Management 200: Intro to LawProfessor DawsonMWF 7:30-8:50May 12, 2014**Went over Midterm 1Received our scores and scantron sheetsDawson’s Assistant went over some new material that he later clarified and went into more detailon Wednesday the 14thHer lecture follows:EvidenceTypes of Evidence- Documents: emails, books, etc.- Things: knife, phone, money- Oral Testimony: witness, someone testifying- View of a Scene: photographs, diagramsRules of Evidence- Question of Fact: answered by evidence, provides facts of case- Question of Law: answers laws, shown by evidenceAdmissible Evidence- Relevant: has to pertain to case, explains part of case- Not Privileged: private infoo Example: information given to doctor, lawyer- Not Excluded by RulesPrivileged Evidence- Physician/Patient: need consent forms to review records- Husband/Wife: cannot make spouse testify against spouse with information found duringmarriage- Attorney/Client: cannot share clients information- Priest/PenitentExclusion Rules (things that can’t be evidence)- Rational- Prejudicial- Evidence of Settlement/Insurance OffersMay 14, 2014Admissible Evidence Rule1. Relevant: evidence makes a fact at issue more or less likely2. Not privileged: Physician/Patient, Husband/Wife, Attorney/Client, Priest/Penitent3. Not excluded: prejudice, settlement offers, insurance, surprise, cumulative4. Not hearsay: out of court statement by another (23 exceptions)TortsCivil wrong to someone, that isn’t breach of contractCivil cases, may or may not have a crime committedWho bears the harm? A harms BWhat choices are there as to who bears the loss?1. B bears the loss2. Government bears the loss3. A person/entity who cased the harm bears itTypes of Torts-Intentional-Negligence-Strict Liability: wasn’t intentional, weren’t negligent-MiscellaneousStoriesMcDonald’s Coffee Case—settled for $2 millionHOT coffee=less free refills for McDonaldsActual damages to her=$400,000She was found 20% at fault (-$80,000)Reckless, disregard human life—punitive- Higher amount of damages to really punish*Purpose of system=compensate and deter-Intentional Torts-BatteryIntentional actCausing offensive contactWith the body-AssaultIntentional actCauses reasonable apprehensionOf offensive contact-Mental DistressIntentional actGenerally maliciousCausing severe emotional distressPunched, stabbed, shot, sexually assaulted-Negligent Torts Elements1. Duty: to act as a reasonable person under the circumstances2. Breach: fail to live up to duty by ______________3. Causes4. Damage: property, medical bills, wage loss, pain and suffering-Professional NegligenceDuty: to act as a reasonable doctor, lawyer, banker, architect, etcBreach: fail to live up to dutyCausesDamagesDefenses to Negligence-Contributory NegligenceIf plaintiff is partially responsible then they are not rewarded damages-Comparative NegligenceIf plaintiff is partially responsible then the percentage of responsibility is subtracted from damagesMay 16, 2014-Strict LiabilityWhen engaged inAn ultra hazardous activityYou are liable for the harm causedWithout regard to faultExamples: 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-Products Liability(Started in 1940’s)ManufacturerOf a defective productThat is unreasonably dangerousIs liable for the harm causedExamples: steering wheel comes off car, IUD causing death, defective lighter, flammable baby clothing**hard to
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