English Test

Define Stare Decisis

Everything we do is based on Precedent.

Define IRAC

ISSUE RULE ANALYSIS CONCLUSION

I

Wheather X committed the crime in Question

R

Legal law that fits the facts of the case.

Analysis

Disscussion of how the rule of law applies to the facts.

Conclusion

How the court will rule based on the facts.

Mens Rea

The thought process and the mental culpability.

Actus Reus

You are carrying out the crime.

Malum in Sea means

The thought procces doesn’t matter. The action is bad in itself.

Holding means

Adjudication of the case, how the court will rule.

LH+SH=CP

Likelyhood of harm+ severity of harm=cost of protection.

LH+Sh>CP then duty is owed.

Existence of duty

that you owe some competence and protection to the person you are with.

Breach of duty

is when the defendant messes up.

Causation

More likely than not but for X’s screw up, the damage to Y would not have occured.

Your screw up multiplied the risk of Y

Injury

It is foreseeable that an inury occurred? is it clear Y sustains injuries from X’s negligence?

Torts

With civil law, no one goes to prison, not criminal. Negligence can recover finacially. Involves suing somone.

Transferred intent

intent will transfer to another victim regardless of the criminal intention.

A contract is a

promise that the law will enforce

What is negligence

someone breaches their duty and harms you physically.

what was the landmark case that determined proximate cause and defend the scope of negligence?

Palsgraf v Long island (railroad company

do you still have negligence if you do not owe a duty?

no

How do you win in torts?

Owinng a lot of money.

Does someone go to jail in torts?

No one goes to prison but does go to jail.

Can you sue multioule defendants?

yes a joint law suit

Florida is a stand your ground state. Does that mean you can set traps to protect your property?

No you cant.