I. Three Stagesa. The Factsb. The Trial c. The AppealII. Civil Litigationa. P brings case and D respondsIII. Jurisdictionsa. Each jurisdiction in the US has its own tort lawIV. Tort Lawa. Tort Law is the law governing compensation for intentionally or accidentally inflicting injuryb. Aims: i. Fairness – Corrective Justice; if you are responsible for an injury, you should pay for it; if you are injured, you should be paid; “lottery”:1. Arcane Rules2. Jury ii. Efficiency – reduce the total costs of accidents (court costs, etc.); costly, and most is paid by liability insurance1. Deterrence – avoid any accidents except those that are cost justified; controversial2. Cost Spreading (Loss Distribution) – works when there is an award i. Compensation – partialV. Court Process:a. Complaint: cause of action; allegationsb. Answer: rebuttal defenses (address claims of plaintiff) and affirmative defenses (new defense for defendant)c. Motion Practice: motion to dismiss, for exampled. Discovery: asking for the pertinent info for the case; document discovery, interrogatories, depositionse. Trial: plaintiff makes his or her case; defendant then puts forth his or her case – rebuttal or affirmative defensef. Jury Instructions: judge can ask for suggestions from attorneys; judge gives a list of the legal rules to a juryg. Verdict: by a preponderance of the evidence; judge enters judgment on the verdict; could be a JNOV motion (renewed motion for JMOL)h. Appeal: court is faced with the question of what the appellant is disagreeing with; issues of law only; one party complains that there was an error of law at the trialChapter 1: Intentionally Inflicted Harm: The Prima Facie Case and DefensesI. Physical Harmsa. Trespass to Person, Land, and Chattels i. Vosburg v. Putney1. Rule: Battery is established by the intent to commit the unlawful act without regard to intent2. Putney kicked Vosburg during class which excited a prior injury3. Even though there was no intent to harm, the unlawful kick caused the injury, and therefore D is liable4. The class was called to order, so there was no “implied license” of the playground5. In Vosburg, there must be an intent to cause contact; Garrett case: pulling chair out from under a person – not intending contact, but having a substantial certainty that contact could be a result6. The Eggshell Skull – even though injury is not foreseeable, D is liable 7. The Restatement Rule: Battery (after Vosburg)a. An actor is subject to liability to anothe
ss of the physical damage caused thereon2. D entered P’s land to survey with chains, without authorization, to assert claim on the land, without marking trees or cutting bushes3. D entered P’s “close”4. Court can issue an injunction for trespass to land5. Trespassa. To Land – Any intentional unauthorized entry onto the land of another is trespass to land regardless if there is no injuryb. To Chattels – No trespass to chattels without injury or the owner being deprived of it (for a substantial amount of time)6. Definitionsa. Trespass Quare Clausum Fregit: Why he broke the close; a person’s unlawful entry on another’s land that is visibly enclosed iii. Intel Corp. v. Hamidi1. Rule: Under CA law, trespass to chattels does not encompass an electronic communication that neither damages the recipient computer nor impairs the functionality of the intranet.2. D, a former employee of P, sent unsolicited email messages to P employees over the company intranet, criticizing P’s employment practices
