Night public bus services in Newcastle have been canceled due to a strike.
Students are encouraged to complete necessary activities related to the course during the day.
Assignments area of the platform will have updates available tomorrow.
Students can see assignments under the assignments area, specifically for weeks one and two.
Quiz answers for week four should be submitted by next Monday at 5 PM.
Quiz questions are found in the workshop materials section for weeks four and five.
A problem question assignment is due in week five, with helpful documents provided to aid in understanding the problem question.
Tips and examples for answering problem questions have been shared in workshops.
Adrian Lindsay, a top student, will lead sessions that cover material on tort law, focusing on rights protected under common law.
Upcoming workshop times are scheduled for Wednesday at 11 am and Friday at 10 am.
The course is structured around the protection of different types of rights by common law, specifically tort law.
A table reflecting various protected rights will be developed, currently starting with two categories:
Personal bodily integrity rights
Rights of free movement
Tort actions discussed include battery, assault, and false imprisonment.
Upcoming focus will include two actions on the case: malicious prosecution and intentional infliction of harm
An important right not protected by trespassing torts includes privacy—discussions will cover its legal implications and the absence of common law protections.
Malicious prosecution differs from false imprisonment as it can be committed indirectly and reflects a legal action driven by an illegitimate motive.
Key points include:
A judicial decision must intervene for malicious prosecution to be valid.
Malicious prosecution can be claimed if an individual is wrongfully prosecuted after false imprisonment.
Requirements to prove malicious prosecution:
Initiation of proceedings against the plaintiff by the defendant, typically in a criminal context.
Termination of proceedings in favor of the plaintiff.
Actions of the defendant must be malicious.
Prosecution must lack reasonable and probable cause.
Example cases illustrate how the distinction applies in practice, including:
Ms. Madden's false imprisonment leading to malicious prosecution claims.
Importance of a judicial decision in altering the prosecution’s trajectory.
Mutton and Baker (2014): Highlighted the failure to prove malicious prosecution due to lack of judicial proceedings.
Justice Scalia's quote regarding false imprisonment and malicious prosecution, emphasizing the role of judicial process in determining lawful detention.
Prosecution immunity—judicial officers typically cannot be sued for judicial decisions in malicious prosecution cases.
Claims must establish damages (reputational damage or loss of liberty).
Courts require a high standard of evidence, particularly when proving malice or lack of probable cause.
Historical significance of certain cases illustrates how courts determine malice and its impact on justice.
Discussion will transition into new torts like the Wilkinson and Downton Tort, emphasizing emotional impact rather than physical harm.
Continued emphasis on summarizing tort cases and elements will be critical for understanding and examination preparation.