1. Chapter 1:
a. Ask self:
i. What is appellate court telling trial judge about handling of case?
ii. What does appellant claim that judge did wrong?
b. Lawsuit timeline
i. П files complaint
1. Complaint : sets forth the facts that П contends should mean the Δ is obliged to pay damages to the П
ii. Δ in response can:
1. File motion to dismiss for failure to state a legally valid claim (based on facts presented by plaintiff)
a. Means that even if all of what the plaintiff says is true even so it is clear that the law affords no relief, so that the complaint must be simply dismissed
2. Makes a motion for summary judgment
a. Summary judgment : appropriate if pleadings, depositions, answers to interrogatories, admissions on file together with any affidavits show there is no genuine issue as to any material fact; evidence must be viewed in light most favorable to П
b. Difference: the Δ brings additional facts to the courts attention in the latter and not in the former.
3. File an answer to П’s lawsuit, outlining the Δ’s version of the facts
a. Complaint and answer are the only essential pleadings to make a trial.
iii. Parties spend time investigating, negotiating, and often generate disputes about the discovery process
iv. Jury selection
v. Opening statements
vi. Plaintiff’s case
vii. Δ moves for directed verdict
1. Directed verdict : motion stating that now, once all of the evidence has been heard from the plaintiff, there is no basis for holding defendant responsible under law; judge makes this decision and jury does nothing
viii. If motion for directed verdict is denied, Δ puts on its case-in-chief
ix. Δ’s case is complete; П has opportunity to present rebuttal evidence
x. Either side may move for directed verdict
1. Legal standard for directed verdict: court must take strongest legitimate view of non-moving party’s (party not making the motion) evidence; after assessing evidence in this light, court determines that reasonable could not find come to a different conclusion
2. Judge may deny directed verdict, even if he feels there is only one reasonable outcome
xi. Attorney’s closing arguments
xii. Judge instructs jury on the law they are to apply
xiii. Jury retires and deliberates; then it returns with a verdict
xiv. Disappointed party can move for:
1. New trial; not a dispositive judgment, but a second chance
2. Judgment notwithstanding the verdict (JNOV): has same theory as directed verdict, but applied after jury makes a decision so that is appeals court wants to reverse JNOV, there is no need for a new trial (simply reinstate jury decision)
a. If an appellate court disagrees with the JNOV the verdict can simply be reinstated
b. JNOV sates that there is only one reasonable and correct outcome and thus seeks a dispositive judgment in the movant’s favor
3. Motion for a New Trial : Movant seeks not a dispositive judgment in its favor but rather a second chance
a. Asserts that the jury’s verdict looks very peculiar and that errors of sufficient importance occurred during the trial to suggest rather strongly that the jurors were prejudiced or mislead.
c. Major Stages at which trial judges make tort law mistakes
i. Granting or denying motions to dismiss the complaint
ii. Granting or denying motions for summary judgment
iii. A harmful or offensive touching of the plaintiff’s person with intent and causation. The touching can be indirect. The standard to determine if a touching is offensive is a reasonable person with ordinary sensitivity.
iv. Elements
1. Act by Δ
a. Act: External manifestation of the actor’s will
b. Refers to some volitional movement by the actor of some part of his body
i. Unconscious Acts : Typically are not sufficient acts for the establishing of liability for intentional torts
ii. Reflex Actions: Instinctive action where there is no time to think and choose, does not constitute volitional movement and therefore cannot be wrongful conduct.
1. A reflex in the sense of a blink, if a stone is thrown at you versus putting your hand out if you are about to fall because in the latter the mind has grasped the situation and dictated a muscular contraction in an effort to prevent the fall.
c. Acts by Incompetents
i. Persons who are not legally competent are still capable of volitional conduct
1. Insane persons or minors may be held liable for there acts
2. Intent – tricky/ambiguous – must intend the contact not the harm or offense
a. The П must show that the Δ did the act with the intent to inflict a touching on the plaintiff or a third person.
