Duty, breach of duty, causation, injury

Hadley vs. Baxtendale

English contract law case. Part of mill broke down, person took a while fixing it causing losses, he was unaware that this delay would cause losses for the mill It sets the leading rule to determine consequential damages from a breach of contract: a breaching party is liable for all losses that the contracting parties should have foreseen, not those that they did not foresee

Austin Instrument v. Loral Corp.

D was forced to accede to P's demands by economic duress: the threat to stop deliveries unless the prices were increased deprived P of its free will". There were "no reasonable alternatives." There was no consideration for the demand for more money under the pre-existing duty rule.

Trespass to Real Property

Entering on, remaining on, and failing to leave land in possession of another Intentional tort

Six Types of Contracts

Executory, unilateral, bilateral, express, implied by fact, quasi

Briefing cases

Facts of the case Issue or question posed Decision of the court Rationale or reason for the decision

Ever-Tite Roofing Corp. v. Green

Facts: The company alleged that the homeowners' breached a contract to re-roof the homeowners' residence. The homeowners alleged that there was no formal acceptance. Holding: The court held that there was an offer and an acceptance of the contract by the company. The ability to withdraw the offer was terminated at the time of acceptance. Here, the court is being generous in allowing the work to commence upon the loading of the truck. The court is not clear about what type of work will be deemed acceptance and in what situations, Because no time was specified within which the offer had to be accepted, then reasonable time must be allowed.

FBRAKES

Felonies- Burglaries, Robbery, Assault, Kidnapping, Escape from police, Sexual assault

Felony murder

Felony murder is a legal rule that expands the definition of murder. It applies when someone commits a certain kind of felony and someone else dies in the course of it felony murder doesn't require the intent to kill, only the intent to commit the underlying felony Capital punishment used

Reliance damages

Damages based on the non-breaching party's costs and having the purpose of putting the non-breaching party in the position she would have been in had the promise not been made.

Heather McDonald

Data presented against stop and frisk→ make the case that it's racist; explanation is the incidence of crime→ though blacks are 23% of the population, they commit 75% of shootings and crimes; if u add spanish that accounts for 90% of all shootings

The Bad Samaritan

David Cash, in Jeremy Strohmeyers case when he murdered and raped Sharissa (little girl)

Constructing corporate responsibility

Decision making, Culture, Policies, Proactive action to prevent acts, e.g., corporate ethics codes, Reaction to the discovery of acts, e.g., timely and voluntary disclosure, Remedial acts, Extent of complicity / pervasiveness of wrongdoing, History of comparable acts

JUSTIFICATIONS for crime

Defenses in which the law authorizes the violation of another law where there is a justification Self Defense Defense of Others Duress Necessity

EXCUSES to criminal law

Defenses in which the law recognizes the absence of mens rea or actus reus, and concludes that no crime has been committed Insanity Infancy

Crime Tort Barrier

Degree of harm + Degree of intentionality determines the ________

Cyberchron Corp. v. Calldata

Despite extended contract negotiations, a formal contract was never reached between the plaintiff sub-contrator and defendant contractor. Based on defendant's assurances that the product would be paid for, plaintiff manufactured some items. When defendant ended the relationship, plaintiff submitted a bill for the completed items, which defendant refused to pay. They have to pay. If negotiations are failing to reach an agreement on specific terms and to form a contract, but one party insists that the other commence performance, the party will be able to recover reliance damages for that performance based on the doctrine of promissory estoppel.

Mooney v Mooney

Divorce case

Substantive law

Formal prescriptions of the cognitive and volitional requirements of wrongs that are deserving of punishment.

Winston vs. Lee

Fourth Lee was wounded with a bullet but refused to get surgery to remove it as evidence. The Court held that below-the-skin surgery represented such an infringement on the expectation of privacy that it must be justified by a compelling need for the evidence that might be produced. The state could not produce a compelling need to retrieve the bullet

City of Ontario v. Quon

Fourth The Supreme Court held that the City of Ontario did not violate its employees' Fourth Amendment rights because the city's search of Mr. Quon's text messages was reasonable.

Dunham v Kudra

Fur coats The test for economic duress is simply this: is the person complaining constrained to do what he otherwise does not do?

Deterrence

General and specific deterrence, difficult to measure- supposed to keep other criminals from doing the same crime

Retribution

Giving the criminal the penalty they deserve, does the punishment fit the crime

Graham v Connor

Graham needed insulin, started running around his car, Connor handcuffed him and Graham sustained multiple injuries. Graham said he violated his 8th amendment rights. Connor argued for a standard of "objective reasonableness" by the 4th amendment. "objective reasonableness" of a use of force should be judged by the perspective of an officer on the scene, and should take into account factors such as the severity of the crime, the threat posed by the suspect, and any attempts by the suspect to resist or evade arrest

New California Legislation: Amendment to Penal Code 196/835

Homicide is justifiable when committed by peace officers and those acting by their command in their aid and assistance

Disturbing the Universe (William Kunstler)

How law may be used, instrumentally, to encourage social change.

Crime =

INTENT +ACT +CONCURRENCE +CAUSATION +HARM/INJURY + PROHIBITED ACT

volitional impairment

Impaired ability to control behavior and to act in ways that he or she recognizes to be wrong

Cognitive Impairment

Impaired ability to perceive reality and reason about it

Scalia paradox

In Kennedy (the child rape case) How do you measure "evolving standards of decency" when Coker gave state legislators strong incentives not to push for the enactment of new capital child-rape laws even though these legislators and their constituents may have believed that the laws would be appropriate and desirable.

New York Criminal Procedure for search and seizure

In addition to the authority provided by this article for making an arrest without a warrant, a police officer may stop a person in a public place located within the geographical area of such officer's employment when he reasonably suspects that such person is committing, has committed or is about to commit either (a) a felony or (b) a misdemeanor

In pari delicto

In equal footing

Jackson v Axelrad

In this unusual medical malpractice case, both physician and patient were doctors. Each claimed the other was negligent, and a jury agreed both were. As the jury assessed slightly more fault to the plaintiff (51 percent) than the defendant (49 percent), the trial court entered a take-nothing judgment. Under the same circumstances case

Standards regarding a stop

Individualized, reasonable suspicion that the person stopped has committed or will commit a felony or misdemeanor Can't be object or situation based

Nonfraudulent misrepresentation

Innocent misrepresentation or negligent misrepresentation

Assault

Intentional conduct toward another person that puts her in fear of immediate bodily harm intentional tort

Magic Gardens

Jessica davis burned by a marshmellow

US V. Jones (4th Amendment)

Jones owned a nightclub and was suspected of dealing narcotics. Police were granted a warrant allowing them to use GPS tracking devices on his jeep but failed to comply with the warrant's deadline. Officials still installed the device under the Jeep and used it to track the vehicle's movements. The government ultimately obtained an indictment against Jones which included charges of conspiracy to distribute cocaine. Issue: ​Does attachment of GPS tracking device to vehicle and subsequent use of device to monitor vehicle's movements on public streets violate Jones' fourth amendment rights? Rule: The installation of a GPS tracking device on Jones' vehicle, without a warrant, constituted an unlawful search under the Fourth Amendment. The government obtained some information while he was on his private property, invading his privacy. The government also violated reasonable expectations of privacy.

Murder in the second degree

Killing done with intent to cause death but without premeditation and deliberation

State vs. Knutson

Knutson caused damages to people in car accident. Issues with her fines. A district court administrator may not implement and apply a policy that is inconsistent with a statute.

Colin Ferguson case

LIRR massacre

Substantive Law

Law that defines, describes, regulates, and creates legal rights and obligations. Public is constitutional and criminal law, private is tort law and contract law.

Threats against the president

Law: someone who makes a threat to the president or vice president will be fined and imprisoned for no more than 5 years Strict liability

Blue laws

Laws prohibiting business activity on sundays

Elements of Crimes

Legality Actus Reus Mens Rea Concurrence Causation Harm/Injury

Compensatory damages

Loss of value + Incidental damages + Consequential damages - Loss or cost avoided by injured party

Victims name in Longshot

Martha Puebla

US V. Martinez-Fuerte (4th Amendment)

Martinez-Fuerte and others were charged with transporting illegal Mexican aliens. They were stopped at a routine fixed checkpoint for brief questioning of the vehicle's occupants on a major highway not far from the Mexican border. Do such stops violate the Fourth Amendment's proscription against unreasonable searches and seizures? → No, if there is a reasonable collective suspicion, then individuals can be searched in the interest of public safety

McCleskey V. Kemp (4th and 8th Amendments)

McCleskey, a black man, was convicted of murdering a police officer and sentenced to death. McCleskey argued that a statistical study proved Georgia death penalties depended somewhat on race of victim and accused (black defendants who kill white victims are most likely to get death sentence.) Did the statistical study prove that McCleskey's sentence violated the Eighth and Fourteenth Amendments? No, because McCleskey could not prove that purposeful discrimination affected his case.

Legality

No one can be punished for conduct unless the conduct is defined (by a legislature) as criminal There can be no retroactive criminal law making

Negligent misrepresentation

Misrepresentation made without due care in ascertaining its truthfulness.

Innocent misrepresentation

Misrepresentation made without the knowledge of its falsity, but with due care

Yolanda manuel

Mother of sherrice iverson

"Circle of Poison"

Movie in class Dangerous pesticides banned in the U.S. shipped to Latin America (leveraging weaker regulation), used to grow produce which is then shipped to the U.S. Nicaragua Farmers exposed to pesticides from the U.S., suffer sterility, farmers had insufficient knowledge and inadequate healthcare, settled in favor of farmers

Small number Larger corporations

NPA, DPA, CIA

Main types of Torts

Negligence Intentional torts

NPA

Non-Prosecution Agreement

Northrop Corp. v. Litronic Industries

Non-conforming goods can be rejected in reasonable time. Manufacturer sent switchboards to someone, wanted a 90 day warranty but the other group thought they accepted an unlimited warranty. 6 months was a reasonable time due to the complexity of the switch boards. Both sides did not assent to the "different" terms laid out by North shows that they really didn't acceded to the offeror's terms because they put, unlimited terms on their warranty. But they conducted business anyways. If offeror does not want to conduct business, he/she can specify that North must conform to all aspects of the deal.

In re Banks

North Carolina "Peeping Tom" statute says that any person who peeps secretly into any room occupied by a female shall be guilty of a misdemeanor. Is the North Carolina "Peeping Tom" statute unconstitutionally vague? → No, in order to be constitutional, a statute must clearly and with a reasonable degree of certainty tell persons who are subject to it what conduct is forbidden.

Kahler vs. Kansas Case

Not yet tried. Kahler family man with a bunch of mental diseases. He killed his wife and 4 kids. Question is whether he can use these diseases as a defense against murder charges.

685 k

Number of Stop and Frisks in NY at peak

4 levels to searches and seizures

Objective credible reason, Founded suspicion → can come up with this after the fact, Reasonable suspicion, Probable cause

New Jersey State Prison

Oldest continuously operating state prison in the US

Ewing vs. California

On March 12, 2000, Gary Ewing, a serial offender with a long history of criminal convictions, was arrested for stealing three golf clubs, each worth $399, from a Los Angeles-area golf course. Convicted for 25 years. Court ruled that this was legal based on his history of other offenses.

Stevens v Veenstra

On the first day of the minor's driver's education course, he turned too sharply and struck the injured party. Both the minor and his driving instructor attempted to turn the automobile away, but were unsuccessful. The injured party filed suit against the school system based on injuries received. At trial, the trial court instructed the jury that a minor had a different standard of care than an adult.

Duty of Good Faith

Once a contract has been agreed upon, the parties must live up to it to the best of their abilities- good faith is the absence of bad faith

Legally Recognized Relationships

Parent to Child, Husband to Wife,Registered domestic partner to partner, Husband of mother to child, Certified biological father to child, Adoptive parents to child

Level 1 and 2 encounters for NYPD

Person must feel free to walk away at any time

Plaintiff

Person who filed the suit Name goes first

Coblyn v Kennedy's

Plaintiff customer brought an action against defendant store for false imprisonment, after suffering a heart attack shortly after being stopped by a store employee before exiting the store and being escorted to see the manager because he was putting on a scarf taken out of his pocket. Applying the standard of reasonable grounds as measured by the prudent man test, the court held that the evidence warranted the conclusion that the store employee was not reasonably justified in believing that the customer was engaged in shoplifting.

Product Liability

Plaintiff must show three things: 1.The product was unreasonably unsafe or unreasonably dangerous when it was designed, manufactured, or sold 2. the seller expected and intended that the product would reach the consumer without changes to the product 3. the plaintiff was injured by the defective product.

Owen v. Tunison

Plaintiff sent a letter to Defendant asking to buy a certain property for $6000. Defendant wrote a reply that described that "it would not be possible to sell unless I was to receive $16,000 cash." Plaintiff then sent a message that he accepted the offer to buy for $16,000. Synopsis of Rule of Law. An offer is an act that must express the will or intention to allow an offeree to reasonably believe that the power to create a contract. It excludes situations that evidence intent to deal or open negotiations. So contract was voided.

Halliday v Sturm, Ruger & Co

Plaintiff's son, Jordan Garris, was killed by a handgun, which was manufactured by Sturn, Ruger & Co. (Defendant). Plaintiff sued Defendant for products liability. Generally, gun makers are only liable when their products malfunction, but there is a limited category of handguns which clearly are not sanctioned as a matter of public policy. In this case, the gun was not the type of gun that fit into the exception. It was a lawful weapon and was lawfully sold. The gun did not malfunction in any way.

Jones v. Star Credit Corp.

Plaintiffs, who are welfare recipients, agreed to purchase a home freezer for $900. The total purchase price became $1,234.80. Thus far, the Plaintiffs have paid $619.88 towards the purchase. Defendant claims that with various charges relating to the extension of time for payment, there is a balance of $819.81 still due. The maximum retail value of the freezer is $300. Public policy dictates that uneducated consumers should be protected from greedy merchants and the dangers of unequal bargaining power.

Van Den Haag

Prefers unequal justice over equal injustice, Justice requires that as many of the guilty as possible be punished, regardless of whether others have avoided punishment.

Ford v. Wainwright (1986)

Prohibits the execution of the insane (8th amendment)

Fourth Amendment

Protects against unreasonable search and seizure Requires that probable cause searches be conducted according to the terms of a warrant issued by a neutral and detached magistrate (a disinterested judge)

Standards regarding a frisk

Reasonable suspicion that the person is armed and dangerous Only when necessary to protect the safety of the officer

Recklessly

Recklessness is the decision to commit a certain action despite knowing about associated risks. Recklessly: A intends to blow up a building in which he knows B is asleep. He calls C and asks him to go to the building and wake up B. B knows that C is not very responsible. If C fails to do wake B, and B dies, A has killed B recklessly because he consciously disregarded a significant risk of injury to B.

Restorative justice

Repairing the harm caused by the offender to the victim

How a corporation can avoid being liable

Respond Reasonably-Investigate! Cooperate With Gov't Accept Responsibility Show Remorse Terminate Culpable Agents Invest More In Compliance

Just Deserts Theory

Retributivism

Basic changes to stop and frisk NYPD

Reverse policies and training for stop and frisk Officer must record the basis for stop Reform supervising and monitoring policies Body-worn cameras for one year

Reversed and remanded

Reversed = the decision of a lower court (usually trial) is rejected as incorrect by a higher (appellate) court. Remanded = the matter is sent back to the lower court for further proceedings.

Does the non-consensual extraction of blood implicate Fourth Amendment privacy rights?

Search -personal autonomy, yes

Does the gathering of fingerprint evidence from 'free persons' constitute a significant interference with individual expectations of privacy?

Search -privacy interest

In the absence of probable cause, how long must a detention be to offend the Fourth Amendment?

Seizure -freedom of movement

Smith v State (1)

Sleepwalking and shot his wife (negative actions can't be held liable); somnambulism case!

Stare decisis

Stare decisis is Latin for "to stand by things decided." In short, it is the doctrine of precedent- decision that is the basis or reason for future decisions. A decision that will judge how things are decided in the future

SAC Capital

Steven Cohen's Hedge Fund charged with insider trading

Rand Summary

Stop and Frisk report

Ways that a police can stop you and what they can do to you

Stop and inquire (articulable suspicion) Stop and Frisk and Pat down (reasonable suspicion) Stop and Arrest (probable cause)

TSA privacy precautions

Strict privacy safeguards are built into the foundation of TSA's use of advanced imaging technology to protect passenger privacy and ensure anonymity. Use scanning technology that blurs face, doesn't invade inside of body privacy Backscatter and Millimeter wave

The Queen v. Dudley and Stevens

Survival cannibalism necessity in murder is not a defense for murder

Odorizzi vs. Bloomfield

Teacher was influenced by undue influence to quit Ruled that this made him do it, the school is liable

federal test for insanity

Test that says as a result of severe mental disease, the defendant is unable to appreciate the nature and quality of the wrongfulness of his act

Model Penal Code (MPC)

Test that says because of mental impairment, defendant lacks substantial capacity to appreciate the criminality of conduct or to conform the law (combo of cognitive and lost of control test)

Durham test / New Hampshire Test (1954)

Test that says that crime is a product of defendant's impairment (Causation)

Irwin Schiff vs. Newman

That no statutory deficiency in Federal income tax can exist until an assessment has been made; that no tax assessment can be made unless a tax return has been voluntarily filed that the Internal Revenue Service, in enforcing the income tax, seeks to impose a tax not authorized by the taxing clauses of the United States Constitution; that the United States Tax Court has no jurisdiction over Schiff; that the United States Tax Court is not a court.

Constitutional criminal procedure

That part of the law that governs and regulates the methods and practices by which criminal justice functionaries and the criminal justice system operates.

The Corporate Compliance Movement: The Carrot and the Stick

The Carrot: The likelihood of a criminal investigation, indictment, aggressive prosecution, conviction, and significant fine are reduced significantly by evidence of these seven steps of corporate compliance. The Stick: Those companies that have not invested in compliance will face criminal investigation and prosecution, along with significant fines and penalties

Fourth Amendment's warrant requirement

The Fourth Amendment requires that searches be conducted according to the terms of a warrant issued by a neutral and detached magistrate The warrant must be based on probable cause, and describe with reasonable certainty the place to be searched and the items to be seized.

Feinberg v. Feiffer

The board of the Defendant, agreed to a give the Plaintiff, a retirement package upon her retirement. After two additional years of working, the Plaintiff retired. Defendant ceased payment and Plaintiff sued to enforce the agreement. Rule of Law: A promise that induces an action or forbearance is binding if injustice can be avoided only by enforcement of the promise. - Creation of promissory estoppel

State Court System Structure

The constitution and laws of each state establish the state courts Most states have different levels, with the State Supreme Court being the highest

Alien Tort Statute

The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.

Escalating scale of force

The force code that police follow that determines what force they are able to reciprocate to their target based on their targets actions

False Imprisonment

The intentional confining of a person against her will intentional tort

Undue Influence Contracts

The law has traditionally scrutinized very carefully contracts between those in a relationship of trust and confidence which is likely to permit unfair persuasion being exerted by one party upon the other.

Why negative acts are not criminalized generally

The law should not regulate or "legislate" morality Laws imposing affirmative obligations to act are impractical, won't work, and would be difficult to enforce

New York Central & Hudson River Railroad v. United States

The notion that corporations are incapable of committing crimes would "virtually take away the only means of effectually controlling" business transactions in interstate commerce Corporations can commit crimes

substantive criminal law

The part of the law that defines crimes and specifies punishments.

Appellant

The party who appeals (if it reaches this point) Name goes first

Corporate Ethos (CE)

The personality of the organization (corporate goals and policies) encourages corporate agents to commit a crime.

Utilitarianism

The pure consequentialist views punishment as justified to the extent that its practice achieves (or is reasonably believed to achieve) whatever end-state the theorist specifies

Vicarious liability

The responsibility of the superior for the acts of their subordinate Agent's criminal act and criminal intent must line up

4th Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Use of Force Goal and Judgement

only use the minimal amount necessary to overcome an immediate threat or to effectuate an arrest. Use of force should be judged by the perspective of an officer on the scene Consider the totality of the situation not just individual factors

Criminal process

The state criminally indicts A for a crime

Involuntary Manslaughter/Negligent Homicide

The unintentional killing of another without malice (the intentional doing of a wrongful act) A killing that results from reckless conduct exhibiting a conscious disregard for human life

Peppercorn Theory

The value of exchanged does not have to be objectively equal -- just needs to be any exchange- adequacy = fairness --> not important- sufficiency = delivered as promised --> important

American Cyanamid

They were producing harmful chemicals in their plant, dangerous for women to work there Established a fetal protection policy Forced their employees to choose between job security and physical health Begs the question of what responsibilities a company has in protecting its workers? Should a company protect/recognize the life of a fetus?

Katz v. US

This 1967 Supreme Court case prohibited illegal eavesdropping and extending the zone of privacy to include the home, office, person, and immediate public arena. Fourth amendment ruling refined search and seizure tech rules (pay phone gambling)

Purposely

This is the explicit and conscious desire to commit a dangerous or illegal act. Purposely: A desires to kill B by blowing up a building in which he knows B is sleeping. He has acted purposely with regard to the death of B.

Negligently

This is the mildest form of criminal culpability. A person commits negligence when she fails to meet a reasonable standard of behavior for her circumstances. Negligently: A desires to blow up a building. Although it would be apparent to the average person that B is in the building and will be killed, A is totally unaware of that possibility. If B dies, A has acted with criminal negligence with regard to B's death.

Knowingly

This term applies if a person is aware that his or her actions will have certain results, but does not seem to care. Knowingly: A intends to blow up a building in which he knows B is asleep on the top floor. Even though he does not desire B's death, if B dies, A has killed B knowingly because it is practically certain the B will die.

TBTP

Too big to prosecute Submission to the power of business interests that undermine perceptions of the legitimacy of the state to regulate, and the fairness of our markets, domestically and internationally

Spano v. Perini Corporation

Tort Garage and car damaged from a blast by a construction tunnel. The defendants are liable for the blast because the blaster is liable for any damages they cause, with or without trespass.

Lubitz v. Wells

Tort Defendant's son struck plaintiff in the jaw and chin with a golf club. Plaintiff complaint said that defendant was negligent for leaving golf club out in yard. The father was not held liable. The court ruled for the act of discarding the golf club to give rise to liability based on negligence, it must be obviously and intrinsically dangerous.

Cohen v. Petty

Tort Where the driver fainted, without any previous knowledge that he was susceptible to fainting and was suddenly stricken with illness and the people sued him for damages caused in an accident. The court found defendant did not know and had no reason to think he would be subject to an attack such as overcame him and caused him to faint. Hence negligence could not be predicated upon defendant's recklessness and he is not liable.

Toys v. Burlington

Toys entered into a five-year lease agreement with F.M. Burlington Company to rent retail space in Burlington's mall, and wanted to negotiate new terms for a lease but Burlington said that it had to pay the prevailing rent rates as that was in the contract Does the option to extend the lease agreement contain all material and essential terms to be incorporated in the subsequent document, to be enforceable? Yes. It is not necessary that an agreement contain all terms of a contract as long as it contains a practicable, objective method of determining the essential terms. Before voiding a contract for vagueness, indefiniteness or uncertainty of expression, court must attempt to construe the contract to avoid defect.

Capital crimes

Weapons of mass destruction resulting in death Espionage Terrorism Treason Kidnapping with extortion Aggravated kidnapping Aircraft hijacking Drug trafficking resulting in death

Objective Test of Breach of Duty of Reasonable Care

What would a reasonable person have done in like circumstances?

Excusable ignorance

Where a party is uninformed as to a material fact rendering the contract illegal, that party will be entitled to seek damages.

Hawkins vs. Mcgee

Where the skin grafting operation on the hand made it much worse The doctor is liable for The difference between the value of what Hawkins was promised to receive—a "one hundred percent good hand" —and what he in fact received—a hairy palm.

Kew Garden's Principles

Where the woman died in NY and no one did anything for her after she got stabbed The obligation to come to the aid of a person in peril turns on whether:-The Good Samaritan has proximity, capacity to act, is in a unique position to act (no-one else will act) and, in acting, will not suffer undue loss. Finally, there must be an extreme need to act.

Good Samaritan Laws

Whoever knows that another person is a victim of aggravated rape, rape, murder, manslaughter or armed robbery and is at the scene of said crime shall, to the extent that said person can do so without danger or peril to himself or others, report said crime to an appropriate law enforcement official as soon as reasonably practicable.

statutes

Written laws made by legislatures

Proximate cause

a happening which results in an event, particularly injury due to negligence or intentional wrongful act. In order to prevail (win) in a lawsuit for damages due to negligence or some other wrong, it is essential to claim (plead) proximate cause in the complaint and to prove in trial that the negligent act of the defendant was the proximate cause (and not some other reason) of the damages to the plaintiff Need this to win a negligence case

Exclusionary Rule

a law that prohibits the use of illegally obtained evidence in a criminal trial.

Soft Retributivism

a "softer" version of retributivism exists which holds that punishment of the guilty is merely permissible, not mandatory

Reasonable person standard

aims to avoid the potential for parties to claim they suffered harassment when most people would not find such instances offensive if they themselves were the subject of such acts.

Murder in the first degree

an unlawful killing that is both willful and premeditated committed after planning or "lying in the wait"

Rehabilitation

assumption that individuals can be treated and can return to a crime free lifestyle

Procedural unconscionability

bargaining naughtiness in the negotiation process

Black Letter Law

basic principles of law generally accepted by courts and embodied in statutes

Partial illegality

certain situations, courts will permit the legal portion of an agreement to stand, by severing the illegal portion.

Ferguson case

colin ferguson shot people on railway car. was his own lawyer and was insane, however didn't present this in his case. Convicted for murder

DPA

deferred prosecution agreement

Narrow Sense of Mens Rea

describes the state of mind or inattention that, together with conduct, defines an offense—the mental state of the defendant at the time of the offense

Proof of negligence

direct evidence- testimony of witnesses Circumstantial evidence- allows for inferences real evidence- recordings or physical items

Incapacitation for punishment

effect of a sentence in terms of positively preventing the sentenced person from committing future offenses

Due care

every person has a duty to act as a reasonable person of ordinary prudence would under those circumstances.

Contributory negligence

failure of an injured plaintiff to act prudently, considered to be a contributory factor in the injury suffered, and sometimes reducing the amount recovered from the defendant.

Eighth Amendment

freedom from excessive bail. freedom from excessive fines and cruel and unusal punishment. Consider characteristics of offenders (IQ, age, sanity, awareness)

Uniform Commercial Code Article 2

governs contracts for the sale of goods (1) If the court as a matter of law finds the contractor any clause of the contract to have been UNCONSCIONABLE at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.

Procedural law

group of laws that define the methods for enforcing legal rights and duties. Not concerned with this type.

Liebeck v. McDonalds

hot coffee causes 3rd degree burns, she wins 1M, but she was 20% responsible so gets 800000. contributory negligence

Constitutional law

is the fundamental law of the government, establishing its powers and limitations, and delineating the extension of rights and liberties

Promissory estoppel

is the legal principle that a promise is enforceable by law, even if made without formal consideration when a promisor has made a promise to a promisee who then relies on that promise to his subsequent detriment.

Usury laws

laws that prohibit loans with an interest rate that exceeds the legal maximum

cognitive impairment of personhood

loss of ability to think logically; concentration and memory are affected

O'Connell v Walt Disney

minor was injured during a stampede proximately caused by the negligent acts of appellee's employees in conducting a horseback ride. The doctrine of assumption of risk cannot be invoked unless it is clearly shown that the particular risk or danger shall have been known and appreciated by the person injured

Involuntary acts

no crime Somnambulism Unconsciousness Seizure Involuntary Neurological Response

Negative acts

no crime unless -Legally recognized relationships -Contract -Caused danger -Undertakes to give assistance -Certain statutory requirements

Largest corporations

no prosecution, too much of a systematic risk, TBTP (too big to prosecute)

Risk-Utility Test

product is "defective" if "a reasonable person would conclude that the probability and seriousness of harm caused by the product outweigh the burden or costs of taking precautions."

Contract law

protects a very limited interest, that of having the promises of others performed.

Heat of Passion

rage, anger, hatred, furious resentment, or terror rendering the mind incapable of cool reflection reduces an intentional homicide to manslaughter

Incidental damages

reasonable expenses incurred by one party to a contract as a result of the other party's breach of the contract.

Slow code

refers to the practice in a hospital or other medical centre to purposely respond slowly or incompletely to a patient in cardiac arrest, particularly in situations for which cardiopulmonary resuscitation (CPR) is of no medical benefit.

Automatism

refers to unconscious, involuntary behavior and can be used as a defense against criminal responsibility, based on the idea that a person cannot be held liable for actions Some courts have viewed automatism as a variation of the insanity defense (where negating mens rea is the issue)

Constructive corporate fault

relies on both objective and subjective reasonableness judgments Laufer's theory

Mailbox rule

rule under contract law for determining the time at which an offer is accepted, states that an offer is considered accepted at the time that the acceptance is communicated

Administrative law and regulations

rules, orders, and decisions of administrative agencies

Penry case

sanctioned the death penalty for mentally disabled offenders because the Court determined executing the mentally disabled was not "cruel and unusual punishment" under the Eighth Amendment.

U250

stop and frisk form that police fill out

Broad Sense of Mens Rea

synonymous with a person's blameworthiness—those conditions that make a person sufficiently blameworthy to merit condemnation

Extreme Emotional Disturbance (EED)

temporary loss of the emotional control and restraint that normally prevents one from committing homicide, is judged by a hybrid objective/subjective standard.

Caveat emptor

the principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made.

HSBC

to big to prosecute

Coker vs. Georgia

to receive penalty, death must have been the result of the crime. Rape is not enough

UCC

uniform commercial code

cognitive impairment vs. volitional impairment

whether or not you can make basic distinctions between right or wrong, or you simply chose to to do what is wrong

Kitty Genovese

woman whose murder in front of witnesses led to research on bystander effect

Cases

written decisions by judges