TRESSPASSS

Personal Finance Discussion

  • The speaker expresses a desire for financial autonomy concerning income.
    • Emphasizes that their money is personal, whereas their partner's money is viewed as shared.
  • The speaker places emphasis on the necessity of financial stability, especially regarding essential needs such as housing and family.
  • There is a clear distinction between the intended use of their money compared to the partner's expectations.
    • The speaker stipulates their money is allocated towards saving for personal desires, like vacations, rather than shared expenses.
  • Conversation touches on topics relating to savings, IRAs, and strategies for financial growth.
    • Mentioned contributions to a Roth IRA since age 18 have resulted in significant savings.
  • Importance of financial stability reinforced through the insight that the speaker prioritizes long-term savings.

Quiz Results Overview

  • Discussion regarding quiz results highlights individual student performance:
    • Highest score reported: 10
    • Lowest score recorded: 3
    • Average score calculated: 7.6
  • Recognition that not all students participated, emphasizing the quiz's importance as a self-assessment tool.

Practice Essay Assignment

Overview

  • Details about an upcoming practice essay assignment to be opened at 6:00 PM.
    • Clarifies it is a timed assignment noting the importance of tracking time while drafting responses.
  • This exercise is intended to mirror conditions of the final exam, allowing students to practice time management.
  • Emphasizes the importance of adhering to submission guidelines, including page limits and formatting preferences (double spacing).

Submission Guidelines

  • The essay is to be submitted via Twin, with a timestamp tracking the submission.
    • Emphasizes that unlike quizzes, this assignment will not abruptly end but requires careful time tracking by the student.
  • Length requirement: Maximum three pages, with an emphasis placed on clarity and organization to allow for comprehensive feedback.
    • Notes that failure to complete the assignment in good faith may affect class participation scores.
  • Students reminded not to collaborate or use AI tools during this essay, as it would undermine the learning experience and authenticity of their analysis.
    • Highlights the potential for extra credit opportunities, incentivizing quality submissions.

Essay Writing Tips

  1. Understand the Instructions:
    • Follow the guidelines as laid out in the assignment thoroughly.
    • Engage in a legal analysis and ensure complete sentences are used without posing questions.
  2. Use the IRAC Method:
    • Issue: Identify the legal issues presented.
    • Rule: Clearly outline the governing rules or legal standards.
    • Application: Connect rules to facts from the hypothetical scenario or the fact pattern provided.
    • Conclusion: Summarize findings and clearly state the resolution based on analysis.
  3. Clarify Legal Standards:
    • Definitions and standards discussed in class should be applied.
    • Engage in critical analysis, not just factual recitation.
  4. Emphasize Completeness:
    • Ensure that all elements of the legal questions have been addressed.
    • Avoid conclusory statements without supporting explanations or facts.

Intentional Infliction of Emotional Distress (IIED)

Overview of IIED Elements

  • Elements required:
    1. Act Element:
      • Must meet a standard of extreme and outrageous conduct.
    2. Intent Element:
      • Possesses specific and general intent, plus a new standard for acting with legal disregard to possible outcomes.
    3. Result Element:
      • Must demonstrate severe emotional distress was suffered.

Factors for Consideration

  • Importance of understanding the conduct needed to support IIED claims.
  • The contrast between extreme outrage and mere indignities should be clearly articulated.
  • Factors courts use to assess if distress rose to severe levels include context, nature of the actions, and relevance of surrounding conditions.

Review of Legal Concepts Related to IIED

The Basis for IIED Claims

  • Reflection on the last week's discussions regarding intentional infliction and how cases showcase elements of distress.
  • Highlight on the intersecting implications of speech and IIED claims, particularly when First Amendment rights are invoked.
  • Court evaluations in previous cases provide insights for analyzing future cases effectively.

Property Torts: Overview

Trespassing

  • Definition: Interference with another's property rights, characterized through distinct elements.
  • Case Study: Burnsville v. Cavalia:
    • Overview of the dispute regarding property boundaries and tax payments related to an improperly constructed fence.
    • Key insights into the intentionality behind trespass, emphasizing that knowledge of ownership is not required for determining liability.
  • Analysis of ruling focused on whether notice of trespass must be provided to the trespassing party, countered by principles of strict liability and intent as essential elements in trespass claims.

Legal Principles Discussed

  • Trespass operates under a strict liability regime but requires intent to make contact with the land, justifying its classification under intentional torts.
  • Diligence to ensure consent and the need to signify knowledge of trespassing before an obligation to notify arises.