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.