Types of defenses
True or false
A successful diminished capacity defense generally does not result in an acquittal (not guilty verdict).
True
identify that type of crime :
It was done willingly and with intention to harm (willful , premeditated )
1st degree murder
What's tort law
law that addresses wrongful acts that cause harm to a person's body, property, or reputation. It allows injured parties to seek compensation (damages)
How many people make up a jury?
12
What factors does the court not rely on to determine legal custody?
Paternal / maternal presumption
Cohabitation
Careers
Genders( gay and lesbian ,...)
What type of defense should a lawyer use if their client commits an act while unconscious (stroke, heart attack,sleepwalking...)?
Automatism
A points a toy gun at B, but B thinks it’s real. Is this assault?
yes
Someone is spreading false rumors that you have committed a crime, thereby damaging your professional reputation. What right is this person violating, and on what grounds can you sue them?
Right Violated: Right to reputation.(humiliation, shame, privacy +...) Right to employment/Economic Interests
What to sue for: Defamation , Damage to professional standing and career opportunities.
true or false
A disability which the court cannot accomodate can prevents you from serving (in jury )
true
cite some marital property
at least 5
houses and land , boats , cars , art
cash , stocks , bonds
pensions , retirements funds
When should insanity be used as a defense?
When the person is not in the right state of mind
Give some examples of comtempt of court ?
1) Direspecful towars judges
2) act in a way that opposes or defies authority , justice , and dignity of court .
What is the main goal of tort law?
To compensate victims for harm caused by others, usually through monetary damages.
which admendment guarantees an impartial jury in criminal trials ?
6th
What family & domestics issues are addressed by family law?
cite at least 5
Marriage , civil union , domestic parterniships
Domestic violence and abuse , divorce , annulment ,custody , child support
Yes or No
Can a defendant claim self-defense if they were the initial aggressor but the victim escalated the force disproportionately?
No
How is embezzlement different from money laundering ?
Embezzlement is :
The fraudulent taking misuse of fund or property by someone who has been entrusted with them
While money laundering is :
the process of illegally concealing the origin of money , obtained from illicit activies such as drug traficcking , corruption , embezzlement or gambling by converting it into legitimate source
A car owner lends their car to a person they know is a bad driver, but the driver crashes while sober. Is the owner liable?
yes
What are the basic qualifications to be a juror? (US citizen, resident, over 18, not convicted of a felony)
(US citizen, resident, over 18)
What is the difference between legal and physical custody?
Legal custody
Refers to a parent’s authority to make major decision on behalf on the child .
Physical custody
Refers to a parents’s right to have a child reside with him or her and the obligation of the parent to provide .
What are the key elements of the "Entrapment" defense, and why is it notoriously difficult to prove?
The government encouraged this action (coercion or persuasion) and the defendant's lack of predisposition ; it is difficult to prove because it requires proof that the defendant was not already predisposed to commit the crime and the burden of proof rests with the defendant.
How does burglary differ from arson?
Burglary : The unlawful entry into a structure with intent of commit a crime inside
While
Arson :
The criminal act of delibarately setting fire to property or charring property .
A customer at a grocery store walks down the aisle, slips on a spilled jar of spaghetti sauce, and breaks their wrist. The sauce had been on the floor for over an hour, but no store employee had cleaned it up or placed a warning sign.
why? or why not
Yes. The store breached its duty of care to customers to keep the premises safe. Because the sauce was there for an extended period, the store had "constructive notice" of the hazard and failed to act reasonably.
What happens if someone ignore a jury summons?
(Possible fines, contempt of court, or a warrant for appearance).
What does "best interests of the child" mean? refer to
A legal standard used by courts in custody cases to determine the most favorable living arrangement, focusing on the child's health, safety, happiness, and overall well-being rather than the parents' desires