Liable but not Culpable, Part 4: Lexplaining Negligence and the Reasonably Prudent Person

Good morning you incorrigible idiots that seem to think this should be an educational site and welcome to Lawyers & Liquor!  I’m your host, the Boozy Barrister.

So we’ve spent a lot of time over the past week or so working on educating you slobbering shitstains on the face of the legal system about the concept of intent,mens rea,  the differences between the criminal and civil legal systems, and generally just all this shit that you should already fucking know if you have a license to practice law anywhere but in your mind.  Of course, the issue is that a lot of you don’t have a license to practice law, and are, for all intent and purposes, the Muggles of the legal world.  While the rest of us stand around shouting shit like “Ex post facto!” and “Res Ipsa!” you motherfuckers just sort of sit there pounding your puds and staring blankly into the sun.  So, to those of you who have to make a conscious effort to both walk and inhale at the same time, this Bud’s for you as we move into the last part of our four part series on the concept of “intent” and shit: the  negligence standard.

Let’s…let’s just get this shit over with quickly, okay?  I want to go back to talking about other shit now.

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Liable But Not Culpable, Part 3: Lexplaining The Reasonable Person and Civil Justice

Welcome to the third part of our interesting investigation of intent here on Lawyers & Liquor, where we strive to provide baby lawyers and law students with a profane purview of the legal profession.  I’m your host with little to say and 1,500+ words to say it in, the Boozy Barrister.

So, like we’ve covered every other time, this guide isn’t really aimed at lawyers.  I mean, at least not good lawyers who paid attention during their first year of law school and therefore have a semi-firm grasp on these basic fucking concepts.  I mean, these are concepts so basic they get a latte from the same Starbucks every damn day.  You should know this shit well before now if you’re an attorney and any where the day-to-day practice of lot and not busy being some in-house asshole who forms their furniture solely out of frightened interns and sales representatives.  It’s basic and fundamental to the practice of law to understand the question of states of mind and intent in the civil and criminal law system, that’s what we’re getting at here.

And we’ve gone through it now.  Last time and the time before that we looked at the basic differences between the criminal and civil justice system and the standards of proof used, and then at the question and definition of what “intent” and “mens rea” mean in regards to the criminal justice system alone.  And that was some dense shit, man. This time, though, we’re going to go into the sort of law that most of the people out there are going to be experienced with at some point in their life, and that’s civil justice.  Because life isn’t a fucking Law & Order episode where a random celebrity is going to show up and commit some horrible crime against us, no matter how many times Kevin Spacey tries to break into your bedroom at night.

So, without taking up any more of my precious intro space, let’s lead ourselves down the garden path of civil intent and its meaning in this, our penultimate installment in our multi-part series.

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Liable but not Culpable, Part 2: Lexplaining Intent in the Criminal System

Welcome to the second installment of the Lawyers & Liquor series on the difference between the criminal and civil justice systems.  I’m your host, the Boozy Barrister.

So last time we talked about the general differences between the criminal and civil justice systems.  We talked about the difference between the burdens of proof necessary to hold someone responsible for an offense, the intention of the two systems, the nature of who is bringing a case, the punishments, and where the basis for criminal and civil law is found.  That was all leading up to today’s discussion, which could possibly be useful for lawyers that have lost half of their brain, or may have been practicing in one area for so long that they’ve forgotten the differences when they switch fields.

So, today on Lawyers & Liquor, and without any further dilly dallying back and forth, we’re going to start talking about the concept of mens rea in both the civil and criminal systems.

Let’s start with a conversation today about mens rea and criminal law because, once fucking again my wonderful little shit stains, this shit is somewhat complex and I’m basically boiling down like three weeks of criminal law courses into a single goddamn post for you.

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