Torts.Robertson - Tort - Harm done to someone or something...

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Tort - Harm done to someone or something that is not a criminal act. Case in chief: Chronological. What plaintiff does at trial before resting Prima Facie Case: Conceptual. What plaintiff must prove to win Stage of Trial Judge Error: 1. Granting or refusing motions to dismiss or motions for summary judgment. 2. Permitting improper statements by counsel during jury selection, opening statements, or closing arguments. 3. Excluding relevant evidence or admitting improper evidence. 4. Granting or refusing motions for directed verdict. 5. Erroneous jury instruction. 6. Granting or refusing motions for judgment not withstanding the verdict. 7. Granting or refusing motions for new trial, additurs, or remitturs. Steps in a case: 1. Complaint 2. Motion to Dismiss 3. Motion for summary judgment 4. Answer 5. Jury Selection 6. Opening Statements 7. Plaintiff’s Case in Chief 8. Plaintiff Rests 9. Defendant moves for directed verdict #1 10. Defendant’s Case in Chief 11. Defense Rests 12. Plaintiff’s Rebuttal Case 13. Motion for directed verdict #2 (Either Party) 14. Closing Arguments 15. Instructions to the jury 16. Verdict 17. JNOV Categories of Torts: 1. Intentional Torts – Battery, assault, false imprisonment, intentional infliction of emotional distress, trespass to land, trespass to chattels, and conversion. 2. Negligence – defendant behaved carelessly 3. Strict Liability – held liable even though ∆ didn’t intend result and behave with carefulness Battery=physical harm; Negligence=less than intentional harm. Battery – the intentional infliction of a harmful bodily contact upon another 1. ∆ caused touch ∏’s “person” 2. touch was harmful or offensive to a reasonable sense of dignity 3. ∆ “intended” touch[?] 4. ∏ need not be aware. ∏ does not consent. Intent - act must be done for the purpose of causing contact or with knowledge that such contact will be produced. There needs to be a substantial certainty that contact will result. Different degrees of defining battery: 1. ∆ desired to injure 2. ∆ desired to injure or offend (insult) (Ghassemieh) 3. ∆ knew injury would follow
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4. ∆ knew injury or offense to a reasonable sense of dignity would follow 5. ∆ desired touch 6. ∆ knew to substantial certainty that touch would occur (Garratt) Ghassemieh v. Schafer - Student pulled a chair out from under teacher causing back injury. It was a battery according to the court because ∆ intended to injure or offend Garratt v. Dailey if ∆ knew with “substantial certainty” that ∏ would hit the ground, ∆ meets the intent requirement for battery, even if he did not desire that she do so. White v. Univ. of Idaho - intending to touch was enough even though there was no intent to do harm. Fisher v. Carrousel Motor Hotel, Inc.
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This note was uploaded on 08/28/2008 for the course LAW 427 taught by Professor Robertson during the Spring '08 term at University of Texas at Austin.

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Torts.Robertson - Tort - Harm done to someone or something...

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