are acting within the scope of their employment at the time of the injury o In

Are acting within the scope of their employment at

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are acting “within the scope of their employment” at the time of the injury o In above example, Matt is judgement proof because he cannot afford to pay damages and isn’t worth suing o Joint and several liability o The joint portion of this liability means that each defendant may be help responsible for the entire loss caused to the plaintiff Criminal Law (Chap. 7) Brought on by government Can be tried for civil and criminal cases for same action Crime vs Tort o Crime = must prove guilt beyond reasonable doubt o Tort = must prove elements of recovery Categories of Crimes o Felonies = punishment is over a year in jail o Misdemeanors = really don’t hurt anyone, but still illegal. Less than a year in jail 25
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o Petty offenses = most traffic tickets. Cant go to jail o Moral turpitude = crimes that are evil, murder/rape Purpose of Punishment o Rehabilitation = make them a better citizen, correct bad behavior through education. Works best if done properly o Restraint = putting people in jail to prevent more crimes. Take them out of society, eliminate opportunity to commit crimes o Retribution = paying back society for wrongdoing Community service, “an eye for an eye” o Deterrence = punishment harsh enough to make them not want to do it again. Least effective. Most people don’t know the consequences when they first commit a crime Right before execution crime spikes Constitutional Protections o 4 th amendment = protects against ‘unreasonable searches and siezures’ without probable cause or a search warrant o 5 th amendment = gives right of grand jury, not two trials for same offense, no person can be deprived of life, liberty, or property without due process of law Miranda rights, Protection of self-incrimination o 6 th amendment = right of attorney, right to know charges o 8 th amendment = no excessive bail, no cruel or unusual punishment Ban on ex post facto laws = laws passed to criminalize conduct after the conduct occurred Elements of a crime o The D violated an exsisting criminal statute o It can be proved beyond reasonable doubt (Guilty Act) o The D broke the law intentionally (Guilty Mind) Prove that the defendant had the requisite intent to violate the law Specific Intent = absolutely meant to break law General Intent = made a decision that led to breaking a law Federal sentencing guidelines o A chart that shows how long you can be sentenced for what you did and what elements were proven. Judges don’t have to use it o Powdered Cocaine x1 vs Crack Cocaine x18 in the sight of law Probable Cause 26
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o Need this to search car, home, or person and needs to be reasonable Criminal Defenses o No Intent = infancy, insanity, intoxication, mistake o Self-Defense = proportional to fear o Entrapment = of police persuade D to commit a crime that he would not have otherwise committed o Immunity = “Turns state evidence” Infancy o You’re a minor o Degrees of Infancy Under 7 – can’t really be charged with any criminal intent 7-14 – little more lenient, Court will assume no criminal intent but can
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