Recording-2025-03-13T06:56:26.944Z

Current Situation with Newcastle Buses

• 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.

Assignments and Quizzes

• 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.

Workshops and Sessions

• 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.

Course Material Focus

• 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.

New Topics for Discussion

• 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 Overview

Definitions and Distinctions

• 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.

Key Elements for Malicious Prosecution

• Requirements to prove malicious prosecution:

  1. Initiation of proceedings against the plaintiff by the defendant, typically in a criminal context.

  2. Termination of proceedings in favor of the plaintiff.

  3. Actions of the defendant must be malicious.

  4. Prosecution must lack reasonable and probable cause.

Application & Examples

• 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.

Case Law and Important Decisions

• 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.

Evidence and Outcomes in Malicious Prosecution Claims

• 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.

Conclusion and Next Steps

• 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.