LGST 101 Study Guide - Midterm Guide: Willful Blindness, Baldus De Ubaldis, Sudden Unintended Acceleration
30 Sep 2015
School
Department
Course
Professor
Document Summary
Jim davis held knowledge of freed"s drinking problem and his overall poor maintenance record of his fleet. Davis"s omission to act to his employee was reckless; he failed to act on superior knowledge; and he had the duty and ability to protect freed. Because the firm has a special relationship with the worker, the firm owed the worker a duty of care that it failed to fulfill (caldwell v. betchell). Hopper and iggy"s omission to act on dying patient does not make them guilty (barber v. Superior court), because the patient was in a comatose state and treatment has proven to be ineffective. They did not administer a lethal injection; rather, they allowed the patient to die naturally. Denzel"s conclusion regarding mutter is correct, but his reasoning is incorrect. Mutter"s violence is unconscious, but not by reason of insanity. Rather, smith v. state established that an unconscious act is not criminal because it is involuntary.
