Courts Chapter 3 part 2

Defenses to Criminal Liability

• Affirmative defenses:

  • The defendant has the burden of production and burden of persuasion.

  • Burden of production: duty to produce evidence.

  • Burden of persuasion: refers to which side has to prove its case.

Alibi

• Defendant asserts he or she is not the person who committed the act charged.

• Difference from other affirmative defenses: defendant claims innocence.

• Two types of alibi: justification and excuse.

Justification Defenses

• Defendant admits to offense but states that what he or she did was not criminal.

• Self-defense:

  • Claim by defendant that force is used in repose to unprovoked attack.

• Limitations and exceptions to rules of self-defense: retreat doctrine and castle doctrine.

  • Consent: victim gives consent to suffer what would otherwise be considered a legal harm.

Excuse Defenses

• Defendant admits what he or she did was wrong but under certain circumstances.

• Age: lack of mental capability to form mens rea and comprehend consequences.

• Insanity: legal term for mental illness.

• Tests: M'Naghten rule, irresistible impulse test, Durham rule, substantial capacity test.

Criminal Acts

• Crimes against the person.

• Murder: subcategory of homicide.

• Manslaughter: second category of criminal homicide.

• Felony murder: liable for unintentional killing

• Rape: carnal knowledge of a person against his or her will

• Crimes against the person.

• Assault: attempt or a threat to inflict immediate harm.

• Robbery: taking of property from another person, by force or threat of force.

• Crimes against property.

• Burglary: crime committed against the home.

• Larceny/theft: unthankful taking and carrying away of another's personal property.

• Crimes against public order and morality.
  Disorderly conduct: public drunkenness, vagrancy, playing loud music, and fighting.

• Unlawful assembly: disorderly conduct in a group setting.

• Public morals offenses involving acts committed by consenting adults.

Civil Law

• Civil cases between the plaintiff and the defendant.

• Plaintiff: person alleging that the defendant has harmed him or her.

• Defendant: the person being sued.

• Quasi-criminal penalties against civil defendant.

• Punitive damages: monetary awards beyond compensation.

• Involuntary commitment: Use of legal means to commit someone to mental institution against their will.

Tort Law

• Associated with harm caused to plaintiffs by action or inaction of defendants.

• Help the injured party by the awarding of money damages.

• Res judicata: civil law analogy of prohibition against double jeopardy

• Tort categories:

  • Intentional torts, negligence and ordinary care, and strict liability torts.

• Causation: show tortfeasor's actions were the cause of victim's injuries.

  • Types: actual cause and proximate cause.

• Defenses to liability.

  • Contributory negligence and comparative negligence.

• Defenses to torts include consent and immunity.

  • Relaxation of sovereign immunity.

Property Law

• protects owners of property from harm to or loss of their property

  • Real property: lands and items permanently attached to the land.

• Interests in real property.

  • Tenancy in common: multiple parties share an equal share of a piece of real property.

• Easement: right to use another's real property for a limited purpose and time.

• Adverse possession: gaining title to another's land by simply using it.

• Nuisance doctrine: usage of property without adverse effect on other property owners.

• Interests in personal property.

  • Personal property: any tangible item not connected to the land.

  • Bailment: transfer of possession but not ownership

Contract Law

• Law governing the conduct of business.

• Uniform Commercial Code: standardize trade and contract practices.

• Elements of a valid contract.

• Notion of good faith: another concept crucial to study of contract law.

Family Law

• Focus of family law: creation of and dissolution of marriages.

• Who may marry whom?

  • Legal contract with rights and responsibilities for both parties.

• Common-law marriage: legally binding marriage despite absence of documents.

• Divorce and annulment.

• No-fault divorce: no assumption of fault for either partner for marital breakup.

• Annulment: legal declaration that a marriage never existed.

• Dividing property, child custody, and spousal support