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| When the Plaintiff's case is over and the plaintiff has rested, the defense normally asks for permission to argue a directed verdict motion where the defendant's attorney will present an argument to the judge that the plaintiff has failed to prove their case. |
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| One in which the defendant acted purposely to injure the plaintiff. Car wreck cases involve acts of negligence. Negligence cases usually revolve around the issue of perop care and reasonable conduct, but not intentional actions. |
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| To prove the tort of assault, the plaintiff must show: that the defendant intentionally caused the plaintiff to have: fear or apprehension of a harmful or offensive contact. |
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| Basic case against defendant. |
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| Test of defendant's intent is not what the ultimate result is; the test for intent is whether the defendant acted voluntarily and knowingly. |
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| In a tort of assault, actual fear is not a requirement. Harmful or offensive contact. |
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| If an assault is an attempted battery, battery is a completed assault. In battery lawsuit, plaintiff must prove that the defendant made knowing and voluntary, intentionally offensiove, or harmful contact with the plaintiff. To prove tort of battery plaintiff must show that: the defendant intentionally made contact with the plaintiff that was harmful or offensive. |
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| Tort law doctrine that requires a strong connection between defendant's actions and the ultimate harm to the plaintiff. |
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| Closely tied to the tort doctrine of proximate cause there is the issue of foreseeability. The law of proximate cause dictates that a person will be held liable for al l foreseeable injuries to the injured, but not liable for unforeseeabile injuries. Liable for injuries caused. |
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| REASONABLE PERSON STANDARD |
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| Developed as a way to address incidents where the parties could have very difficult interpretations about what happened. |
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| FALSE IMPRISONMENT is saying you were intentionally, unlawfully restrained against your will bu the use of force or the threat of force. Restrained from moving about freely by another. |
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| Elements of false imprisonment are: Intentional, Unlawful, Restraint of a Person, By the Use of Force or Threats. |
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| DEFENSES TO FALSE IMPRISONMENT |
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| Based on a 3rd party's interference with the marriage, usually by adultery with one of the spouses. ELEMENTS ARE: Interference with the Marriage by the Defendant; Subsequent loss of affection by one spouse for another; Loss of affection caused by this interference; Interference was motivated by Malice. |
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| INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS |
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| Claiming that the defendant, either through intentional or recklessness actions is causing the plaintiff severe emotional distress through some outrageous behavior. |
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| ELEMENTS OF INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS |
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| Intentional reckless conduct; Caused the Plaintiff severe emotional distress; By Defendant's outrageous conduct. |
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| INTENTIONAL OR RECKLESS CONDUCT |
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| In order to be liable for this tort, the defendant must act with the specific intention of inflicting emotional distress on the plaintiff or act with such utter recklessness that emotional distress would naturally result. |
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| BYSTANDER EMOTIONAL DISTRESS |
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| Bystander to a horrific events can in some jurisdictions bring this claim. |
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| Plaintiff must prove that there is a connection between the emotional distress and the defendant's actions. |
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| WHAT IS EMOTIONAL DISTRESS? |
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| Varies from person to person. Difficult to prove, impossible to measure. Hard to prove at trial. In order to prove, plaintiff must show that the defendant's actions were such that a reasonable person would have suffered same. |
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| Tort designed to punish people who use the court system as a way to intimidate other people. |
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| ELEMENTS OF MALICIOUS PROSECUTION |
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| Defendant brings or continues a criminal charge against the plaintiff; the case terminates in the plaintiff's favor; the defendant acted with malice in bringing the charge; there was no probable cause for the charge. |
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| TORT IMMUNITY FOR FAMILIES |
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| INTRA-FAMILY tort immunity - family members are protected from lawsuits filed by other family members. Important exceptions to this rule. Children cannot sue their parents were a spanking. |
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| INTENTIONAL TORTS INVOLVING PROPERTY: TRESPASS |
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| Legal elements of this tort: intentional and unprivileged entry onto the plaintiff's real property without permission. |
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| Unprivileged: Not an authority, no reason to be there; breaks through boundaries onto property; without permission. |
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| Nuisance actions can be brought against a person when they allegedly do something near a person's property which is affecting that person's ability to enjoy or use the features on the property. |
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| PUBLIC NUISANCE VS. PRIVATE NUISANCE |
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| PUBLIC NUISANCE is some condition that affects the rights of citizens in general like a public health risk or general annoyance and local government must take a hand and these actions are generally only reserved for government. PRIVATE NUISANCE Courts can order an injunction against the person causing the nuisance which tells a person to stop doing it or do something about it specifically. If person refuses to obey, can be held in contempt by judge which could result in monetary fine against person or jail time. |
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| Chattel is the ancient term for personal property. Trespass to chattels is a suit based on the defendant's interference with the owner's rights to their person property. Could be theft (permanently removing the property from plaintiff's possession), conversion (retaining someone's property without permission), damage to the property (depriving the plaintiff of the use). General Elements this tort: Intentional; Unprivileged Interference with Plaintiff's personal property that results in damages to or loss of the property. |
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