Making a Case
When you slip, fall, and sue for it, you become this party in a court case.
What is the "plaintiff"?
"you made me do it" - when an undercover agent coerces a defendant to commit a crime
What is entrapment?
a defendant's actions have harmed a plaintiff, regardless of intention, particularly when they've been up to some dangerous activities
What is strict liability?
Once these fifth amendment protections are invoked, an officer must stop questioning their suspect
What are Miranda rights?
When looking to cite something in a legal brief, you would turn to this guidebook.
What is "the bluebook"?
The standard of proof for a judge at a preliminary hearing
Off my lawn! A common-law term for the civil action you would file to get rid of a continuing trespass.
What is an ejection?
These types of actors cannot invade a citizen's Constitutional Rights.
What are private actors?
Short and sweet, a case brief contains these four elements.
What are the facts, the issue, the holding, and the reasoning?
( DAILY DOUBLE !!)
This legal standard must be met to prove proximate causation.
What is reasonable foreseeability?
A defendant is still on the hook for major injuries caused by minor assault for this kind of victim
What is an "eggshell plaintiff?"
A fourteenth amendment requirement that legal matters be resolved according to established rules and principles and that individuals be treated fairly
What is due process?
Not-quite-a-majority -- this type of opinion results when most judges agree on the outcome, but not the reasoning for that outcome.
What is a "plurality"?
While an adult is charged with a crime, this parallel term invokes a claim of a minor's illegal behavior
What is being petitioned with a delinquent act?
A defendant charged with negligence whose wagon runs over and kills a donkey that the owner had previously tied up to graze is an instance of this legal doctrine
What is Last Clear Chance?
The kind of questioning during which a reasonable person would consider themselves not free to leave
What is a custodial interrogation?
According to Hands formula, a test determining the liability for negligence, weighs these factors
What is the burden of adequate precautions vs. probability of injury x injury? (B > P*L)
These four elements compose the necessary elements of a crime
What are,
1. Illegality
2. Actus Reus
3. Mens Rea
4. Causality
These three elements are required for a contract to be formed and enforceable
What is
1. Mutual (capacitated) assent
2. Offer and acceptance
3. Adequate consideration ?
Although you might be able to sue government actors for violating your rights, this doctrine makes it difficult to actually get any money from it.
What is "qualified immunity"?