Terms in this set (139)
What is a tort? A civil wrong
Burden of proof in a civil case preponderance of the evidence
What is a crime? criminal wrong, offense against the public
Burden of proof in a criminal beyond a reasonable doubt
matter
, Duty
Breach
Elements to Show Negligence Causatio
n
Damages/injury
assault
battery
kidnappi
Elements needed to show
ng
intentional tort
trespass/
conversion
malicious
prosecution
violation of constitutional
Elements needed to show a rights under color of law
constitutional tort causati
on
dama
ges
Technical defenses
-improper
service
improper
Defenses against tort claims venue
-lack of jurisdiction
-statute of
limitations
Substantive
, defenses
-failure to state a claim
judges
court
employees
prosecutors
Who is entitled to absolute parole
immunity? board
president
legislators
witnesses
Probations officers preparing reports
Immunity applying to peace
officers & test to determine Was there a constitutional
immunity violation Should the officer
have known this?
-serving individual personally
methods of serving a civil
process document -leaving copies at individuals house
-giving to someone 15 years or older
writes of
peace officers authority to act assistance
in attempting a "service" general
execution
replevin
order of delivery
define injunction command to refrain from a particular act.
-neutrality