Jacobs - NYU School of Law
... - idea that blame and punishment are inappropriate and unfair in the absence of choice - moral fault; the kind of awareness or intention that must accompany the prohibited act, under the terms of the statute defining the offense -we shouldn’t convict somebody unless they have foresight of consequenc ...
... - idea that blame and punishment are inappropriate and unfair in the absence of choice - moral fault; the kind of awareness or intention that must accompany the prohibited act, under the terms of the statute defining the offense -we shouldn’t convict somebody unless they have foresight of consequenc ...
Manaster Torts Outline
... 2. Summer v. Tice: two hunters both negligently fire gun, victim shot by one but by whom? If neither know, neither can prove it was the other, both held liable a. But-for Test does not work – cannot say but for action of one, harm would not have happened b. Substantial Factors Test does not work, be ...
... 2. Summer v. Tice: two hunters both negligently fire gun, victim shot by one but by whom? If neither know, neither can prove it was the other, both held liable a. But-for Test does not work – cannot say but for action of one, harm would not have happened b. Substantial Factors Test does not work, be ...
Torts analytical frameworks
... prudent person would under same/similar circumstances to minimize or avoid risks of harm to others") -established by a statute? (think negligence per se) or custom? Breach? -did D exercise due care that a reasonable person would under the circumstances? -does D have any excuse/defense for violating ...
... prudent person would under same/similar circumstances to minimize or avoid risks of harm to others") -established by a statute? (think negligence per se) or custom? Breach? -did D exercise due care that a reasonable person would under the circumstances? -does D have any excuse/defense for violating ...
Criminal Law
... going to repeal a law on adultery, how will that play in a campaign) -The risk here might be under-punishment, but is the risk that great? Not really because politicians will no doubt grandstand over judicial activism here; that’s why many jurisdictions still allow for the open practice of desuetude ...
... going to repeal a law on adultery, how will that play in a campaign) -The risk here might be under-punishment, but is the risk that great? Not really because politicians will no doubt grandstand over judicial activism here; that’s why many jurisdictions still allow for the open practice of desuetude ...
DWI Penalties - Virtual Drive of Texas
... controlled substance, a drug, a dangerous drug, or a combination of two or more of those substances or any other substance into the body; or... (b) Having an alcohol concentration of .08 or more [PC 49.01 (2)(A)&(B)]. Note: The DWI law is not age specific and individuals of any age may be charged wi ...
... controlled substance, a drug, a dangerous drug, or a combination of two or more of those substances or any other substance into the body; or... (b) Having an alcohol concentration of .08 or more [PC 49.01 (2)(A)&(B)]. Note: The DWI law is not age specific and individuals of any age may be charged wi ...
TORTS(2) - Ole Miss LSSB
... b. Example – trespass to land – if enter land by mistake, still liable even if thought it was your land Insanity – not a defense in negligence or intentional tort actions a. Insane people are liable for their intentional actions (same rules as negligence) b. Policy reasons? Encourage those with in ...
... b. Example – trespass to land – if enter land by mistake, still liable even if thought it was your land Insanity – not a defense in negligence or intentional tort actions a. Insane people are liable for their intentional actions (same rules as negligence) b. Policy reasons? Encourage those with in ...
Torts Outline - Blogs @ Widener Law
... a. Evidence of custom and general use is admissible because it can establish a standard by which ordinary care can be judged. Custom can prove harm was foreseeable, that D knew or should have known risks, the risk was unreasonable unless customary precautions taken. (Duncan) b. Reasonable men can re ...
... a. Evidence of custom and general use is admissible because it can establish a standard by which ordinary care can be judged. Custom can prove harm was foreseeable, that D knew or should have known risks, the risk was unreasonable unless customary precautions taken. (Duncan) b. Reasonable men can re ...
Title 17-A - Maine Legislature
... B. Intentionally, knowingly or recklessly damages or destroys property in an amount exceeding $2,000 in value, to enable any person to collect insurance proceeds for the loss caused; [2005, c. 660, §1 (AMD).] C. Intentionally, knowingly or recklessly damages, destroys or tampers with the property of ...
... B. Intentionally, knowingly or recklessly damages or destroys property in an amount exceeding $2,000 in value, to enable any person to collect insurance proceeds for the loss caused; [2005, c. 660, §1 (AMD).] C. Intentionally, knowingly or recklessly damages, destroys or tampers with the property of ...
Glossary of terms
... a probation officer for a period not less than one nor more than three years. 33. Regional Development Index (RDI) is a composite index which measures the relative development of regions by municipal/village council areas. The index ranges between 0 (most disadvantaged) to 1 (most advantaged). 34. R ...
... a probation officer for a period not less than one nor more than three years. 33. Regional Development Index (RDI) is a composite index which measures the relative development of regions by municipal/village council areas. The index ranges between 0 (most disadvantaged) to 1 (most advantaged). 34. R ...
Legal terms
... Assuming that I can reasonably anticipate the result of my act or omission, what standard of care does the law___from me? How do I know when I have breached my duty of care? To answer this question, most English law students are asked to remember the general principle of negligence provided by a jud ...
... Assuming that I can reasonably anticipate the result of my act or omission, what standard of care does the law___from me? How do I know when I have breached my duty of care? To answer this question, most English law students are asked to remember the general principle of negligence provided by a jud ...
Torts Outline - UChicago BLSA
... ii. Madden v. D.C. Transit System (NL): absent showing of specific wrongful intent, exhaust fumes fr bus cannot constitute offensive physical contact. iii. Wallace v. Rosen: consent assumed for all common and “reasonably necessary” contact in ordinary life. B. Consent a. Defense: i. Negates what wou ...
... ii. Madden v. D.C. Transit System (NL): absent showing of specific wrongful intent, exhaust fumes fr bus cannot constitute offensive physical contact. iii. Wallace v. Rosen: consent assumed for all common and “reasonably necessary” contact in ordinary life. B. Consent a. Defense: i. Negates what wou ...
- UVic LSS
... Ryan v Victoria (para 28) “Conduct is negligent if it creates an objectively unreasonable risk of harm” ...
... Ryan v Victoria (para 28) “Conduct is negligent if it creates an objectively unreasonable risk of harm” ...
I. INTENTIONAL TORTS - Intent - purposefully causing elements of
... - Typically a statute setting a standard of care creates a shortcut for establishing negligence - If a statute provides a civil remedy - apply the statute without going to trial - Regulations work like statutes and may set standard of care for a situation - violation = negligence - For a statute to ...
... - Typically a statute setting a standard of care creates a shortcut for establishing negligence - If a statute provides a civil remedy - apply the statute without going to trial - Regulations work like statutes and may set standard of care for a situation - violation = negligence - For a statute to ...
DWI and the B-Card - Minnesota House of Representatives
... information arises from a DWI arrest. More often, it stems from a traffic stop that involves alcohol but does not constitute impaired driving. Other times, the drinking is discovered by officers called to a domestic altercation or is reported by a spouse, neighbor, or other source. There does not ne ...
... information arises from a DWI arrest. More often, it stems from a traffic stop that involves alcohol but does not constitute impaired driving. Other times, the drinking is discovered by officers called to a domestic altercation or is reported by a spouse, neighbor, or other source. There does not ne ...
Glossary of Ethics T..
... assessment. Requiring investigators to divest themselves of investments that they may have made on the basis of their scientific judgment would be too burdensome, and might even suppress publication.) Dictionary definitions frequently apply the term only to conflicts between a person's private inter ...
... assessment. Requiring investigators to divest themselves of investments that they may have made on the basis of their scientific judgment would be too burdensome, and might even suppress publication.) Dictionary definitions frequently apply the term only to conflicts between a person's private inter ...
notes95
... Who is an employee? A term used by parties to describe their relationship is not definitive in nature and a court must decide as a matter of law: Narich v Commissioner of Pay-roll Tax (1983). A prominent factor in determining the nature of the relationship is the degree of control which the employer ...
... Who is an employee? A term used by parties to describe their relationship is not definitive in nature and a court must decide as a matter of law: Narich v Commissioner of Pay-roll Tax (1983). A prominent factor in determining the nature of the relationship is the degree of control which the employer ...
Word - Washington University School of Law
... 3. reality is that most patients follow advice of doctor, but this protects the idiosyntractic patient who does not have he same values as most, and this is an info forcing rule to get info to the patients who would follow docs advice with or without information. iv. Cost benefit analysis: going bey ...
... 3. reality is that most patients follow advice of doctor, but this protects the idiosyntractic patient who does not have he same values as most, and this is an info forcing rule to get info to the patients who would follow docs advice with or without information. iv. Cost benefit analysis: going bey ...
GENERAL ELEMENTS FOR TRESPASS TRESSPASS TO PERSON
... § Consent may be given expressly by words or be implied from conduct (e.g. a medical emergency). § A person is deemed to consent to a reasonable degree of physical contact as a result of social interaction (see Collins v Wilcock). • Other considerations § Intention is irrelevant. Must the act be ...
... § Consent may be given expressly by words or be implied from conduct (e.g. a medical emergency). § A person is deemed to consent to a reasonable degree of physical contact as a result of social interaction (see Collins v Wilcock). • Other considerations § Intention is irrelevant. Must the act be ...
Biometric Confirmations Throughout the Criminal Justice Process
... Low cost: Any ID Networks Livescan system can be upgraded to include FingerVerify. Automated features: Supports the use of barcode readers to quickly enter search criteria (name, TCN, Jail ID). Easy to read results: Users are presented with a green (verified) or red (no match) screen that indicates ...
... Low cost: Any ID Networks Livescan system can be upgraded to include FingerVerify. Automated features: Supports the use of barcode readers to quickly enter search criteria (name, TCN, Jail ID). Easy to read results: Users are presented with a green (verified) or red (no match) screen that indicates ...
Anns/Cooper Test
... A reasonable person does not create or proceed in the face of “unreasonable” risk. To avoid liability, a person must exercise the standard of care that would be expected of an ordinary, reasonable, and prudent person in the same circumstances (Vaughn). The measure of what is reasonable depends on th ...
... A reasonable person does not create or proceed in the face of “unreasonable” risk. To avoid liability, a person must exercise the standard of care that would be expected of an ordinary, reasonable, and prudent person in the same circumstances (Vaughn). The measure of what is reasonable depends on th ...
here
... a. Prudent Person - The standard of reasonable care applies to all negligence actions, i.e., the reasonable person must exercise care in proportion to the danger involved in his act, and that he or she must exercise such care not only for his own safety and the protection of his property but also to ...
... a. Prudent Person - The standard of reasonable care applies to all negligence actions, i.e., the reasonable person must exercise care in proportion to the danger involved in his act, and that he or she must exercise such care not only for his own safety and the protection of his property but also to ...
- UVic LSS
... o No tort just for statutory breach - Complying with statute does not mean that you are not negligent; it depends - Concernscreating a nominate tort of statutory breach is creating a strict liability scenario; if legislature wanted to do so, they would have Sask Wheat Pool Breach of statutory sta ...
... o No tort just for statutory breach - Complying with statute does not mean that you are not negligent; it depends - Concernscreating a nominate tort of statutory breach is creating a strict liability scenario; if legislature wanted to do so, they would have Sask Wheat Pool Breach of statutory sta ...
Searches Without a Warrant
... 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 se ...
... 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 se ...