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This is an example of an affirmative defense In a criminal case, the prosecution must prove each and every element of the charge beyond a reasonable doubt. Where the law provides an exception that amounts to if you do X you commit a crime unless Y, the defense has to prove (to a lower burden) that Y happened. An affirmative defense only kicks in if the ...


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The main source of liability would be "for injuries caused by the act 'of things that he has under his guard'" (this article). As stated in Art. 1383. of the 1804 Civil Code, "Everyone is liable for the injury he has caused not only by his act, but also by his negligence or imprudence". Then the question is whether the teacher was negligent in allowing a ...


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