LE 101 Lecture Notes - Lecture 6: Mens Rea, Concurrent Jurisdiction, Merrick Garland
4 Oct 2016
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Trying to deem if the mother is fit to take care of the child; her boyfriend was abusive to the child in question. Civil case but has a higher standard because the state could take custody of the child. Clear and convincing evidence standard- when the state has a compelling interest in the case. Felonies-serious crime and jail time for more than a year. Misdemeanors-less serious crime requiring less than a year in jail. Prim a facie case- state has to prove both: Defense against: to justify the act- self defense bad act- i was a minor, drunk, or crazy and did not know better. Also have to provide a prim a facie case. Property-real and personal real is land, house and permanently attached to it personal property is everything else. Contracts-an agreement supported by consideration, both have to give and receive: when only one party receives something it is considered a gift.
