Torts: Week 0

three general categories of action for torts

intentional torts, negligence and recklessness, strict liability

intentional torts

whether the defendant intended the wrong or harm

negligence and recklessness

unreasonable conduct that caused harm, but accidentally

strict liability

courts assign liability whether or not the defendant’s conduct was wrongful

causation

the relationship between the defendant’s conduct and harm

scope of liability

within the range (?) of being held legally responsible or obligated

proximate cause

an event that directly leads to an injury or damage, and is the main reason it occurred, that is legally sufficient to support liability

what must be proven by the plaintiff in order to bring a cause of action

causation and scope of liability/proximate cause

meritorious claims

claims made to the court on a good faith basis with a reasonable likelihood of success

motion to dismiss in a torts case must argue that

even if the alleged facts by the plaintiff are true, it is still not enough to establish the cause of action or describe tortious conduct

discovery

period of formal investigation once a case has been brought to trial

motion for summary judgment

solve the entire case or elements of it because the parties do not dispute the facts of the case, the court assumes any disputed facts in favor of the nonmovant, or the movant is entitled to judgment as a matter of law

difference between motion to dismiss and summary judgment

dismiss is before trial and based solely on pleadings while the summary judgment considers evidence from discovery or affidavits

affidavits

sworn statement asserting that certain facts are true to the best of that person’s knowledge

nonmovant

the one who did not file the motion who it is being brought against

as a matter of law

a rule of law prevents the defendant from being held liable or that no reasonable jury (with the facts alleged by the plaintiff) could find for the plaintiff

reversible error

an error that might have affected the outcome of a trial, that can be used as grounds for appeal

motion for a directed verdict

urges the court to conclude that even without evidence from the defendant, no reasonable jury could find for the plaintiff with just the evidence the plaintiff provided

find for

find in favor or

“no reasonable” jury standard

whether reasonable minds with the trial evidence least favorable to the non-movant would conclude differently from applying the law to the case

proposed jury instructions

an explanation of the laws applicable to the case drafted by the attorneys and given by the judges before reaching a jury trial verdict

de novo

anew or from the beginning, as if the prior decision or event had not occurred, removing deference (wiping the slate clean)

special interrogatories

specific questions the party wants the jury to answer in reaching their verdict

motion for judgment notwithstanding the verdict (JNOV)

a ruling made by a court to overturn or set aside a jury's decision or verdict, considering it failed to comply with the law or evidence presented

JNOV’s are highly deferential to the verdict already reached. how can one be granted?

by showing that the jury’s decision must have been the result of “passion, prejudice, or corruption” or that the verdict was “wholly unsupported by the evidence”

is the motion for a new trial more or less deferential than a JNOV

less, only needing to argue that the winning attorney made errors or that the jury was unduly prejudiced in its decision

battery

the intentional infliction of a harmful bodily contact upon another

substantial certainty

the assumption of intent if the actor had knowledge to a substantial certainty that the action would produce a contact or apprehension

assault versus battery

assault is the threat of harm (tortious threat) while battery is the action of harm (tortious contact)

nominal damages

a small monetary award given to a plaintiff when a legal wrong is found but no substantial harm is proved

purpose and substantially certain knowledge

a purpose to cause harm makes the harm intentional even if harm is not substantially certain to occur. likewise, knowledge that harm is substantially certain to result is sufficient to show that the harm is intentional, even in the absence of purpose.

judicial efficiency

actions of the court meant to decrease the time or amount of trials necessary for proceedings

black law’s definition of the law

the aggregation of legislation, judicial precedents, and accepted legal principles that the courts of a particular jurisdiction apply in decided controversies brought before them

primary authority of the law

statutes and cases

stare decisis

“stands decided” meaning that courts uphold precedent

certiorari

the process by which higher appellate courts and supreme courts can “call up” cases from the lower courts, allowing them to choose which cases they will review

binding versus persuasive authority

binding authority is a source of law that comes from a higher court decision and must be followed while persuasive authority carries some authoritative weight but does not bind the court

facts that are not legally significant are called

background

dicta

"something said in passing." a statement, comment, suggestion, view, or observation made by a judge in an opinion that is not directly relevant to the reasoning of the case

preponderance of the evidence

a requirement for proof of elements brought forth by the plaintiff in civil cases

what are the 4 kinds of injuries in torts

body, mind, property, reputation

product liability

a doctrine that gives plaintiffs a cause of action if they encounter a defective consumer item that tends to fall under strict liability

cause of action

a set of predefined factual elements that allow for a legal remedy

elements

the component parts of a legal claim or cause of action that a plaintiff must prove to win a lawsuit

torts

a wrong for which the person harmed may have a civil remedy

conduct allocating

deter wrongful conduct and encourage responsible behavior

loss allocating

compensate injured parties to restore them to their original condition

A person acts with the intent to produce a consequence if

the person acts with a purpose to produce the consequence or knowing with a substantial certainty that consequence will result