Criminal Law
What are the RRIDD factors?
Retribution, rehabilitation, incapacitation, general deterrence, and specific deterrence
What are the elements of a prima facie case of negligence?
Duty, breach, causation (cause in fact), proximate cause (scope of liability), and damages.
Terms of an offer?
Must have clear, definite, and explicit terms.
Robinson v. Lindsey
P lost full use of a thumb in a snowmobile accident when she was 11 years of age. D, 13 years of age at the time, was the driver of the snowmobile. D was liable and held to adult standard
What are the omissions in criminal homicide?
The legal duty to act when: 1) When there is a special relationship between the defendant and victim, 2) When the defendant enters into a contract, 3) When there is a statutory duty, 4) When the defendant creates the risk of harm, and 5) When the defendant voluntary assumes care of the person in need or help (and secluded victim from others)
General duty principles of reasonable care
General duty principle (GDP) - a reasonable person would exercise care regarding foreseeable risks of harm and the measure of duty owed is that of a reasonable person under similar circumstances.
4 Rules of Acceptancce
Acceptance must be communicated
Acceptance must comply with the manner and method described in the other or if non in manner offer was given or at least as reliable or fast
Acceptance must be on exact same substantive terms as the offer
Acceptance must happen before the offer is revoked or lapses
People v. Knoller
Dogs attacked and killed Whipple. Court found that extreme recklessness or a conscious disregard of human life can be implied malice.
Specific intent means that there must be a criminal act + another goal and general intent means that they just committed the act
The Hand Formula: B < (P x L)
Statute of frauds
Cannot be performed within a year
Has to be signed
Terms have to be clear
Hamer v. Sideway
uncle promises nephew money if he did not drink, smoke, or gamble. Uncle dies and he still is promised the money if performed. Court finds that the promise is enforceable.
Malum prohibitum v. malum in se
Malum prohibitum means it is wrong because the law says it is wrong and malum in se is we generally see it as morally wrong.
Ways to test for causation?
Substantial factor test asks whether the D’s negligent conduct was a substantial factor in contributing to the plaintiff’s injuries.
*But for is requires P to prove that D’s negligent conduct was the but for cause of the harm
Consideration
Bargained for (motivation for the promise to be performed)
Legal detriment for promisee means giving up the legal right
Ybarra vs. Spangard
P had surgery for appendix but came out with shoulder/arm paralysis. They find that he did not have control and the doctors and nurses are at fault.
Affirmative defense for mistake of law
Reasonably relied on
An official interpretation of the law
Later determined to be erroneous
Contained in a statute or other enactment or obtained from a person or public body with responsibility for interpretation, administration, or enforcement of the law defining the offense
Proximate cause and how it is measured?
Connection between defendant's conduct and the harm. The foresight rule: was the plaintiff foreseeable?
Promissory estoppel
Promissory estoppel is that there is a promise where the promisee relies on it to their detriment and it is justified.
Martin v. State
The man was drunk at home and the officers took him out of his house where he committed the alleged acts on a highway. The judge reversed it because he was forcibly carried there by the arresting officers