TORTS I OUTLINE Professor K. Chadwick Development of Liability Based on Fault a. A tort is a civil wrong‚ other than a breach of contract‚ for which the law provides a legal remedy. b. Area of law that imposes duties on persons to act in a manner that will not injure other persons c. A person who breaches a tort duty may be liable in a lawsuit brought by a person injured by that tort d. Initially‚ you had to have a writ from the King in order to have a claim in court. There were two writs
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TORTS – INTENTIONAL TORTS PRIMA FACIE Battery is the (1) intentional infliction of (2) a harmful or offensive (3) contact. Offensive includes acts damaging to a “reasonable sense of dignity.” No knowledge of contact is required. (Rationale: protection of personal integrity. Freedom from intentional and unpermitted contact. Offensive harm included b/c of mental injuries). ▪ To have a claim of battery‚ there must be a claim of fault‚ negligence‚ or wrongdoing on the part of
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2003 - 1) For this week’s assignment I am going to discuss one federal and one state rule of evidence or statute and what affects they may have on both the prosecution and defense of sexual assault cases. Federal and State rules of evidence statues can affect both the prosecution’s ability to try a sexual assault case successfully‚ and a defender’s ability to defend their client successfully. The Federal Rules of Evidence › ARTICLE IV. RELEVANCE AND ITS LIMITS › Rule 412. Sex-Offense
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Torts Notes – Negligence Contents 1 Preamble 2 1.1 Concurrent Wrongdoers 2 1.2 Death 2 1.3 Apologists 2 1.4 Vicarious liability/non-delegable duties 3 2 Duty of care 5 2.1 Immunities 5 2.2 Omissions/failure to control third party 6 2.3 Atypical Plaintiffs 6 2.4 Unborn Child 6 2.5 Mental Harm/Nervous Shock 7 2.6 Statutory Authorities 8 2.7 Pure Economic Loss/Negligent Misstatement 11 3 Breach of Duty 12 3.1 Section 5C 12 3.2 Obvious risks 12 4 Causation 13 4.1 Res ipsa loquitur
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Federal Prison Comparison Rev. Wesley Crawford Criminal Justice Administration/234 November 12‚ 2011 Professor Jeff Newsome Federal Prison Comparison Paper In society today there are more criminals in the boundaries of the state prison system than there are in the federal prison system. According to Bureau of Justice Statistics (2009) the United States state prison system has 1‚405‚622 within their jurisdiction;
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Tort Law and Cases: A Comparison of Two Cases and Their Potential Frivolity8/22/2010 | Introduction “A tort is a civil wrong resulting in injury to a person or property”; that is brought before a court to compensate the injured party (Bagley & Savage‚ 2010‚ pg 251). In order to prove an intentional tort‚ the following conditions must be met: 1) Intent 2) Voluntary act by the defendant 3) Causation 4) Injury or Harm. The following tort cases‚ Pearson v. Chung and Liebeck
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Intentional Tort is a purposeful act committed by a person against another person that results in harm. In this case it is a nursing assistant harming a patient. An example is a nurse put poison in the patient’s food to inflict harm on them. The case I found was about 16 year old Rachelle Harris. On July 4th‚ 1988 Rachelle tried to commit suicide and was checked into a psychiatric unit of Baptist Hospital. Rachelle was then raped by a nursing assistant on July 16th‚ 1988. Dr. Isabelle L. Ochsner
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TORTS – PRETEST (5 points each) Question 1 A HARMFUL OR OFFENSIVE CONTACT IS AN ELEMENT OF WHICH OF THE FOLLOWING TORTS? intentional infliction of emotional distress conversion BATTERY slander Question 2 AFFIRMATIVE DEFENSES IN TORT ACTIONS COMMONLY INCLUDE ____. assumption of risk contributory negligence comparative negligence ALL OF THE ABOVE Question 3 ASSAULT‚ BATTERY AND FALSE IMPRISONMENT ARE EXAMPLES OF ____ TORTS THAT INVOLVE INTERFERENCE WITH A PERSON’S BODY. INTENTIONAL
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The federal system of government in the United States shares power between the federal government and the state governments. Our political system dictates that both the federal government and each of the state governments have their own court systems. Therefore‚ while the Constitution states that the federal government is supreme with regard to those powers delegated to it‚ the states remain supreme in matters reserved to them. Both the federal and state governments need their own court systems to
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Intentional Tort Paper Unit 3 Holly Cord Kaplan University PA165-01 Intentional Torts Black’s Law Dictionary defines assault as “the threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact.” This means that the tortfeasor does not have to make physical contact with the victim. The victim only needs to be placed under a reasonable amount of fear that the physical contact will occur. In fact if physical contact does
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