Civil Procedure, ADR, and Tort Law: Key Concepts and Cases

What are the threshold requirements for litigation?

The Complaint, The Answer, and the Trial.

What are the main components of a trial?

Jury Selection, Opening Statements, Examination of Witnesses, Closing Arguments, Jury Instructions, and Judgment.

What is a binding arbitration clause?

A provision in a contract mandating that all disputes arising under the contract must be settled by arbitration.

What are the two types of challenges to arbitration clauses?

Procedural and Substantive unconscionability.

What are some tips for creating a binding arbitration clause?

Identify what to arbitrate, make it bilateral, state who pays fees, ensure cost-effectiveness, specify arbitrator selection, identify costs, avoid remedy limitations, and consider other parties.

What is the standard for assault?

Placing another in fear/apprehension of immediate, offensive/harmful bodily contact.

What constitutes battery?

Unpermitted offensive or harmful contact to a person's body or something physically connected to it.

What is defamation?

Intentional communication to a third party of a false statement that is harmful to a person's reputation.

What are the elements of intentional torts against economic interests?

Disparagement and Intentional Interference with Contract.

What is required to prove intentional interference with a contract?

A valid contract, knowledge of the contract, intentional steps to cause a breach, and injury to the plaintiff.

What actions constitute trespass to realty?

Entering land without permission, staying after being told to leave, placing an object on someone else's land, or refusing to remove something after being asked.

What is conversion in tort law?

Permanently removing personal property from the owner's possession and control.

What are the four elements of negligence?

Duty, Breach, Causation (Actual and Proximate), and Damages.

What does 'Res Ipsa Loquitur' mean?

The principle that the occurrence of an accident implies negligence when the event would not normally happen without it.

What are the defenses available to negligence?

Assumption of Risk, Superseding Cause, Contributory Negligence, and Comparative Negligence.

What is strict liability?

Liability for activities that involve a risk of serious harm, are inherently dangerous, and are not usually performed in the community.

What are compensatory damages?

Damages designed to compensate the victim for all harm caused by the defendant.

What are nominal damages?

A small amount of money awarded to recognize that a tort was committed, even if no actual damages were proven.

What are punitive damages?

Damages awarded for extremely outrageous conduct to deter the defendant and others from similar future offenses.