"of the mind" how we measure culpability
What is mens rea?
The plaintiff has the what to show the court that they suffered damages in a tort case
Who has the burden of proof?
1. Issue
2. Rule
3. Application/Analysis
4. Conclusion
What is an IRAC?
Old fashioned word for personal property, not fixed to the ground
What is Chattel?
Wednesday's at Noon
When are Olivia's Office Hours?
Attach the property at the outset
What is In Rem?
Most common form of damages, gives injury and/or harm value
What are Compensatory Damages?
1. Act/conduct or omission
2. Result
3. Attendant Circumstances
What is actus reus?
A person who acts in good faith is not liable
What is a "good samaritan"?
Monday's at Noon
When are Claire's Office Hours?
The principle that the occurrence of an accident implies negligence.
What is Res Ipsa Loquitur
Damages imposed in order to punish for intentional wrongs (statutes usually provide these)
What are Punitive Damages?
2. Amount in controversy is greater than $75,000
What is diversity in SMJ?
A person is guilty of this crime if they unjustifiably and inexcusably take the life of another human being purposely knowingly, recklessly or negligently.
What is criminal homicide under the MPC?
Environmental Law Caucus
Preclusion from relitigating an issue that has already been decided.
What is Res Judicata?
Recognizing a right but have no real damages
What are Nominal Damages?
What is battery?
In Latin in means "let the master answer"; from the Erie Doctrine stating that a party is responsible for, or has vicarious liability for, the acts of their agents.
What is Respondeat Superior?
Claire is the Communications Chair of this club
What is Street Law?
A court can take an action in a case without a request from either party
What is Sua Sponte?
General damages consisting of intangible things like pain and suffering
What are non-economic damages?
1. Adultery
2. Assault and Battery
3. Mutual Combat
4. Illegal Arrest
5. Injury to relative or close third party
What is adequate provication?
In torts, an abandonment of employer's business while in pursuit of employee's own personal business
What is a frolic?
Ollie
What is Professor Berger's dog's name?