Exam III Tort Laws Civil law other than breach of contract done to another 1 Intentional based on willful misconduct punitive damages no insurance coverage 2 Negligence 3 Strict Liability No matter what you have to pay Certain to cause injury Torts Assault causing the apprehensive of injury Battery Intentional contact with another without consent Conversion Example trying to get barrowed car back Malicious prosecution used by criminal system to get even Instituting criminal proceeding with malice Absence of probable cause Termination of criminal proceeding in accused favor Interference with business relationship OR intentional interference with contract Unauthorized entry onto land of another Defamation injuring persons character reputation by false statements Liable Written Slander Verbal Must be communicated to 3rd party New York Times VS Sullivans 1994 He s a public official Media is not liable for defamatory diffuse print about public figures unless plaintiff can prove untrues were published with wreck less disregard for the truth Fraud 1 False representation of material fact 2 Knowingly made Intent to deceive 3 4 Justifiable reliance 5 Damages Must have all elements to win fraud case Negligent Tort Failure to use such care as a reasonable person would use under circumstances 1 Duty IF compensation is expected Good Samaritan Act Not liable for rescuing someone even if you re negligent Paggraf VS Long Island Railroad Lady gets hit on head and hurt by weights that fall off a platform because of explosions Was this foreseeable No LIR won case HOLDING NO DUTY OWED TO UNFORSEEABLE PLAINTIFF Some rational relationship Reasonable connection between neg acts of defendant and damages 2 Breach of a duty 3 Proximate cause suffered by the plaintiff 4 Damages If not hurt no recovery Duties of a Land Owner 1 Trespasser One who comes onto property without permission NO DUTY TO KEEP LAND SAFE FOR TRESPASSER Exceptions Attractive nascence doc 2 Licensee One who gets onto property with owners consent DUTY TO WARN THEM OF KNOWN DANGERS 3 Invitee One who comes onto property for business situation Defenses to Negligence 1 Contributory negligence A defense which bars a plaintiff from recovery if his own negligence contributed to his injury 2 Comparative Negligence Jury assigns a of total fault to plaintiff A B Plaintiff will recover if his negligence as not greater than the def C Plaintiff award is diminished by amount proportional to of his negligence negligence 3 Assumption of the Risk Baseball game hit in face with baseball not liable assumed risk Remedies 1 Sue for Damages 2 For Assets Injunction Court order requiring person to do or refrain from doing a particular thing mandatory junction restraining order Procedure to enforce a right Damages 1 Compensatory Damages for actual loss suffered Medical bills time loss from work pain suffering Mitigation Non breaching party is under a duty to minimize damages 2 Nominal damages Tokin sum awarded to establish that a legal right has been violated even though no economic harm has been done 3 Liquidated damages Amount which the parties to a contract agree Must be paid in the even of a breach Must be reasonable amount for court to enforce 4 Punitive damages Damages awarded to the plaintiff to punish defendant for his willful malicious act For intentional Tort In Ohio most Juries prevailing party is not to recover attorney fees Exceptions Intentional Tort Contract provides for it If allowed by specific statute Criminal Law Defined by statute made by legislature Federal criminal statues federal income tax returns state criminal statues municipal criminal statutes speeding tickets Misdemeanor Crime punishable by one year or less in prison I Felony Crime punishable by more than 1yr in prison To Be Convicted The Act Intent Mens Rea The guilty state of mind Mapp VS Ohio Dora Lee Mapp accused of hiding a fugitive Called a lawyer and he says to not let police in WRONG ADVICE Police search house and don t find fugitive but do find obscene photos and put her in jail although they were not her photos Evidence obtained in violation of U S Constitution is unusable as evidence in both state federal court Exclusionary Rule Improperly obtained evidence is excluded from trial Search Warrant Alpha David to justify search 1 Eye witness 2 Issued by judge magistrate and describes things to seize in the place to be searched Ex Address Where can police seize items not in warrant If item is in plain view Items seized incident to lawful arrest Items in automobile being driven in area where there is probable cause where contraband can could be found Arrest 1 With warrant Issued by judge after probable cause is established that a 2 Without warrant And felony if probable cause exists Misdemeanor named person committee a crime committed in officer presence Marinda VS Arizona 1966 23 yr old man can t read write Rapes a woman and police get him to confess and he goes to prison Lawyer remembers 5th amendment Makes argument Prior to custodial interrogation the police must inform suspect 1 they have right to remain silent 2 any statement he makes may be used as evidence against him 3 right to an attorney during questioning 4 if he cannot afford an attorney one will be appointed for him After such warnings are given police can question suspect only if he voluntarily knowingly intelligently waved his rights Police don t have to read rights if 1 No confession is obtained overwhelming evidence is obtained 2 noncustodial interrogation suspect is deprived of his freedom of action 3 Spontaneous unsolicited confession Gideon VS Wain Right 1963 Poor people felony cases are entitled to attorney at state expense Criminal Procedure Prosecutor executive branch vs attorney Methods to convict 1 Confession 2 Eye witness 3 Testimony of an accomplice 4 Circumstance evidence Physical means motive opportunity Judge does sentencing Pre Sentence Investigation PSI Background check Plea Bargaining Process where accused and prosecutor agree on satisfactory disposition subjected to courts approval Probation granted by trial judge Double Jeopardy Second prosecution for same crime one first trial is completed Can t be trialed for same crime twice Indictment Accusation made against a person made by a grand jury upon request of prosecutor Marcus VS Illinois Successive federal state and prosecution based upon same conduce des not violate Double Jeopardy of fifth amendment Legal Entity Entity that can function
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