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John Marshall Law School, Chicago
Bode, Dawn

Torts is an actionable civil wrong
Prima facie case- all of the elements in a case has been met
· Summary Judgment- Judgment rendered by a court in response to a motion made by one of the parties, claiming that the lack of question of material fact in respect to an issue warrants disposition of the issue warrants disposition of the issue without consideration by the jury
· Judgment N.O.V- A judgment entered by the trial judge reversing a jury verdict if the jury’s determination has no basis in law or fact
· Motion to Dismiss- plaintiff’s complaint does not state facts that show a good legal claim.
· “take all the facts stated in the complaint as if they were proved: even so, they do not show a valid legal claim”
· Compensatory damages elements- (Torts is a system of compensation) the injured person has the burden of proving damages and liability-
· Compensatory damages are intended to be exactly proportionate to the plaintiff’s actual Injury, so if minor fault causes great harm, the defendant must compensate for that harm. **no damages at all are awarded unless the defendant has wrongfully caused the injury
· *He/she has to prove he can recover any lost wages or lost earning capacity
· Medical expenses
· Pain and suffering endured, including mental or emotional pain
· Punitive damages- is awarded only when the tortfeasor has acted maliciously or wilfully or wantonly in causing injury. They are intend to provide a measure of added deterrence.
· Nominal damages-
· Establishing a Claim for Intentional Tort to Person or Property
· Pain and suffering- resulting in battery cases is not stand-alone distress, but is attached to or flows from some recognized tort
· Punitive Damages- malice or wanton misconduct
· Liability(Responsibility) and the Requirement of Fault
· Van Camp v. McAfoos- In order to establish a cause of action for battery, a plaintiff must plead and prove facts establishing the defendant’s wrongful conduct(intent)
· Intentional- Objective not subjective(what you intended does not matter)
· Purposeful desire- (direct and circumstantial evidence)
· Act is substantially certain to result in harm or contact… reasonable person knew or should have known
· Garratt v. Dailey- substantially certain to result in harm by removing the chair when P was about to sit down… speaks to infancy/child
· Children- can’t escape liability merely because of age; no liability to sue parents unless provided for. Children need to be old enough to form intent
· Transferred intent-
· intends a tort on one person, but commits it on another
· tortfeasor intends one but accomplishes another
· Hall v. McBryde- shooting at the youths in the car with a bullet and mistakenly hitting another person with that bullet
· Mentally disabled- not an absolute defense to liability but it makes it harder
· Polmatier v. Russ
· Policy reasons- somebody who has been wronged and someone who did. who should pay: victim vs. wrongdoer. Relatives should be keeping tabs of people who might be at harm to people; you can’t turn a blind; somebody in the family should be blamed. Discourage against faking it. If people think they can get away with it then there is a deterrence to stop people from doing it.
· Intentional Torts
· BATTERY-intentional infliction of a harmful or offensive contact with the person of the other or a third person
· Concept of Battery-
· Example: A intentionally punches B in the nose. A has committed battery
· Intent- on the part of the defendant to bring about harmful or offensive contact to the plaintiff’s person;
· Synder v Turk-Intent(he intended to cause a harmful or offensive contact by pushing her down to the patient’s opening.
· Harmful Contact- or
· direct or indirect touching that causes pain or bodily damage i.e; it will be sufficient if he sets in motion a force that brings about harmful or offensive contact to the plaintiff’s person
· Offensive contact- damaging to a reasonable sense of personal dignity and contact results
· Cohen v. Smith- His act was offensive by smoking in a person’s face even if he is not harmed in the sense of being physical pain or personal injury, a battery has occurred because a person of average sensitivity in P’s position would have her dignity offended
· Person of peculiar sensitivity cannot recover unless touching would be offensive under social standard
· Touching items closely associated with plaintiff’s body
· P need not be aware: It is not necessary that P have actual awareness of the contact at the time it occurs.
· Example: D kisses P while she is asleep. D has committed a battery
· ASSAULT- an act by defendant with the intent to place the victim in immediate apprehension of receiving a battery
· Policy of Assault-
· protects the plaintiff from emotional harm or psychological invasion.
· recognizing this behavior as violative and resolving their disputes in the court system is preferred as opposed to self help.
· Society balances unwanted contact with gregarious defendants
· Act by the defendant
· words alone are not sufficient… must be words plus some overt action
· i.e., clenching of the fist
· words can negate/undermine assault.
· Intent – (purposeful , substantially certain, transferred)
· Purposeful Intent- purpose or desire to put the plaintiff in apprehension of imminent harmful or offensive contact
· Garret v. Daley- seven year old pulls chair out from under a guest, the defendant acted with substantial certainty that a touching would occur
· Substantial Certainty- defendant knows, or should know, that the act is substantially certain to result in the plaintiff’s apprehension of imminent harmful or offensive contact
· Transferred Intent-
· intent to harm victim A but harm victim B;
· intent to commit tort A but accomplish tort B
· a threat to inflict harm unless P fulfills a condition that D is not entitled to require, demonstrates intent to assault.
· Immediate Appre

onscious but actual harm occurred- D locks a baby in a bank vault with a time lock and the baby starves. The baby is not conscious of the confinement, but suffers actual harm so discovery is permitted
· Cullison- due to his confinement, P claimed that he suffered chest pains…
· Defenses
· Consent- i agree to stay here to answer your questions
· Shopkeeper’s Privilege
· shopkeeper has the ability to use reasonable force when they have a reasonable belief that a person has taken a chattel from their store
· Can detain someone for shoplifting when:
· Must be reasonable grounds for detaining
· Detention must occur in store or on its immediate vicinity
· Reasonably force but not deadly
· Investigation must be conducted in a reasonable period of time (generally under 1 hour)…
· The 1983 Claim
· Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other persons within the jurisdiction to the deprivation of any rights, privileges or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
· this statute creates a federal cause of action– one governed by federal law.
· Person acting under color of state law
· Read broadly to include most anyone who harms another while employed by a state entity
· Deprivation of a right secured by federal constitution or law
· Usually a constitutional right like
· 14th A prohibits the state from depriving a person of “life, liberty, or property without due process of law.”
· 4th A prohibits the state from violating a person’s right to be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”
· 8th A prohibition against cruel & unusual punishment only applies to prisoners
· Standard is usually whether the official’s actions unreasonably interfered with the P’s rights
· Yang v. Hardin
· Cop and Chinese person case
· Failure to Intervene- present at a scene, aware of activity, fails to take reasonable steps to protect a victim from police misconduct, and had a realistic opportunity to intervene: Elements of FI
· Awareness of the activity
· Realistic opportunity to intervene