Sample Negligence Attack Plan
Fall 2006 Tutorial
Note: I was given a similar chart by my torts tutor last year and ended up using it as a skeleton for my own negligence attack plan. This is just a basic structure.
You will most likely want to fill in more
OVERVIEW: INTENTIONAL TORTS
I. GENERAL IDEAS
A. Definition: Intentional acts which violate other peoples rights
B. Whats the difference between intentional torts and negligence?
1. Negligence involves accidental consequences; intentional torts involve con
TORTS PAGE 1
PHYSICAL/MENTAL INTENTIONAL TORTS
- ESTABLISHING INTENT
o Specific intent (intending to bring about specific consequences) OR
o General intent (actor knows with substantial certainty that these consequences will result) OR
o Transferred inten
Torts Short Form
Battery: intentional harmful/offensive contact with P=s person
Assault: Apprehension of immediate battery
False Imprisonment: An act of restrain in bounded area, unless preexisting obligation,
where P knows or is h
Does the UCC Apply?
Is There a Valid Contract? Mutual Assent (offer and acceptance) and Consideration.
Terms of the Contract.
Third Parties Rights or Obligations.
#1. IS THERE A VALID K?
an expression of a promise, undertaking or
commitment to enter into a k,
definite and certain in its terms, and
communicated to offeree.
Present intent to k
Totality of circs
BarBri Contracts Lecture
(1) Common law of Contracts with New York variations
(2) Article 2 of the UCC for sales of goods
(3) Article 2A of the UCC for leases of goods
A contract is a legally enforceable agreement, express (oral or written words)
In this document: First, an Outline; second, my class notes.
I. Basic Principles ACTUS REAS and MENS REA:
1. General Requirements of Actus Reas
a. Voluntary act requirement:
i. MPC 2.01: you always need at least one voluntary act.
ii. But some states say
INTENTIONAL TORTS: can be committed in one of two ways: where D acts intending to
cause the consequences of his/her act or under substantial certainty that the tort will
Substantial certainty e.g.,: World series at Yankee Standium which
A faster, more efficient way
by M-Mash, Inc.
MicroMash Bar Review
6402 South Troy Circle
Englewood, Colorado 80111
Read Me First!
New York Professional Responsibility
Regulating Lawyers The Process and the Punishment
New York Code of Professional Responsibility: Canons (broad statements of norms setting
out expected conduct), ethical considerations, disciplinary rules
NY Supreme Court has exclusive jurisdiction over matrimonial actions, Article 78
proceedings, and declaratory judgments.
States of limitation: Commenced by filing process with the clerks on/before the last day of the
NEW YORK PRACTICE
Supreme Court. Appellate Division. Court of Appeals
States of Limitation
o Med-mal: 2.5 years from date of malpractice. Continuous treatment rule: end of
treatment. Foreign object rule: 2.5 years from operation of 1 year actual/construct
COMPREHENSIVE FLASHCARDS TO HELP YOU PREPARE FOR THE MULTISTATE BAR EXAMINATION.
Thank you for purchasing Law Decks. We feel that the use of Law Deck
Contracts Fall 2005
a. Contract law is about the enforcement of promises; all promises are not created equal, the law will only
enforce in certain cases:
i. In keeping with policy and principle
ii. When there is a bargain, mutu
Types of K
Implied in Fact
Inferred from words, actual intentions, and conduct of parties
o Implied in Law (Quasi Contracts)
Must pay irrespective of intention
1. Non-gratuitous benefit conferred
2. Acceptance and retenti
Entertainment Plus Inc.
Entertainment Plus Inc. (EPI) is a private corporation that operates retail stores throughout
Ontario which sell home electronics. EPI is owned 100% by Spencer Hewitt, the companys
founder and Chief Executive Officer. Spencer worke
STATEMENT OF CASH FLOW
DECEMBER 31, 2008
Fair value loss
Gain on disposal
Stock based compensation
Statement of Cash Flow
For the year ended December 31, 2005
Cash flow from operations
Cash collected from customers ($410 + 2 Decrease in A/R - 6 Accounts W/O)
Cash collected on investment revenue (13 2 Increase in Investment Revenue Rece