LAW 604C Lecture Notes - Lecture 3: Dementia

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31 Aug 2016
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Class 3: 8/25/16: a closer look at intent. Purpose = conscious object or desire of producing a result. Knowledge = knew or substantially certain that the act would produce a result. Dailey, 6 yrs old, removes a chair that garratt was about to sit in. Garratt falls, resulting in a fractured hip and other injuries. Dailey contends he was moving the chair to sit in and went to put it back as soon as he saw garret attempting to sit down. Trial court awards judgment dismissing the action. Remanded for clarification with instructions to make definite findings on whether dailey knew with substantial certainty that garratt would attempt to sit down. If dailey knew his action would lead to garratt falling, then that knowledge constitutes intent. Muniz argues everly acted intentionally in striking her. E(cid:448)erly (cid:894)represe(cid:374)ted (cid:271)y white(cid:895) suffers fro(cid:373) alzhei(cid:373)er"s a(cid:374)d strikes mu(cid:374)iz.

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