Trial Court Procedure in Torts Cases (Ch. 1) a. Major Stages at which trial judges make tort-law mistakes i. Granting or denying motions to dismiss 1. Motion to dismiss- complaint set forth by plaintiff not tortious ii. Granting or denying motion
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 r
Torts Outline Robertson Fall 2002
1. P Complaint 2. D motion to dismiss (if not tortuous conduct by law based on Ps pleadings) 3. D motion for summary judgment (D brings additional facts) 4. Answer 5. P case in chief 6. D.V. #1 (D only) 7.
Alex More ATTACK Outline I. PROCEDURE Dismiss didn't state a claim Summary J no claim after 's facts MDV#1 only after 's case MDV #2 or after both sides JNOV " + appellate court uses old verdict II. CORE TORTS RATIONALE Administrative Feasi
General Types of Torts 1) Intentional Torts (Most Culpable-all consequences to defendant) a. Actor must desire to cause consequences of his act, or believe that the consequences are substantially certain to result i. Probably happen/recklessly happen
The Law of Torts Prima Facie Case the basic facts establishing the defendants conduct fits the elements of the tort for which the plaintiff seeks damages. Intentional Torts I. Chapter 1: Battery A. Definition intentional infliction of a harmful or