TORTS OUTLINE
I. Steps in Trial – (most errors at 3, 3a, 4b, (especially at) 6 and 8)
1. Complaint Filed
a) D. Moves to Dismiss
b) D. Moves for Summary Judgment
c) D. Answers
d) Discovery
e) Jury Selection
2. Opening Statements
3. P’s case-in-chief [evidence]
a) D. Moves for Directed Verdict #1
4. D’s case-in-chief [evidence]
a) P’s rebuttal
b) P/D move for Directed Verdict #2
5. Closing Arguments
6. Jury Instructions
7. Verdict
8. Move for JNOV
II. Intentional Torts
A. General Notes on Intentional Torts
1. Intent
a) Intent means either…
1. Purpose or desire, or
2. Knowledge to a substantial certainty
(a) Regarding intentional torts, there is no liability unless the D was purposeful or knowing as to the consequences of the act.
b) Transferred Intent
1. Intent transfers from tort to tort (Battery, Assault, and False Imprisonment, but not IIED), and also from victim to victim
(a) If you intend to commit an assault, but inadvertently commit a battery, the intent from the assault “transfers” to the battery.
(b) Also, if you intend to batter A, but accidentally batter B, your intent transfers from A to B (an assault case probably remains for A to pursue).
c) Insane and Immature Persons May Have Intent
1. A child is liable as long as that child is capable of forming the intent required for the tort, or if he can “appreciate” the harm that the act did or will cause (Garratt).
2. Insane persons are liable, unless the tort requires malicious conduct, in which case the insane person is not liable.
2. “Offensive” means the action would offend a reasonable person’s sense of dignity – it is an objective standard.
a) This is flexible – an action by a 5-year old may not be offensive, but the same action by a 35 year old may be offensive.
3. Proof of damage is not required.
a) Damages are assu
significant delay), harmful or offensive touching.
2. Usually words must be accompanied by an act or gestures (shaking a fist, pointing a gun).
3. Actual intent and actual ability to carry out threat is irrelevant – intent to cause apprehension is sufficient.
c) False Imprisonment (FI)
1. an act or omission by the D with the intent to confine (or assault or batter) any person (not just a particular one), resulting in actual confinement, with victim either being aware of the confinement at the time it takes place, or suffering an injury resulting from the confinement, where victim expresses no consent to the imprisonment.
Though this is typically done through a physical barrier, it can be carried out through threats of violence or threats to valuable property that ultimately confines the victim.
