Case: Conflicting agreements in employment contract; unjust discharge from fight
Wigginton v Trailmobile
Case: 7-11 Franchise; Federal power under Commerce Clause pre-empts state law.
Southland Corp v Keating
Duties are created by the civil law; Performance of the duty is enforced by the injured party suing the other party; Violating the duty results in the payment of money damages.
Torts
The parties to the contract create duties to each other; Performance of the obligor’s duty is enforced by the obligee suing the other party; Violating the duty results in an order for specific performance (equity) or in the payment of money damages (law).
Contracts
The statutory law prohibits certain conduct. Those who violate the law are prosecuted and punished (prison and/or payment of fines) by the government.
Criminal Law
actus non facit reum nisi mens sit rea
the act does not make a person guilty unless the mind is also guilty.
Actus Reas
Guilty Act
Mens Rea
Guilty Mind
Death or one plus years in the penitentiary; Large fines; Example: Murder, Criminal Fraud
Felony
Up to a year in jail; small fines; Ex: Assault or disorderly conduct
Misdemeanor
Up to six months in jail; smaller fines; Ex: Bldg Code violation
Petty Crime
Probable Cause for arrest without a warrant requires...
A Reasonable Inference; From Available Facts and Circumstances; That the Defendant committed the crime
Case: Confession obtained with no Miranda warning, Miranda is then read and confession; Neither confession is admissable.
Missouri v Seibert
Case: No Miranda warning required if you are not “in custody”
Yarborough v Alvarado
4 affirmative defenses...
Entrapment; Insanity Defense; Duress Defense; Mistake of Fact Defense
Policy decision; don’t encourage crime; Can’t induce the innocent to commit a crime; Must
show some predisposition
Entrapment
mens rea impossible; At time of the crime; Couldn’t understand the nature of the act.
Insanity Defense
artificial mens rea
Duress Defense
vitiates criminal intent
Mistake of Fact defense
True/False: Mistake of law is a defense.
FALSE
Case: hold the president of a corporation liable as the corporate representative for the acts of lower level employees; warehouse contaminated by rats.
US v Park
Case: Mens Rea for fraud requires (1) proof that Def made material, false representations or promises and (2) proof that Def anticipated and intended the victim’s reliance
US v Gray
A fiduciary relationship between two personsin which one (the agent) acts on behalf of, and is subject to the control of, the other (the principal).
Agency
The wrongful conversion of the property of another by one who is lawfully in possession of that property.
Embezzlement
The secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession.
Larceny
Respondent Superior
Let the master answer
Who has implied authority in Penthouse v Barnes?
Dunas (photographer)
Who is apparent authority always determined by?
3rd party observer
A legal bar to either alleging or denying a fact because of one's own previous words or actions to the contrary.
Estoppel
The legal principle that makes two or more people liable for a judgement, either as individuals or in any proportional combination. Under this principle, a person who is partially responsible for a tort can end up being completely liable for damages.
Joint/Several Liability
Case: the durability of a durable general power of attorney.
