Juri210 Final

grand juries

23 people, juries decide if there is enough evidence to bring a case to trial, only in criminal court

probation

alternative to being put in prison, you're free but you must report to a probation officer

parole

post jail, decided if you can go on parole by a parole board

tort

a type of wrong minus breach of contract

three types of torts

intentional, negligence, strict liability

examples of intentional torts

assault, battery, conversion, defamation, false imprisonment, trespassing, intentional infliction of emotional distress, wrongful death, intrusion of privacy

assault

the threat of impermissible touching

battery

unlawful touching of another person without consent

how much something has to be proved in civil court vs criminal court

civil court - more likely than not (51%)

criminal court - beyond a reasonable doubt (99%)

conversion

converting something that is not yours to become yours without permission

defamation

slander or libel, harming someones reputation

False Imprisonment

preventing the free movement of another person

trespass to land

wrongful entry on the land of another

trespass to chattel

wrongful touching to another persons property

Intentional Infliction of Emotional Distress

something like pointing a gun to someone, look at what the tort was to see if there was emotional damage

wrongful death

when you try and benefit from the estate of a dead person

invasion of privacy

intrusions upon solitude, for example a peeping tom

public disclosure of private information

think like filming someone in their house and then posting it online

false light publicity

takes facts but then puts the facts in false lights

appropriation of name or likeness

when you take someones name and use it for something without their permission

negligence

careless neglect, often resulting in injury

elements of negligence (4)

duty of care, breach of duty, causation, damages

culpability (negligence)

your degree of fault

recklessness

between negligence and intentional; when you know you're increasing risk but you do not have the intention of hurting other people

types of defenses

self defense, assumption of the risk, contributory negligence, comparative negligence, immunity, legality, no duty to rescue

insurable interest

one profits more from having it than not

moral hazard

providing insurance can create incentive to cause loss

insurance coverage

insurance company pays out to insured assuming it is a covered loss

insurance exclusions

certain activities are not covered

insurance disclosure

telling insurance companies what the state of the good is

Contra Proferentem

Against the party who proffers or puts forward a thing

occurance policy

covers at time of accident regardless if policy is active or not

claim made policy

can only get coverage if you made the claim while contract is valid

types of auto insurance coverage

liability, personal injury protection, collision, comprehensive, uninsured, under insured

personal injury protection (auto insurance)

other people in your vehicle

collision (auto insurance)

covers when you hit something

comprehensive (auto insurance)

covers things like stolen cars, hitting deer, someone vandalizing your car

uninsured (auto insurance)

your insurance company pays for your medical bills if someone without insurance hits you

duties of insurance companies

duty to provide defense, duty to pay valid claims, "bad faith" denial claims

Palsgraf v. Long Island Railroad

Background: Man tried to board train with fireworks, RR attendants attempted to help him onto trail, but the package was dropped and the fireworks exploded, causing Palsgraf to be injured. Palsgraf sued RR for negligence

I: Foreseeability, negligence

R: Must suggest causation - foreseeability

A: RR hadn't been negligent toward her because her injury was not forseeable

C: Palsgraf's complaint was dismissed

Greenman v. Yuba Power Products

A manufacturer is strictly liable in tort if he (1) places an article on the market, (2) knows that it is going to be used without inspection, and (3) the article has a defect which causes injury

Hawkins v. McGee (HAIRY HAND CASE)

Rule/Holding: When one party breaches a contract, the non-breaching party may recover damages based on the difference between the value of the contract as fully performed and the actual value of the non-breaching party's present condition, plus any incidental damages reasonably foreseeable to all parties at the time of contract formation.

Lucas v. SC Coastal Council

Lucas bought property to build a residential community

govt outlawed development on the property (conservation)

Taking- law make lucas property worthless

- State's interest in regulation was irrelevant since Lucas was deprived of all economic use of land

Solem v. Helm

The Eighth Amendment's prohibition on cruel and unusual punishments prohibits not only barbaric punishments, but also sentences that are disproportionate to the crime.

Carpenter v. United States

Cell-site location may not be used in court without a warrant.

Land/real (property law)

land and permanent constructions

chattel (property law)

personal, you can move it

tangibility

the degree of perceivable, physical essence of a product. real property is all considered to be unique because land is all different unlike personal property

fungible

interchangeable

what does it mean to own something

fee simple absolute, life estate, defesible

Fee Simple Absolute

to A and his/her heirs

life estate

to A for life

condition subsequent

to A, upon the condition that

determinable

to A so long as

rights that come with ownership

possession, exclusion, alienability/transfer

possession

its yours

exclusion

you can decide who uses it

alienability/transfer

you can give it away or sell it

restrictions in property law

zoning and covenants

Adverse Possession

A person takes possession & use of a property belonging to another. Possession must be open, notorious, hostile & uninterrupted for a certain period of time.

Easements

the right to use land for a specific and limited purpose

Non-possessory Estate, affirmative and negative

right to use land owned by another

affirmative - rights to use anothers land

negative - right to prevent use on anothers land

Dominant Tenement

A property that includes in its ownership the appurtenant right to use an easement over another person's property for a specific purpose.

Servient Tenement

Land on which an easement exists in favor of an adjacent property (called dominant estate); also called a servient estate.

easement in gross

things that cross multiple land borders in order to work (powerlines, railroads)

tenant

A person who rents the property

landlord

the person who owns the property that you rent

period tendancy (property law)

automatic renewal unless notice to terminate is given

tenancy at will

no fixed period, continues until give notice

Tenancy at Sufferance

tenant inhabits after term expires

eviction/constructive eviction

constructive eviction is getting you to evict you by not fixing things, its indirect eviction

Public Nuisance

unreasonable interference with rights general public shares in common

Private Nuisance

Interferes with someone's use and enjoyment of their land (i.e. loud neighbor)

remedy

usually money damages injunctive relief

performance (contract law)

doing whatever is promised

consideration (contract law)

a promise/performance given in exchange for a promise/performance, no gift enforcement

areas of inquiry in contract law

formation, execution, enforcement

reliance (contract law)

if one relies on a promise, it's enforceable

true or false: gifts are not contracts

true

expectation interest

giving plaintiff the benefit of the bargain; putting plaintiff in position as if the contract has been performed as agreed

reliance interest

reimbursement for loss caused by reliance on contract, puts plaintiff in status quoante

restoration interest

return of any benefit given to breaching party

status quoante

state of something before a contract was written up

elements of contracts

offer, acceptance, consideration

offer (contract law)

reasonable manifestation of the willingness to enter into a bargain, made in the way that a reasonable person would understand that agreeement

Acceptance of a contract

an agreement to the exact details of an offer

consideration (contract)

The payment to be made in exchange for the promise(s) contained in the contract

what makes a contract need to be put in writing

real estate sales, contracts over $500 in value, terms will take longer than one year to perform, promises to pay off debt, promises to marry

Heart Balm Laws

man may recover ring if woman dissolves relationship but not if he does

ABA

american bar association