Intentional Torts, Negligence & Strict Liability: A Comprehensive Guide

1. Intentional Torts (Including IIMD)

Prima Facie Case – In General

Act – Voluntary act by D. No act, no liability unless D had a duty to act.

Intent (RS2 8a)

  • All consequences which an actor desires to bring about (Brantley, horses jump fence)
  • OR knows are “substantially certain” to result (Dow Chemical, agent orange)

May transfer intent – D is liable if the injury is the direct, natural and probable consequence of the wrongful act (Singer v. Marx – boy throwing rocks)

Everyone is liable for

Read More

Torts: Intentional Torts, Negligence, Strict Liability, and More

1. Intentional Torts (including IIMD)

Prima Facie Case – In General

Act – Voluntary act by D. No act, no liability unless D had a duty to act. Intent (RS2 8a)
  • all consequences which an actor desires to bring about (Brantley, horses jump fence)
  • OR knows are “substantially certain” to result (Dow Chemical, agent orange)
May transfer intent –D is liable if the injury is the direct, natural and probable consequence of the wrongful act (Singer v. Marx – boy throwing rocks) Everyone is liable for
Read More

Real Estate Law and Mortgage Principles: A Comprehensive Guide

Real rights are those q acquisition entitle the holder to, attending certain conditions, become owner of the thing on q relapse. There are three main types: –
Scoring q initially empowered to acquire another one thing before the q q would be alienated. To this effect, the owner of the thing you must notify the owner of the score, the proposed disposition. If violating the score, the owner disposes of the thing without notifying the groping, it can do the same q still be passed by depriving him of

Read More

Fourth Amendment Search and Seizure: Threshold of Search and Probable Cause

CONSTITUTIONAL CRIMINAL PROCEDURE SPRING 2017


THRESHOLD OF FOURTH AMENDMENT SEARCH

The Fourth Amendment prohibits “unreasonable searches.”

When is a search a “search” (constitutional)?

Some forms of police investigation do not qualify as a search and therefore fall outside the scope of constitutional regulation.

Police conduct that is not a “search” cannot be “unreasonable search” and therefore cannot violate the constitution.

Reasonable Expectation of Privacy (“REP”)

Katz v. United

Read More

Spanish Legal Framework: Government Authority and International Treaties

The executive organization, i.e., the Government, also has statutory authority:

Article 153: Control of Autonomous Communities

The control of the activity of the organs of the Autonomous Communities shall be exercised by:

  • The Constitutional Court: concerning the constitutionality of its laws and regulations having the force of law.
  • The Government: after consulting the State Council, the exercise of delegated functions referred to in paragraph 2 of Article 150.
  • The administrative court: the autonomous
Read More

Annulment, Dissolution, and Divorce in Jewish Law: A Comprehensive Guide

Annulment and Dissolution in Jewish Law

For the Jewish religion, all issues affecting marriages should be resolved in courts composed of three rabbis, who are rabbinic authorities in the laws of marriage and divorce according to Jewish law.

Annulment

In addition to the assumptions of impairments and disability, a Jewish marriage may be invalid because of flaws in the agreement or form. For example, in the absence of a ceremony or a serious defect in the same, such as the lack of two competent witnesses,

Read More