Structure of Federal Government
Articles
Article 1
Article 2
Article 3
1st Amendment
Freedom of speech, religion and press
A. Who can veto legislation?
B. Who can impeach the President?
A. the President
B. Congress
Diff between Grand and Petit larceny
Grand - larceny of item(s) > $400
Petit - larceny of item(s) < $400
Res Ispa Loquitur
rare
"the thing speaks for itself"
the court makes defendant (not plaintiff) prove causation (defendant has burn of proof)
used when the 'thing' that happened is clearly a result of the defendant's negligence
Article 1
Legislative branch
"Makes the Law"
US Senate - 2 senators each state (100 total)
describes process of passing law (must be signed by parties and president)
2nd Amendment
Freedom to keep and bear arms
well regulated militia
8th Amendment
Prohibition against excessive bail
Prohibition against cruel and unusual punishment
Diff between Larceny and Embezzlement
Larceny - unlawful taking of property from a business/other person
Embezzlement - when someone in a position of trust steals/misuses assets/funds entrusted to them (elaine)
What are 'special duties'
who has them
give 1 example
Think bout landlords, licensees, landowners and invitees (they have most protection)
avg individual has the normal duty to act reasonably under the circumstances
Doctors, lawyers, architects, accountants, etc
Example - a doctor cannot claim to have the same duty to cure a sick person that a non-doctor would
Article 2
Executive Branch "Enforces the Law"
Vests power (given) with President and vice
President can nominate members of Supreme Court
4th Amendment
prohibits illegal search and seizures without warrent
Warrants must be based on probable cause
Warrant must particularly describe persons and property to be searched
How many senators does each state have on the Senate
How many total on Senate?
2
100
What is Fraud
Deception
-the use of some type of deception in order to obtain money/property from the person deceived
What is Breach of Duty
once duty is established, the court determines if the conduct (or failure to act) of the defendant BREACHED the duty or not
Example: when a person/organization fails to meed their obligations to others (like employees, customers or shareholders)
Article 3
Judicial Branch "Interprets the Law"
Vests (given) all Judicial Power in 1 Supreme Court
Establishes original jurisdiction and addresses types of cases
5th Amendment
Indictments by Grand Jury
prohibition of Double Jeopardy
Prohibition against self-discrimination
Due process clause (life property/liberty)
Prohibition against government taking without just compensation
A. Who can void laws passed by Congress?
B. Who appoints Judges to _______ Court(s) (and who does it need to be approved by)
A. The U.S. Supreme Court
B. the President appoints judges to the U.S. Supreme Court (must be approved by the Senate)
Negligent Act vs. Intentional Tort
Negligent Act - usually accidental/unintentional (not on purpose)
Intentional tort - intentional/deliberate acts of a person (on purpose)
A. What is breach of duty?
B. Actual Damages
A. the defendant must breach (or violate) that duty (usually a breach = acting irresponsibly or to ignore the duty)
B. Plaintiff must have actually been hurt (actually hurt)
The US Constitution
A. Establishes the structure of a Federal Government
B. Establishes the functions of that government
C. The Bill of Rights and amendments establish rights of the citizenry
10th Amendment
Rights not granted to government are retained by the people
A. Who can override the Supreme Court and how
B. Who can influence the Supreme Court and how?
A. Congress (+ all 50 states) can override the Supreme Court by amending the Constitution
B. the President + Congress can influence the Supreme Court by controlling who is placed on the Court
The law creates the duty and the defendant violates it Example - a liquor store sells liquor to a 19-year-old and the kid dies.
is the liquor store liable for the death?
Yes
A. Factual Cause
B. Proximate Cause
A. defendant's conduct/actions actually caused the accident
B. foreseeable that conduct similar to the defendants would/could cause harm to plaintiff