Notes - Torts& – Introduction and Intentional Torts...

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Unformatted text preview: Torts (8/20/07 & 8/22/07) – Introduction and Intentional Torts Tort – civil wrong for which the law recognizes a legal remedy on behalf of he private individual o Developed as a way for remedying unique wrongs that cant be brought up in criminal court Procedural Stages: o Complaint is filed – putting defendant on notice to the specific facts and circumstanced of the plaintiffs action and relief wanted by the plaintiff o Motion to Dismiss “Demurrer”- formal request by defendant for the court to dismiss the complaint b/c there is no legal basis to continue o Answer – filed by the defendant to deny or admit with reasoning each allegation in the complaint (filed normally w/ in 30 days of complaint being served) o Discovery – further information is searched for by the plaintiff and defendant, like the following: Interrogatories: written questions to which each party responds to in writing and under oath Depositions: transcription of the interrogatories o Motion for Summary Judgment – both sides asking for trial court to rule in favor of one arty based off of the discovery and matter of law, so they don’t have to prepare for a trial o Motion in Limine – the admission of certain types of evidence when going into trial o Selection of Jury o Opening Statements o Plaintiff’s Case o Defendant’s Case o Motion for Direct Verdict – done by opposing party to challenge the sufficiency of the evidence and support the non-moving parties claim o Closing Arguments o Jury Instructions o Verdict o General – i.e. finding defendant liable or not liable o Specific – answering certain questions o Motion for N.O.V. – judge will make the verdict o Motion for New Trial – correction of any serious legal error that may have occurred during the trial o Final Judgment – verdict is approved by the trial judge Trespass – person was directly injured by another’s conduct o Vi et armis (w/ force and arms) to protects one’s physical interest o De Bonis Asportatis (taking of goods) to protect one’s interest in personal property o Quare Clausum fregit (breach of “close”) to protect one’s interest in real property Strict Liability – plaintiff was not required to prove intent or negligence Fault Liability – intent or negligence was required, that the plaintiff must prove it was the defendant Battery – protects one’s interest from unwanted bodily conduct, but must prove the following: o The defendant acted o Act was done with intent to cause harmful or offensive contact o The harmful or offensive contact actually resulted Intent – encompassing both purpose and knowledge to a degree of substantial certainty o The person has the purpose of producing a consequence o Person knows to a substantial certainty that the consequence will ensue from their conduct Transferred intent – plaintiff to prove when a defendant’s action is directed at another but causes for another person to be harmed Vicarious liability – one party can be found liable for the conduct of another...
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This note was uploaded on 05/03/2008 for the course CRIMINAL L 101 taught by Professor Sm during the Fall '08 term at Florida Coastal School of Law.

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Notes - Torts& – Introduction and Intentional Torts...

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