Busa 2106 Final Exam Notes
* Class notes: FINAL EXAM * * Negligence per se: No rational relationship between you hitting someone (car) and you not having insurance. * * Homicide:
Involuntary Man Slaughter: When you commit a crime which is not a felony and somebody dies *first offense is 1 to 10 years in prison windshield lady – man gets wedged in windshield and he bleeds to death.
Voluntary Man Slaughter: You acted without thinking about it. NOT premeditated
Passion: Snap and Go
Bar Room Brawl: Con Air
Felony Murder: When someone is involved in a commission of a dangerous felony and somebody dies, and you didn’t do the killing. You’re a part of it but you didn’t do it – you will go to prison for life
Malice Murder
Express Malice Murder – premeditated
Implied Malice Murder – when you have a depraved abandoned heart
Automobiles:
Permission to search
Lawful stop: lawfully present / in plain view
Random stop: Can the police do this? Arbitrary: NO. Roadblocks are lawful. Police can stop people if they do it without discretion. It’s okay if they stop every car, or every third car (etc) but not just random “suspicious” cars.
Hot pursuit: no warrant needed
8th amendment:
No excessive bail
Cruel and unusual punishment: No electric chair in GA
Defense:
Assumption of Risk: “you’ve been warned”
Comparative negligence: McDonalds case
Contributory negligence:
McPhearson: Privity of contract: Not needed. You do not need to buy the fireworks in order to sue if you get hurt by it
Religious Discrimination: Employer must reasonably accommodate the employee’s request unless it creates an undue verdict.
Hooters: Man wants to be a hooters girl. EEOC took the case. BFOQ – they argued that their essence was within women.
Quid Pro Quo: If you don’t go out with me, then you don’t get to work as many hours. “This for that”.
Stop and frisk: Laundry mat example
Stop is less than an arrest. If the police become suspicious they can quickly frisk
Involuntary Man Slaughter: When you commit a crime which is not a felony and somebody dies *first offense is 1 to 10 years in prison windshield lady – man gets wedged in windshield and he bleeds to death.
Voluntary Man Slaughter: You acted without thinking about it. NOT premeditated
Passion: Snap and Go
Bar Room Brawl: Con Air
Felony Murder: When someone is involved in a commission of a dangerous felony and somebody dies, and you didn’t do the killing. You’re a part of it but you didn’t do it – you will go to prison for life
Malice Murder
Express Malice Murder – premeditated
Implied Malice Murder – when you have a depraved abandoned heart
Automobiles:
Permission to search
Lawful stop: lawfully present / in plain view
Random stop: Can the police do this? Arbitrary: NO. Roadblocks are lawful. Police can stop people if they do it without discretion. It’s okay if they stop every car, or every third car (etc) but not just random “suspicious” cars.
Hot pursuit: no warrant needed
8th amendment:
No excessive bail
Cruel and unusual punishment: No electric chair in GA
Defense:
Assumption of Risk: “you’ve been warned”
Comparative negligence: McDonalds case
Contributory negligence:
McPhearson: Privity of contract: Not needed. You do not need to buy the fireworks in order to sue if you get hurt by it
Religious Discrimination: Employer must reasonably accommodate the employee’s request unless it creates an undue verdict.
Hooters: Man wants to be a hooters girl. EEOC took the case. BFOQ – they argued that their essence was within women.
Quid Pro Quo: If you don’t go out with me, then you don’t get to work as many hours. “This for that”.
Stop and frisk: Laundry mat example
Stop is less than an arrest. If the police become suspicious they can quickly frisk