ALSO Not doing something can also be a crime Ex not filing taxes People that

Also not doing something can also be a crime ex not

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ALSO: Not doing something can also be a crime (Ex. not filing taxes) People that can’t be tried in criminal court Infancy (EX. Some kind of law that says like kids under BLANK can not be tried as adults. Maybe someone between 10-15 could be tried as an adult depending. 16^ can) Insanity (Some kind of emotional/psychological disorder that doesn’t allow someone to act in a rational manner) Intoxication (Is it voluntary or involuntary? To what extent?) (NOTE: Even if people are handing you shots and you decide to get behind the wheel, you still have a guilty mind. The intoxication defense only works if you become intoxicated by no means of your own and stop being able to function and do something stupid. Very rare for someone to get to use this defense.) Mistakes: Mistakes of Law (Only a defense to criminal intent if NO ONE knows what the law is, general public) NOTE: Ignorance of the law is not an excuse to not follow it. Mistakes of Fact : Possibly much more useful as a defense. (EX. Thinking you pick up your phone from a party and taking it home. You thought it was yours but it was actually someone else's. Technically a crime.) Entrapment : Not just about the police running a state operation. You can not simply stop entrapment from happening by asking if they are a police officer. Entrapment EX: A man coming by the class saying he’s selling drugs, and people are like yaas. Immunity : A defense that isn’t really like the rest of them. The law protects people that engage in the immunity program. The gov. has a legal whistleblower immunity program. EX: Even if you are participating in the wrongful activities of a company and you come rat your friends out, you will not get in trouble. Chapter 7 List of Crimes - Be familiar with all of these terms. Moving out of criminal liability to civil liability.. Respondeat Superior : Latin legal term that means an employer is liable for an acts of an employee that occur within the scope of his/her employment. Tort : A wrongful act of infringement of a right that subjects the violator to civil/legal liability. Torts cover a variety of criminal activity, from medical malpractice to harm related to an assault. Negligence : The heart and soul of tort law. Neglecting an interest or duty through carelessness This Prima Facie Case has 4 Requirements1.Defendant owed the plaintiff a duty of care 1.Is it reasonably foreseeable that somebody could be harmed?
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b. Defendant in fact breached that duty of care c. Defendants breach of that duty of care proximately caused the plaintiff’s injuries d. The defendants acts indeed did harm the plaintiff. The “Reasonable Person” Standard: Would a reasonable person agree that the standard has been breached? EX: McDonald’s along with every place that serves coffee as hot as they do not having a warning on the cup.
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