GBU 204 Exam 2

  1. Case: Conflicting agreements in employment contract; unjust discharge from fight
    Wigginton v Trailmobile
  2. Case: 7-11 Franchise; Federal power under Commerce Clause pre-empts state law.
    Southland Corp v Keating
  3. 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.
  4. 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).
  5. 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
  6. actus non facit reum nisi mens sit rea
    the act does not make a person guilty unless the mind is also guilty.
  7. Actus Reas
    Guilty Act
  8. Mens Rea
    Guilty Mind
  9. Death or one plus years in the penitentiary; Large fines; Example: Murder, Criminal Fraud
  10. Up to a year in jail; small fines; Ex: Assault or disorderly conduct
  11. Up to six months in jail; smaller fines; Ex: Bldg Code violation
    Petty Crime
  12. Probable Cause for arrest without a warrant requires...
    A Reasonable Inference; From Available Facts and Circumstances; That the Defendant committed the crime
  13. Case: Confession obtained with no Miranda warning, Miranda is then read and confession; Neither confession is admissable.
    Missouri v Seibert
  14. Case: No Miranda warning required if you are not “in custody”
    Yarborough v Alvarado
  15. 4 affirmative defenses...
    Entrapment; Insanity Defense; Duress Defense; Mistake of Fact Defense
  16. Policy decision; don’t encourage crime; Can’t induce the innocent to commit a crime; Must
    show some predisposition
  17. mens rea impossible; At time of the crime; Couldn’t understand the nature of the act.
    Insanity Defense
  18. artificial mens rea
    Duress Defense
  19. vitiates criminal intent
    Mistake of Fact defense
  20. True/False: Mistake of law is a defense.
  21. 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
  22. 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
  23. 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).
  24. The wrongful conversion of the property of another by one who is lawfully in possession of that property.
  25. 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.
  26. Respondent Superior
    Let the master answer
  27. Who has implied authority in Penthouse v Barnes?
    Dunas (photographer)
  28. Who is apparent authority always determined by?
    3rd party observer
  29. A legal bar to either alleging or denying a fact because of one's own previous words or actions to the contrary.
  30. 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
  31. Case: the durability of a durable general power of attorney.
    Gaddy v Douglas
Card Set
GBU 204 Exam 2
exam 2