Management 200 Intro to Law Professor Dawson MWF 7 30 8 50 May 12 2014 Went over Midterm 1 Received our scores and scantron sheets Dawson s Assistant went over some new material that he later clarified and went into more detail on Wednesday the 14th Her lecture follows Evidence Types of Evidence Documents emails books etc Things knife phone money Oral Testimony witness someone testifying View of a Scene photographs diagrams Rules of Evidence Question of Fact answered by evidence provides facts of case Question of Law answers laws shown by evidence Admissible Evidence Relevant has to pertain to case explains part of case Not Privileged private info o Example information given to doctor lawyer Not Excluded by Rules Privileged Evidence Physician Patient need consent forms to review records Husband Wife cannot make spouse testify against spouse with information found during marriage Attorney Client cannot share clients information Priest Penitent Exclusion Rules things that can t be evidence Rational Prejudicial Evidence of Settlement Insurance Offers May 14 2014 Admissible Evidence Rule 1 Relevant evidence makes a fact at issue more or less likely 2 Not privileged Physician Patient Husband Wife Attorney Client Priest Penitent 3 Not excluded prejudice settlement offers insurance surprise cumulative 4 Not hearsay out of court statement by another 23 exceptions Torts Civil wrong to someone that isn t breach of contract Civil cases may or may not have a crime committed Who bears the harm A harms B What choices are there as to who bears the loss 1 B bears the loss 2 Government bears the loss 3 A person entity who cased the harm bears it Types of Torts Intentional Negligence Strict Liability wasn t intentional weren t negligent Miscellaneous Stories McDonald s Coffee Case settled for 2 million HOT coffee less free refills for McDonalds Actual damages to her 400 000 She was found 20 at fault 80 000 Reckless disregard human life punitive Purpose of system compensate and deter Intentional Torts Battery Assault Intentional act Causes reasonable apprehension Of offensive contact Mental Distress Intentional act Generally malicious Causing severe emotional distress Higher amount of damages to really punish Intentional act Causing offensive contact With the body Punched stabbed shot sexually assaulted Negligent Torts Elements 1 Duty to act as a reasonable person under the circumstances 2 Breach fail to live up to duty by 3 Causes 4 Damage property medical bills wage loss pain and suffering Professional Negligence Duty to act as a reasonable doctor lawyer banker architect etc Breach fail to live up to duty Causes Damages If plaintiff is partially responsible then they are not rewarded damages If plaintiff is partially responsible then the percentage of responsibility is subtracted from damages Defenses to Negligence Contributory Negligence Comparative Negligence May 16 2014 Strict Liability When engaged in An ultra hazardous activity You are liable for the harm caused Without regard to fault Products Liability Started in 1940 s Manufacturer Of a defective product That is unreasonably dangerous Is liable for the harm caused hard to prove Examples transporting gasoline crop dusting owning a tiger or lion blasting hillside having a dam don t have to prove negligence don t have to find fault Examples steering wheel comes off car IUD causing death defective lighter flammable baby clothing