Key Points on Legal Entities, Torts, and Complaint Drafting

Legal Entities as Persons

Definition of a person in law: can be a human being or a legal entity (e.g., corporations).
Example: Target is a legal person.

Understanding Torts and Crimes

Any crime may also correspond to a tort if there’s damage involved.
Example: Prostitution is a crime, but if both parties consent, it may lack tort liability due to consensual nature.
- Reason: No damage can be assigned as both parties leave satisfied.

Additional Crimes Against Public vs. Torts

Example: Securities fraud with a promissory note not registered violates public law but may not have tangible damage.
- Key Point: Injury or harm must be established for a tort.
Running a red light is a tort if it results in damage; otherwise, it is merely a crime.

Emotional Distress as a Tort

Example: Adultery can be considered a tort in some states.
- Damage: Emotional distress or breaking up of families.
- Intent: The tort lies in the intent to cause emotional harm, not necessarily the act (adultery).
Negligent infliction of emotional distress is typically easier to prove in most states, differing from intentional infliction in Alabama.

Negligence & Duty of Care

Negligence per se: Breach of duty that arises from violation of a statute intended to protect a specific class (e.g., illegal loud noises).
Example: One may not have a duty to keep quiet without an ordinance or law prohibiting noise.
Injury without breach doesn’t constitute a tort (e.g., loud exhaust without duty).

Drafting Complaints in Legal Terms

The first step in drafting a complaint is determining jurisdiction:
- In personam: Jurisdiction over the person being sued.
- Subject Matter: Jurisdiction over the nature of the dispute.
Critical to ensure both jurisdictions exist; absence nullifies the complaint.

Components of a Complaint

Caption: Court name and jurisdiction.
Parties: Names of plaintiff and defendant.
Facts: Clear and concise statement regarding the claim.
Prayer for Relief: What the plaintiff seeks as a remedy.

Strategic Considerations in Lawsuits

When choosing who to sue, include all relevant parties to avoid creating an empty chair defense.
Shotgun pleading (listing many defendants without backing claims) can annoy judges but is viable if each claim has legal grounding.

Final Takeaways

Make claims clear and concise without unnecessary complexity.
Use established legal forms to mitigate risks during complaint drafting.
Always ensure jurisdiction and venue align with the facts of the case.