CRIMINAL LAW
Common law robbery is larceny, plus a taking from the person or presence of the victim, plus this additional element.
What is force or threat of immediate force?
Under Georgia's own insanity framework, this defense (separate from M'Naghten) applies when a defendant acted under a delusion that, if true, would have justified the act
What is delusional compulsion?
This tort requires a valid existing contract, the defendant's knowledge of it, intentional inducement of a breach, actual breach, and damages.
What is tortious interference with contract?
This UCC provision allows a contract's quantity term to be defined by whatever the seller actually produces, or whatever the buyer actually needs, subject to a good-faith limitation.
What is an output or requirements contract?
Before a tenant can withhold rent for a habitability defect, they must show the defect is material, that the landlord had notice, and that the landlord failed to do this within a reasonable time.
What is repair the defect?
This inchoate crime requires specific intent to commit a target crime plus a substantial step beyond mere preparation, and merges into the completed offense.
What is attempt?
This is the child support calculation method Georgia uses, based on both parents' combined adjusted gross income.
What is the Income Shares Model?
This intentional tort requires intentional confinement within fixed boundaries, without lawful justification, that the victim is aware of or harmed by.
What is false imprisonment?
This writ compels a government official to perform a purely ministerial duty they've refused to do, but does NOT reach discretionary decisions.
What is a writ of mandamus?
This doctrine holds that navigable waters and the land beneath them are held by the state FOR the public, limiting even a private riparian owner's rights.
What is the public trust doctrine?
Under the majority/common-law rule, this crime does NOT merge with the completed target offense, unlike attempt.
What is conspiracy
What are the six common-law elements of burglary?
(i) Breaking and;
(ii) Entering;
(iii) Of the dwelling;
(iv) Of another;
(v) At nighttime;
(vi) With the specific intent to commit a felony therein.
This defense to trespass allows a person to interfere with another's property to save their own, but requires them to pay for any actual damage caused.
What is private necessity?
This amendment doctrine lets a claim filed after the statute of limitations has run still proceed, by treating it as if filed on the original complaint's date, so long as it arises from the same conduct, transaction, or occurrence.
What is relation back?
This is a complete defense to defamation.
What is truth?
This type of impossibility is a complete defense to attempt, because even if completed, the intended act wouldn't actually be a crime.
What is legal impossibility?
This should be granted if the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
What is summary judgment?
These are the elements of defamation.
What is: False statement of fact, "of and concerning" the plaintiff, published (communicated to a third party), causing damage to reputation?
Under this water rights doctrine, the one Georgia follows, each riparian owner may make reasonable use of adjoining water, balanced against harm to other owners.
What is the reasonable use rule?
To become this, a holder must take an instrument for value, in good faith, and without notice of any defects, defenses, or dishonor.
What is a holder in due course?
What are the four elements of common-law arson?
(i) Malicious;
(ii) Burning;
(iii) Of the dwelling;
(iv) Of another.
This is the intentional concealment or suppression of a material fact that a party has a duty to disclose, done with the intent to deceive another party who is unaware of the fact and would act differently if they knew it.
What is fraudulent concealment?
This tort is defined as: intentional intrusion upon the plaintiff's private affairs that would be highly offensive to a reasonable person. There is no publication requirement.
What is intrusion upon seclusion?
For a public nuisance claim, a private plaintiff needs to show this kind of damage, different from what the general public suffered, not just a greater degree of it.
What is special damage different in kind?
These defenses, like forgery, fraud in the factum, and infancy, survive even against a holder in due course.
What are real defenses?