JLC

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5 Terms

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Criminal Procedure

the set of rules controlling how police investiagte crimes and how a case moves through the court system ; Batson v Kentucky: 4 black jurors kicked off due to premptory strike, Boyd v US: government required the defendants to show an invoice for the goods, this was against their 4th and 5th amendment

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Death Penalty

the ulimate punishment that can be given by the justice system, only elgibile if you commit first degree murder with one aggravator, Furman v Georgia: Furman was convicted of murder and two other defendants were convicted of rape and they were all sentenced to death, this was found as cruel and unusual punishment, changed how the death penalty was imposed, Gregg v Georgia: changed how death penalty was imposed (now constitutional), brings in aggravating circumstance

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Criminal Law

a determination of guilt or criminal responsibility in a proceeding brought by the state where a punishment may be imposed. Mens rea, actus rea. Knowingly, recklessly, negligently, purposely. Lindsay Clancy: NGRI, Trayvon Martin: Zimmerman claims he acted in self defense (justification v excuse)

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Torts

civil wrongs that cause injury or harm to another person and gives that person the legal right to seek remedy. Elements of a tort: duty of care, breach of duty, causation, damages. Types of tort: intentional, negligent, strict liability. Lieback v McDonalds: hot coffee case, comparative negligence, strict product liability, punitive and compensatory damages. Garrat v Dailey: kid moving the chair and old women getting injured. Intentional tort-battery.

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litigation

using the court to solve disputes between private parties. Lieback v Mcdonalds: hot coffee case, 20% guilt so she gets -20% of damages,