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1st Year Classes
anonymous 6/28/2007 | 8 (1) | 251 | 37 | 0 | English
Criminal Law Outline (Fall 2004) Professor Goodman I) Enforcing the Presumption of Innocence 1) Guilty if there is no reasonable hypothesis of innocence. Owens v. State drunk guy found asleep in driveway with a can of Budweiser and two empty cans in the backseat. Held: Guilty because there is no reasonable hypothesis of innocence. 2) To prove guilt ... more>>
mrdildine 8/21/2007 | 0 (0) | 327 | 33 | 0 | English
Alford Contracts Outline ... more>>
hbake1021 11/5/2007 | 0 (0) | 567 | 28 | 0 | English
Spring 2006-McDonald contracts outline ... more>>
ChrisGaspard 11/6/2007 | 0 (0) | 475 | 27 | 0 | English
This is an outline I prepared for Professor Jim Gash's Spring 2006 Torts II Class at Pepperdine University School of Law. It's a first draft so there might be a few minor mistakes, but I did well in that class so it worked. Good luck! ... more>>
hbake1021 11/5/2007 | 0 (0) | 330 | 27 | 0 | English
Spring 2006 Miller Torts outline ... more>>
anonymous 8/29/2007 | 0 (0) | 196 | 24 | 0 | English
Torts outline from Prof. Cochran's class at Pepperdine School of law. Author received an "A" in the course. ... more>>
anonymous 10/23/2007 | 0 (0) | 494 | 23 | 0 | English
Criminal Law (After Mid-Term)
Defense - All the elements of the crime have been met, but the defendant offers another reason why his actions should be justified/excused.
Self Defense
Law of Necessity is paramount - The only grounds for a self-defense claim is that there was necessity for such action. Elements are:
Unlawful and immediate th ... more>>
anonymous 10/23/2007 | 0 (0) | 421 | 21 | 0 | English
Act + Mens Rea + Attendant Circumstances + Causation = Crime
I. An Act: Must be voluntary
A. Without the consent of will, human actions are not culpable, except if induced by alcohol or drugs
B. Omissions: Duty to act applies only in certain relationships
1. Statute imposes duty
2. Certain status relationship to another (i.e. maste ... more>>
anonymous 10/23/2007 | 0 (0) | 328 | 19 | 0 | English
Do we have a valid K?
Promissory Estoppel
SOF
Does it fall w/in SOF? (1 year provision)
If Yes, does it comply?
Does not comply (memorandum) ( no enforceable K.
Does comply ( go to what are terms of K?
No and does not need to be in writing ( go to terms of K?
Is the K void or voidable?
Age
Mental Capacity
Undue Influence
Duress
Fraud ... more>>
LoyolaLaw 2/15/2008 | 7 (2) | 246 | 18 | 1 | English
1 Civil Procedure Outline -Willis 2005 For a valid judgment, court needs: 1) notice, 2) SMJ, and 3) PJ ***Valid Notice and Opportunity to be Heard*** 1. To determine what process is due (what kind of notice, opportunity to be heard, right to an attorney) before gov't deprives life, liberty, or property apply Mathews Test, Weigh: Private interest th ... more>>
anonymous 10/23/2007 | 0 (0) | 181 | 18 | 0 | English
TORTS
Tort = a civil wrong, other than a breach of contract, for which the law provides a remedy.
- purposes of tort law:
to provide peaceful means for adjusting rights of parties who might otherwise take law into their own hands
to deter wrongful conduct
to encourage socially responsible behavior
to restore injured parties to their origi ... more>>
anonymous 10/23/2007 | 0 (0) | 203 | 17 | 0 | English
Property Outline
I. Acquisition of Wild Animals- Pierson v. Post
A. Ways to Establish Prop. Rights in a Wild Animal
1. Rationi soli
a. owner of the real property has constructive possession of all wild animals on one's property
2. Animus Revertendi
a. one who tames a wild animal has constructive possession of the anima ... more>>
anonymous 10/23/2007 | 0 (0) | 213 | 17 | 0 | English
The Bargaining Process
The Nature of Assent
Two Types of Assent
Objective Assent - a contract is an obligation attached by the mere force of law to certain acts of the parties, usually words, which ordinarily accompany and represent a known intent.
b. Subjective Assent - conduct implies intent to make a contract; action/ina ... more>>
anonymous 10/23/2007 | 0 (0) | 256 | 16 | 0 | English
TORTS II OVERVIEW
I. TRADITIONAL STRICT LIABILITY
*Always plead Negligence AND Strict Liability if possible*
Activities giving rise to Strict Liability:
Animals
Wild
Domesticated Animals with known dangerous propensities
Note: One Bite Rule is a BAD Rule
Trespassing Animals: SL if a barnyard animal (ex. cow, ... more>>
anonymous 10/23/2007 | 0 (0) | 181 | 15 | 0 | English
Arameh Z. Caldwell-Spring 2003 CRIMINAL PROCEDURE ? SEARCHES -4th Amend. prohibits unreasonable gov't searches & seizures protects people, not places Determine if search occurred: ? Katz -cops recording phone booth conversation = search -Katz Test: 1. does the person have a subjective expectation of privacy as to his activity? 2. is society willing ... more>>
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