Civil Law chap. 3

Civil law

- the system of law dealing with the definition and enforcement of all private/public rights

What is a tort?

When someone commits a wrong in Civil Law

Intentional Tort

an action done with the intent of injuring a person or their property or both

Specific intent

defendant wants to cause a specific injury and takes action to bring about that injury

General Intent

an actor “intends” the consequences of his conducts if he knows with a substantial certainty that these consequences will result

Transferred intent

The defendant intends to commit a tort against one person but instead (I) Commits a different tort against that person, (II) commits the same tort as intended but against a different person (III) commits a different tort against a different person

Causation

the result giving rise to liability must have been legally caused by the defendants act. or something set in motion thereby. (Is an requirement that must be satisfied)

Battery (Intentional Tort)

(I)an act by the defendant which brings about harmful or offensive contact to the plaintiffs person (II) Intent on the part of the defendant to bring about harmful or offensive contact to the plaintiffs person (III) Causation

harmful or offensive

whether any give contact is to be construed as harmful or offensive is judged by whether it would be harmful or offensive by a reasonable person

Assault (intentional tort)

(I) An act by the defendant creating a reasonable apprehension in the plaintiff of immediate harmful or offensive contact to the plaintiffs person (II) Intent on the part of the defendant to bring about in the plaintiff apprehension of immediate harmful or offensive contact with the plaintiffs person (III) Causation

False Imprisonment (Intentional tort)

(I) An act or omission to act on the part of the defendant that confines or restrains the plaintiff to a bounded area (II) Intent on the part of the defendant to confine or restrain the plaintiff to a bounded area (III) Causation

Methods of false imprisonment

Physical Barrier, Physical Force, Threat of Force, invalid use of legal authority (Shoplifting detentions are permissible)

Infliction of emotional distress (Intentional tort)

(I) act by the defendant amounting to extreme and outrageous conduct (II) Intent on the part of the defendant to cause plaintiff to suffer severe emotional distress as to the effect of the defendants conduct (III) Causation (IV) damages

Malicious prosecution (intentional Torty)

Initiation a criminal prosecution and malice and without probable cause

Abuse of process

The use of civil or criminal proceedings for an improper purpose or ulterior motive

(I)rac

Issue - “The Issue here is whether or not” _ identify and state the legal issue presented by the fact scenario (1-2 sentences)

I(R)ac

Rule - state/identify.define completely the legal principle/law that applies to the fact scenario (all elements/principle of law must be present)

ir(A)c

application - discuss how the legal principle applies to this specific fact scenario - longest part

ira(C)

conclusion - come to and state your conclusion based on your analysis - 1-2 sentences

Negligence

failure to exercise a reasonable amount of care in either doing or not doing something, resulting in harm or injury (must be present: Duty, Breach of duty, causation of damages)

Strict Liability

A. tort liability impose without regard to fault B. Under strict Liability: A tortfeasor can be held responsible for injuries caused to others without regard to blameworthiness

Plaintiff

The individual who initiates the case

Defendant

The person (s) being charged with committing the harm to the plaintiff or the plaintiff’s property

Burden of Proof (P.O.T.E)

plaintiff has burden of proof- it is their job to prove the defendant committed the harm, by a preponderance of evidence (Must prove it is substantially more likely than not the defendant committed the wrong)