Torts 1 Outline
Tort Law Generally Standard of Care * (SoC)
-Harm is required for a tort & is about vindicating individual rights & redressing private harms
Motion to Dismiss/Demurrer: Filed by ∆, says to the judge that even if all the facts are taken as true, there’s no case
Motion for Sum Judg: Usually motion by ∆, submit mostly after new facts arise from disco; filed w/ notion that facts are undisputed & that legal rules applied to facts would find for moving party (judge only)
Object to Evidence & Offer Evidence: key w/ evidence, “is it relevant” to legal issues of case? If one side dsn’t think so they must object when evidence is 1st offer, & judge will then decide if admissible
Motion for a Direct Verdict: ∆ usually move for this after ∏ rests or after ∆ rests, assert that proof offer by ∏ is legally insufficient to warrant jury’s verdict for ∏. Judge will consider evidence in light most favor to ∏, but motion should be denied if RPpl could disagree
Proposed Inst & Object to Them: Instruct are judge’s statements to jury, telling them what they must consider & what facts must be present B4 ∏ should recover or a defense applies
Post-trial Motion for JML: Very extreme measure, would set aside jury verdict b/c te evidence not legally sufficient to justify it
Motion for a New Trial: If error committed in trial & judge recognizes this (& it could have influenced the jury) or b/c verdict is against weight of evidence or b/c damages awarded were unconscionable
I. INTENTIONAL TORTS Reasonable Person(s) * (RP)
BATTERY
Van Camp v. McAfoos
∆ (aged 3) was riding his tricycle on a public sidewalk & drove his tricycle into ∆ from behind, wrecking her Achilles’ tendon.
No allegation that Mark did anything wrong (∏ did not allege fault); no liability w/o fault.
Case was dismissed; went after Mark’s parents, too, b/c 3rd party liability homeowner’s insurance
-RS § 13: Harmful Contact; RS § 18: Battery - Offensive Contact (need requisite intent); RS § 19: What
-Harm is required for a tort & is about vindicating individual rights & redressing private harms
Motion to Dismiss/Demurrer: Filed by ∆, says to the judge that even if all the facts are taken as true, there’s no case
Motion for Sum Judg: Usually motion by ∆, submit mostly after new facts arise from disco; filed w/ notion that facts are undisputed & that legal rules applied to facts would find for moving party (judge only)
Object to Evidence & Offer Evidence: key w/ evidence, “is it relevant” to legal issues of case? If one side dsn’t think so they must object when evidence is 1st offer, & judge will then decide if admissible
Motion for a Direct Verdict: ∆ usually move for this after ∏ rests or after ∆ rests, assert that proof offer by ∏ is legally insufficient to warrant jury’s verdict for ∏. Judge will consider evidence in light most favor to ∏, but motion should be denied if RPpl could disagree
Proposed Inst & Object to Them: Instruct are judge’s statements to jury, telling them what they must consider & what facts must be present B4 ∏ should recover or a defense applies
Post-trial Motion for JML: Very extreme measure, would set aside jury verdict b/c te evidence not legally sufficient to justify it
Motion for a New Trial: If error committed in trial & judge recognizes this (& it could have influenced the jury) or b/c verdict is against weight of evidence or b/c damages awarded were unconscionable
I. INTENTIONAL TORTS Reasonable Person(s) * (RP)
BATTERY
Van Camp v. McAfoos
∆ (aged 3) was riding his tricycle on a public sidewalk & drove his tricycle into ∆ from behind, wrecking her Achilles’ tendon.
No allegation that Mark did anything wrong (∏ did not allege fault); no liability w/o fault.
Case was dismissed; went after Mark’s parents, too, b/c 3rd party liability homeowner’s insurance
-RS § 13: Harmful Contact; RS § 18: Battery - Offensive Contact (need requisite intent); RS § 19: What