lecture recording on 10 March 2025 at 15.19.35 PM

G\ for organized collaboration and thorough preparation.

Exam Details

Upcoming Exam Reminder

• Students are reminded of the forthcoming exam, which will cover all topics discussed in class. This serves as a guidance for their studying efforts, encouraging them to review all materials thoroughly and seek clarification on any points of confusion.

Required Materials

• Specific materials are mandated for the exam:

  • Scantron: 882-E thin green scantron sheets are necessary for answering machine-scored questions.

  • Pencils: Students must bring pencils (not pens) due to grading issues associated with ink smudging.

  • Index Card: An optional resource includes one standard-sized index card of notes (both front and back) that can assist students during the exam, encouraging students to summarize critical concepts effectively.

Fun Fact Segment

San Diego Highlights

• The instructor lightens the mood by sharing a fun fact related to San Diego, known for its unique military presence and renowned cuisine, including dishes like langostina. This helps to create a more engaging learning environment.

Personal Connection

• The instructor shares a personal anecdote about their connection to the San Diego Padres, including their plans to attend spring training, which helps foster a more relatable classroom atmosphere and breaks barriers between students and the instructor, promoting open communication.

Legal Concepts in Review

Differences Between Criminal and Civil Law

• The instructor outlines fundamental differences:

  • Remedy Sought:

    • Criminal Law: Focused on deprivation of freedom through imprisonment.

    • Civil Law: Centered on monetary compensation for damages incurred.

  • Burden of Proof:

    • Criminal: Prosecutors must prove guilt beyond a reasonable doubt.

    • Civil: The individual seeking damages must establish the preponderance of evidence (greater than 50%).

  • Pursuer of Action:

    • Criminal: Usually represented by the District Attorney (DA), acting for the state.

    • Civil: Initiated by a plaintiff, an individual seeking compensation for damages.

Key Definitions

Negligence

• The instructor highlights five key elements that must be established: duty, breach, cause in fact, proximate cause, and damages.

Case Discussion

• The example of Paulsgraf v. Long Island Railroad is used to illustrate these concepts in action, providing students with a practical application of the law.

Damages

• Students learn about two main types of damages:

  • General Damages: Often unquantifiable losses, such as pain and suffering.

  • Special Damages: Quantifiable losses, such as medical expenses.

Contract Law

• The fundamental elements of a contract are detailed, including:

  • Offer

  • Acceptance (following the mirror image rule)

  • Consideration (the value exchanged between parties)

Statute of Limitations

• Timeframes are specified for filing lawsuits:

  • Oral Contracts/Negligence: 2 years

  • Fraud: 3 years

  • Written Contracts: 4 years

Conditions Precedent and Subsequent

• Explanation of conditions that can affect the enforceability of contracts, ensuring students understand various contractual obligations and the scenarios they encompass.

Important Cases Discussed

• Hadley v. Baxendale: A landmark case exploring consequential damages in contract disputes which helps students understand the implications of breach.

• Plessy v. Ferguson: Established the legal precedent for segregation; upheld the doctrine of 'separate but equal.'

• Brown v. Board of Education: Significantly overturned Plessy v. Ferguson, declaring the unconstitutionality of segregation and advancing civil rights.

• Roe v. Wade/Dobbs v. Jackson: Examination of recent legal changes regarding abortion rights and the shift of powers to the states, providing contemporary legal context to students.

Torts and Intentional Torts

Assault vs. Battery

• The instructor distinguishes between assault (the apprehension of harm) and battery (unwanted touching), helping students grasp the nuances of personal injury law.

Overview of Intentional Torts

• Discussion on types of intentional torts and the emphasis on punitive damages that can be claimed in these cases, ensuring students are aware of potential legal consequences for harmful actions.