BLS 342 Exam 2

• Legislative
• Executive
• Judicial

created administrative agencies through delegation of authority

• Fraud
• Agency abused their discretion
• There was bad faith
• Intentional wrong doing
• No substantial evidence ot support decision
• Decision based on malice, bribery, prejudice
• Decision was arbitrary and capricious
• Unreasonable
• Unconstitutional

Can attack the enabling act (too broad, too vague)

Can attack the regulations

Act (Actus Reas)

Intent (Mens Rea)

• Specific intent
• General intent
• Gross negligence
• Ordinary negligence
• None

• Drug offenses
• Traffic offenses
• Nuisance

• Conspiracy
• Attempted crimes

Killing of a living human being

• Justifiable Homicide
• Excusable Homicide

In performance of a legal duty

(police officer, executioner, etc.)

• By accident (not negligence)
• Self-Defense
• Killer Lacks Capacity

• a person is unable to understand the nature and consequences of his/her actions
• Person is unable to distinguish right + wrong
• Mental Disease (reason for being unable to do a+b)

• McNaughton Test
• Irresistable impulse test
• Durham Test
• Model Penal code

• Murder
• Voluntary Manslaughter
• Involuntary Manslaughter
• Negligent Homicide

• intent to kill or cause great bodily harm
•    (general intent)
• willful act tending to cause great bodily harm
• felony murder

• Intentional but under sudden adequate provocation
• Was not planned

• Gross Negligence
• e.g. drag racing

driving 10 miles over the speed limit and killing someone

Entering occupied structure

Entering unoccupied structure

Doing them at the same time

e.g. sentenced to 5 and 3 year sentence, only stay in jail 5 years

Complete one sentence then do the next

e.g. sentenced to 5 and 3 year sentences, stay in jail for 8 years

• Intentional
• Negligence
• Strict Liability

• Assault
• Battery
• Trespass
• Nuisance

• To the person
• To property
• To economic relations
• Other intentional torts

• Intentional infliction of mental/emotional distress
• Fraud + Deceit
• Invasion of Privacy
• Malicious prosecution
• Abuse of process

• Assault
• Battery
• False imprisonment

Intentionally placing someone in fear or apprehension of immediate physical harm

• Intentional touching that results in injury
• (poisoning, bullet, etc.)

intentionally detaining someone against their will

• Trespass to land
• Conversion
• Trespass to personal property (chattels)
• Waste

• Unpermitted intrusion onto someone's land
• does not require intent, only voluntary action

• Intentionally depriving someone of their personal property
• If you sue for this you can only sue for legal remedy (Damages= money)

• Land
• Building
• Fixtures

• Can be tangible like a chair
• Gasses + Liquids
• intangible like copyrights, patents, checks, stocks

• beyond a reasonable doubt
• ~95%

fine, imprisonment, death

• Preponderance of the evidence
• 50%

legal remedy (damages)

• Clear and Convincing evidence
• ~75%

• Equitable remedies (extraordinary)
• Injunction-stop someone from doing something
•   permanent, preliminary, restraining order

• Recission
• Reformation
• Specific Performance
• Mandamus
•   makes them do something

Taking and carrying away of personal property of another with the intent to steal it

easement: right of way

• gives value
• in good faith
• without notive

Intentional injury to someone's future interest in the property

• Disparagement
• Unfair competition
• interference

• harming quality of someone's product
• Questioning their ownership

using trade secrets unfairly

interfering with someone's business

e.g. putting snakes in their store

killing someone's child in their presence

Child killed by drunk driver in your presence

fall asleep at the wheel and kill someone

• Misrepresentation
• of a material fact
• knowledge or reckless indifference to the truth
• reliance (normal person would believe it)
• injury

peeping tom, binoculars, someone using your picture to sell something without your consent

intentional abuse of the criminal justice system

abuse of civil justice system

• Lack of Intent (not for trespasing and mental/emotional distress)
• Consent
• Privilege

• Express: oral or written
• Implied: based on conduct (in sports you are bound to have intentional touching AKA battery)

• Duty of Care
• Breach of Duty
• Proximate Cause (when something causes the injury)
• Substantial Injury

• Intervening
• Unforseeable
• Independant

• Contributory Negligence
• Comparative Negligence
• Assumption of the risk
• Unavoidable accident
• Doctrine of last clear chance

Both parties are at fault so the plaintiff gets nothing

• Juries assign percentages of the fault
• In OH if plaintiff is more at fault than defendant he gets nothing
• In other states once they are both equally at fault the plaintiff gets nothing

The plaintiff knew of the specific danger

You couldn't have avoided it so you are not at fault

• plaintiff's defense to defendant's defense
• the person who had the last clear chance to avoid injury is liable
• in states with contributory negligence

• Negligence- burden of proof lies with P
• Res Ipsa Loquitor- thing speaks for itself
• Negligence Per Se- jury can't possibly conclude anything other than that the defendant is negligent

• Animals
• Extrahazardous activities or things
• Common Carries and Innkeepers
• Warrantees with Goods (product liability)
• Vicarious Liability
• Dram Shop Acts
• Defamation (almost always intentional tort)

attractive nuisance-something on your property that is likely to attract small children, if they get hurt you are liable

• Tangible personal property
• good is defective
• which originated with the manufacturer
• and the defect caused the injury

• Respondeat Superior-resonpsible for employees
• principal responsible for agent as long as agent was acting within the scope of authority
• Not liable if they were exceeded their authority

• A bartender is supposed to cut off someone who is really drunk, if they don't and that person hurts someone they are liable too
• Also applies to private parties

• false or creates false impression
• published
• injury to reputation
• Defense is consent and privilege

Assumption of the risk

e.g. use product you know is defective; sneak into blasting zone and get hurt