S2 - Unit #2

Strict Liability, Negligence, Child Abuse, Contracts, Parents, and Children

negligence

conduct that falls below the standard established by law for protecting others against unreasonable risks of harm

Each \_______ must be proven by a preponderance of evidence to convict negligence

elements of negligence

4 Elements of Negligence

Duty, Breach of Duty, Causation, Damages

Duty (element of negligence)

the defendant or accused wrongdoer, owed a duty of care to the plantiff, or injured person

Breach of Duty (element of negligence)

the defendant's conduct breached or violated that duty

Causation (element of negligence)

the defendant's conduct caused the plantiff's harm

Damages (element of negligence)

the plantiff suffered actual injuries or losses

Tort law requires that you use \________ \____ to protect other persons from harm when they are on your property

reasonable care

Tort law does not require you to be responsible for \___________ \______

tresspassers injury

Attractive Nuisance

the reasonable form of care that must be placed upon the landowners in the situation that allows children to unknowingly wander onto property and get injured

contributory negligence

plantiff may not recover damages from the defendant if your own negligence contributed in any way to the harm

comparitive negligence

dividing the loss according to the degree to which each person is at fault

counterclaim

the defendant ends up suing the other for damages

assumption of risk

used as a defense when a person voluntarily encounters a known danger and decides to accept the risk of danger

strict liability

if someone did everything in their power to prevent harm in their action, but something still went wrong (only need to prove causation and damages)

Product Liability

the legal responsibility of manufacturers or sellers for injuries caused by defective products

strict liability (animals)

The law has traditionally held owners strictly liable for any harm caused by their untamed animals

Cause in Fact

If the harm would not have occurred without the wrongful act

Proximate Cause

there must be a close connection between the wrongful act and the harm caused

paternity suit

if a man denies being a child’s father, the mother may bring a \________, or action in court to establish his fatherhood, and force him to pay for prenatal care and child support

emancipation

children are free from the legal custody and control of their parents

family (filial) responsibility laws

require adult children to care for their elderly parents

truant/truancy

A child who misses school without justification

Medical Care

Parents have a legal duty to protect and supervise their children’s health.

Care and Supervision

Parents may decide what is best for their children as long as they do not abuse or neglect them. There are no minimum requirements for the number of hours parents must spend with their children

Family Car Doctrine

forces parents to be responsible for damages caused by any driver in the family

Child Abuse

any adult or older child inflicts or threatens to inflict intentional physical, emotional, or sexual harm on a child

Child Neglect

occurs more frequently than child abuse and involves the failure to properly feed, clothe, shelter, educate, supervise, or tend to the medical needs of a child

contract

an agreement between two or more persons to exchange something of value

breach

in terms of contract refers to someone who fails to hold up their end of the bargain

elements of a contract

an offer --\> an acceptance --\> exchange of consideration --\> legal competence

Offer (element of a contract)

a proposition directed to a specific person

Accpetance (element of a contract)

a verbal or physical agreement by either carrying out the agreement or paying

Consideration (element of a contract)

something of value is given for something else of value

Legal competence (element of a contract)

to make a contract someone may not be under the influence, mentally ill, etc

A contract involving commiting an illegal act or going against public policy is legally bound.

FALSE

Minors don't legally have to honor contracts they have agreed to.

TRUE

Cosign

an adult who also agrees to a contract and with that they take the responsibility if the minor refuses to pay

Minors may be held to a contract involving \_________.

necessities

Unconscionable

if a contract is unfairly oppressive, unfair, or harsh

Fraud

false statement or lie in order to get them to do something

Expectation Damages

expected value from breaching party vs what the injured party actually recieved

you order four video games through an online merchant and pay $120, but the company sends you only two games. Assume that the market value of the two games is $60. The expectation damages would be $60—the difference between the full value of what you were promised ($120) and the value of what you actually received ($60) in the mail. You would not have to return the games you received.

Expectation Damages (example)

Rescission (civil remedy)

cancel or rescind a contract

Restitution (civil remedy)

recieving a refund for all the money you've already paid

Specific Performance (civil remedy)

order the seller to carry out the specific terms of the agreement

if you ordered goods that were never delivered, the court could order the company to deliver the goods to you. In the case of specific performance, you would still have to pay for the goods.

Specific Performance (example)

Mitigate

"make less severe"

Duty to Mitigate

requires an injured party to take reasonable steps to mitigate damages

Martin received several offers of $100 for the used mp3 player he was selling. Gina agreed to buy the item for $150, but she later refused to follow through on the purchase. Martin would be required to mitigate his damages. In other words, if he could still sell the used mp3 player for $100, his damages for a breach of contract claim against Gina would be only $50.

Duty to Mitigate (example)

The 3 Civil Remedies

Rescission, Restitution, and Specific Performance

1st Amendment

freedom of religion, speech, press, etc

2nd Amendment

right to bear arms

3rd Amendment

no quartering of soldiers

4th Amendment

no unreasonable searches and seizures

5th Amendment

No Self-incrimination - due process of the law - fair procedures

6th Amendment

right to a lawyer, an impartial jury, and a speedy trial

7th Amendment

right to a jury trial in civil cases

8th Amendment

no cruel or unusual punishment

9th Amendment

the right to more rights than are written in the constitution

10th Amendment

powers not reserced to the federal government falls to the people and states

14th Amendment

equal protection of the laws

15th Amendment

forbids denying the right to vote based on race or color

24th Amendment

prohibits poll tax

Juvenile Waiver

allows judges to wave juveniles to adult court

Statutory Exclusion

because of the crime - juveniles are sent directly to adult court

Direct File

gives prosecutors the chance to discreetly file charges with adult court

The 3 Ways for Juveniles to be tried in Adult Court

Juvenile waiver, statutory exclusion, and direct file