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Trial Time TORT-oises To Kill or Not to Kill Crimes Crimes Crimes DE-FENCE (Defense)
What is scarcity?
The principle of persuasion that states that people want more of things they can have less of.
What is a civil wrong for which the law provides a remedy?
The definition of a tort.
What is specific intent? Definition= doing an act with a specific objective.
The type of intent required for first degree murder.
(include the definition of this type of intent).
What is utilitarian theory?
The theory of punishment that refers to doing the greatest good for the greatest amount of people (what is best for society).
What is 1) contributory negligence, 2) comparative negligence, and 3) assumption of risk?
Name the 3 types of defenses to negligence.
What is reciprocity?
The principle of persuasion that states that people are obliged to give back to others the form of behavior, gift or service that they have received first.
What is transferred intent?
The term for this definition: " if you could have been liable for a tort against one person, you're liable for that same tort against anyone else who is injured by your act.
What is intent to harm or inherently dangerous act, done in such a reckless and wanton manner as to manifest a mind utterly without regard for human life and social duty and deliberately bent on mischief.
The definition of malice (2nd degree murder).
What is mens rea (mental part) and actus reus (physical part)?
The two essential elements of a crime.
What is the defendant must reasonably believe that a tort is being or about to be committed against himself.
A successful self-defense claim against a TORT must include this.
What is the verdict?
The last step in the trial, according to trial procedure
What is 1) duty, 2) breach, 3) causation, 4) damages?
The 4 elements of negligence.
What is voluntary manslaughter?
The killing of another person with adequate provocation, in the heat of passion, with not enough time to cool off, or, a failed self-defense claim.
What is 1) unlawful 2) confinement of a person 3) without his valid consent?
The elements of false imprisonment (criminal).
What is the M-Naghten test?
The insanity test used in North Carolina.
Be Brief
Use Plain Words
Use Only Leading Questions
Be Prepared
Do Not Quarrel
Avoid Repetition
Disallow Witness Exploration
Limit Questioning
Save for Summation
Name at least 4 of the 10 commandments of cross examination
What is "The thing speaks for itself"? For the purposes of creating an inference of negligence.
Res Ipsa Loquitur translated to English, as well as how it relates to negligence.
What is 1)killing 2) willful, 3) deliberate 4) premeditated or 5) by use of weapon of mass destruction or 6) felony murder, arson, any sex offense, robbery kidnapping, burglary?
The elements of first degree murder.
What is larceny?
This is the crime of taking and carrying away personal property of another without consent, with the intent to never give it back.
What is private necessity and public necessity?
Name and define the two forms of the necessity defense (torts).
What is chronological structure?
The name of the structure of direct examination we will use in this class.
What is conduct that transcends all bounds of decency tolerated by society?
In order for someone to be liable for the tort of intentional infliction of emotional distress (IIED), the defendant has to have engaged in extreme and outrageous conduct. Give the definition of outrageous conduct.
What is the intent to kill, formed some period of time, however short, before the killing?
The definition of premeditation.
Robbery is larceny with force or threat.
The difference between robbery and larceny.
What is 1) insanity, 2) intoxication, 3) self-defense, 4) necessity, 5) duress, 6) mistake of fact, 7) mistake of law, 8) entrapment?
Name 5 criminal defenses we learned in class?

Mock Trial Week 1

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