Intent is when the defendant commits a crime with a specific end in mind and general intent is when a defendant commits a crime with no specific result in mind. General intent crime includes but is not limited to crimes such as manslaughter‚ negligent homicide‚ arson and rape. In a general intent crime it is not necessary for the prosecution to prove that the defendant intended the precise harm or the precise result that occurred. For example if you commit involuntary manslaughter because you
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defend themselves against liability by showing they were not at fault for the supervisors actions. V. RATIONALE: An employer is subject to liability for the torts of its employees acting outside the scope of their employment…An employer is negligent‚ and therefore subject to liability‚ if it knew or should have known about sexual harassment and failed to stop it (R. 237). Because supervisory harassment cases involve misuse of actual power‚ not the false impression of its existence‚ apparent
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Answering Hypos – A Basic Template IcRAC: Issue‚ Conclusion‚ Rule‚ Application‚ Conclusion Step 1: Pinpoint the Issues Generally state the parties‚ main cause of action and its elements: Eg. The issue presented is whether Lily can hold Walter liable in the tort of battery. To succeed in a claiming of battery‚ the P must prove that there must be an intentional and direct act by the D which causes some undesired physical contact with the P. Pinpoint the particular elements raised by the question
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Top of Form Bottom of Form THE UNIVERSITY OF TECHNOLOGY‚ JAMAICA THE FACULTY OF LAW CRIMINAL LAW I CAUSATION ______________________________________________________________ INTRODUCTION Where the actus reus of a crime includes specific consequences e.g. the crime of Murder - the consequence being death‚ it must be shown that the Defendant caused the victim’s death (although the defendant’s act need not be the sole or the main cause of death). A common approach of the courts has been to
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Involuntary entry An involuntary trespass is not actionable. E.g. Smith V Stone (1647) D was carried onto C’s land by force and violence of others. There was trespass by the people who carried D onto the land but not by the defendant. Negligent entry A negligent entry is possible and was considered in League against cruel sports V Scott (1985). A keeper of foxhounds (D) was liable for allowing the hounds to trespass onto the land owned by another person (C) during a hunt. Rights of entry *
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negligence? Basically three things must happen: • A harm must have occurred • The defendant is at fault • The plaintiff must prove that the defendant breached a duty of due care to the plaintiff. 2. Do you think that McNeil was negligent in this case? Absolutely‚ it was proven that McNeil was aware of the possible effects of individuals taking this medication with alcohol. McNeil failed to identify this information on the label and provide instructions identifying this information
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The main question here in this case is who is liable‚ negligent and damages. Deb is driving her car when it is involved in an accident with a car driven by Abe. A few moments after the first crash‚ a car driven by Ann hits the two cars disabled from the first crash. Cal‚ a passenger in Abe’s car has a minor injury to his head from the first crash but serious injury to his knees and legs from Ann’s subsequent driving into the first crash. Cal is taken to the hospital where Doctor informs him‚ correctly
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Civil wrongs - torts PowerPoint 1 Torts • Civil wrong other than a breach of contract • Causes personal injury‚ property damage or financial loss • Innocent party usually claims damages • Purpose - justice to be achieved by transferring kiss I’m the victim to wrongdoer • Principle - each citizen should take responsibility for consequences of his/her actions Types of civil wrongs (torts)? • Compensation is the chief remedy sought • Nuisance‚ defamation
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00:36 EDT April 2 (Bloomberg) -- KPMG International‚ which oversees the fourth-largest U.S. accounting firm‚ was sued by the trustee for bankrupt subprime lender New Century Financial Corp. over claims it failed in its role as “gatekeeper.” Negligent audits and reviews by KPMG LLP‚ the U.S. member firm of KPMG International‚ led to New Century’s collapse‚ according to lawsuits filed yesterday in state court in Los Angeles and federal court in New York. The suits‚ filed against both KPMG International
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Memorandum To: Timothy L. Carlin‚ Attorney From: Brenda Beauregard‚ Paralegal Date: November 26‚ 2010 RE: Post Interview Memorandum Client: Mary Smith on behalf of Shayla Smith minor child Subject Matter: Personal Injury Date of incident: April 30‚ 2008 Introduction This confidential memorandum‚ which contains my thoughts‚ impression‚ and observations of June 1‚ 2008 interview with Mary Smith. In addition to my observation
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