Total
INTENTIONAL TORTS
Definition: Harm caused intentionally or with recklessness.
A. ASSAULT AND BATTERY
B. DEFAMATION
Definition of Defamation:
Occurs when the defendant (D) publishes a false statement of fact that defames the plaintiff (P).
Elements of Defamation:
Published: The statement must be communicated widely, including through social media.
Types:
Written defamation is known as libel.
Spoken defamation is known as slander.
False: The statement must be false, with exceptions noted under the “substantial truth” doctrine.
Explanation: If a statement is substantially true, even if it's slightly inaccurate, it cannot be sued for defamation (e.g., stating someone has 8 convictions when they only have 7 is not actionable).
Referable to P: The statement must be about the plaintiff specifically, not about an organization or family member.
Tend to Injury: The statement must damage P’s reputation, causing public hatred, ridicule, or financial harm
Degree of Fault: D must act with the requisite degree of fault regarding the truth of the statement.
Example: Describing someone as having a “face like a hard-boiled egg” is opinion and not provable; hence not defamatory.
Defamation Based on Status:
Private Figure: Requires proof of negligence.
Public Figure/Public Official: Requires proof of malice (knowledge that the statement is false or reckless disregard).
Notably, famous individuals have less access to the defamation defenses than ordinary individuals.
Monetary Damages:
P must suffer actual monetary damages due to defamation.
Exception for companies: To sue for defamation if their reputation is injured, plus for “business disparagement” if their economic interests are harmed by false statements about products/services.
Different Types of Defamation:
Defamation per se: Damages are presumed without needing to prove actual monetary harm; P must show humiliation or mental anguish.
Categories of Defamation Per Se:
Imputes a crime.
Claims of loathsome disease.
Accusations of sexual misconduct.
Information impairing someone's business or profession.
All other cases require proof of actual damages.
Defenses against Defamation:
Good Faith Defense: D can argue reasonable mistake as a defense.
Opinion: Statements that are opinions rather than facts are not actionable.
Truth or Substantial Truth: A true statement, or one that is substantially true, is a defense against defamation.
Case Example: Innovative Black of S. Tex., Ltd. v. Valley Builders Supply, Inc.:
Overview of allegations and damages related to defamation and business disparagement.
False Imprisonment
Definition: The wrongful detention of another person, infringing upon their freedom of movement.
False Arrest: A purported arrest without legal justification.
Interest Protected: The right to move freely.
Elements of False Imprisonment:
P was willfully detained by D.
No consent from P (i.e., if there’s a way to leave, there’s no detention).
Lack of legal authority by D.
Injury must be proven.
Nominal Damages:
Allows for punitive damages incurred due to unlawful detention.
Standards for Willful Detention:
D must confine P in a location against their will through force or threat.
An accidental locking does not count as false imprisonment.
Consent: If P willingly remains to answer questions, they are not considered confined.
Example: A property owner may lawfully detain to prevent damage if there’s probable cause.
Lawful Arrest Defense:
Typically executed by police with probable cause or a warrant.
Anti-shoplifting Law:
Store personnel may detain suspected shoplifters under conditions of reasonable grounds, manner, and duration.
Example Case: Henry v. J.C. Penney case ensuring reasonable grounds for detainment.
Trespass
Definition: Intentional physical entry onto someone's property without permission.
Interest Protected: Enjoyment of real property.
Elements of Trespass:
P must own or possess the real property.
D must have entered P’s land intentionally and voluntarily; involuntary entry (e.g., lost control of a car) is not trespass.
D's actions must have caused injury to P's right to possession.
Injuries may include throwing objects over or tunneling under property.
Presumptive Injuries: Any action recognized as trespass, like shooting a gun across property lines.
Airspace: U.S. government has an easement for airspace usage defined by the FAA.
Nuisance:
Relates to non-physical invasions like noise or smells.
Invasion of Privacy (Read on your own):
Involves claims such as unauthorized intrusion or disclosure of embarrassing private facts.
Example: Intentionally intruding upon someone's solitude or private affairs without consent.
Intentional Infliction of Emotional Distress (IIED)
Definition: Acts intended to cause severe emotional distress.
Interest Protected: Right to peace of mind.
Elements of IIED:
D acted intentionally or recklessly.
D’s actions were extreme and outrageous.
P suffered emotional distress.
The distress was severe.
Targeted Actions: D's actions, especially if aimed at someone emotionally vulnerable, may attract greater liability.
Example Case: Samms v. Eccles illustrates emotional distress from harassment.
Tortious Interference with Business Contracts
Known as a “gap filler tort.”
Criteria for suing under IIED available only when no other intentional tort can be filed.
Definition: Interference with existing or prospective contracts.
Case Example:
Hailey's Guitars and Paige's Music Store contract, showing tortious interference leading to legal accountability.
Texas Elements of Interference with Existing Contracts:
Existence of a contract.
Intentional act of interference.
Proximate cause of damages.
Actual damages must occur.
Prospective Contracts Elements:
Reasonable probability of entering a contract.
An independently tortious or unlawful act by the defendant.
Conscious desire or knowledge of the act’s likelihood to prevent contract formation.
The plaintiff suffered actual harm.
Defenses:
Competition is allowed unless improper methods are used to interfere with contracts.
Justification may protect legitimate interests.
Ethics
MORAL DUMBFOUNDING
Concept where individuals have difficulty rationalizing why a moral belief is held.
TWO CLASSICAL ETHICAL SYSTEMS
1. UTILITARIANISM
A subset of consequentialism focusing on maximum happiness and social welfare.
2. DEONTOLOGY (CATEGORICAL IMPERATIVES)
Focus on moral laws that are universally agreed upon.
Basic Rule: Actions leading to less overall happiness are less ethical.
Justice as Fairness (John Rawls):
Proposes deriving just principles from an original position behind a veil of ignorance.
Moral Judgments and Cognitive Processes
System One (Intuitive) vs. System Two (Cognitive). Emotional reasoning precedes cognitive reasoning in moral judgments.
Implicit biases in judgment processes lead to rationalizations.
Example Scenarios:
Trolley dilemma cases illustrate the distinction between utilitarian and deontological perspectives.
Behavioral Ethics
Highlights factors influencing ethical behavior:
Social pressures
Cognitive biases
Emotional influences
Legal Theories for Recovery
1. Breach of Warranty
Types:
Express Warranty: Explicit guarantees about goods.
Implied Warranty of Merchantability: Automatic expectations for any product sold.
Implied Warranty of Fitness for a Particular Purpose: Based on the seller's knowledge of the buyer's intended use.
2. Negligence
Defined by four elements: duty, breach, causation, and harm.
Three main product defect types:
Design defects.
Manufacturing defects.
Marketing defects.
3. Strict Liability
Based on unreasonably dangerous products regardless of fault.
Elements include defectiveness, danger, and causation of injury.
Criminal Law
Key Differences Between Criminal and Civil Law
Burden of proof is higher in criminal cases (beyond a reasonable doubt).
Various protections and amendments relevant to criminal law processes (e.g., 4th, 5th, 6th, 8th amendments).
Common Criminal Charges and Defenses
Differentiation between felonies and misdemeanors, intent levels, and various defenses.
White Collar Crimes
Includes fraud-related offenses (e.g., wire fraud, securities fraud).
SECURITIES REGULATION / INSIDER TRADING
Overview of Securities
Definition, types, and regulatory framework.
Key regulations and implications for securities fraud.
Insider Trading
Regulations under Section 10(b) and Rule 10b-5 relating to misuse of material, non-public information.
CONTRACTS
Definition: Enforceable agreements subject to legal terms.
Key Components:
Mutual agreement (offer + acceptance).
Consideration.
Capacity of parties.
Legal purpose.
Sometimes written agreements.
Potential Essay Topics
Various focused discussions on applicable legal concepts, theories, and case law.