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60257944 Bad Torts Flowchart
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Transcript of 60257944 Bad Torts Flowchart
Dedicated Exclusively to the California Bar Exam
Bar Review
TORTS &TORTS REMEDIES(Summary Flowcharts)
Copyright© 2009 by BarPassers Bar Review. All rights reserved.
No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and
retrieval system, without permission in writing from the publisher.
Printed in the United States of America.
BLANK
TORTS(Overview)
PERSON
Privacy
PROPERTY
Personal injury
Economic
Intrusion
Publicity
False Light
Comm. Approp.Deceit
Contract (Interference)
Negligence
Strict Liability
Emotional distress
Real
Personal
ReputationLibel
Slander
IS THE TARGET ) A
RESPONS. )?
WHAT ISB’S INJURY?
LIABILITY WIDENING
LIABILITY NARROWING
ACTUAL CAUSE
IDENTIFYB’S THEORY(IES)
INTENTIONAL: )’s Volitional Act and State of Mind
NEGLIGENCE: )’s Unreasonable Conduct
STRICT LIABILITY: )’s Abnormally Dangerous Activity, Defective Product or Animal
Intent
Subst. Certainty
WantonReckless
INTENT NEGLIGENCE STRICTLIABILITY
B
ª
Vicarious liab
Duty to controlContributionIndemnity
Death
Wrongful death action
Survival action
Survival
B
ª
Malicious prosecution/Abuse of process
19E
Conversion
Trespass
Person
Property
Zone of danger
) ‘s Act
Body Tort
Emotional Distress (Fright)
Physical injuryBystander ?
Intentional: Serious & outrageous
Negligent
Reputation/Privacy
Body
Business
Real
Personal
Î
Deceit
Nuisance
Emotions
Ï
Ï
Trespass
Defamation (Libel/Slander)
Invasion of Privacy
Assault
Battery
False Imprisonment
Intrusion
Public disclosure
False light
Commercial appropriation
Ï
Emotional Distress
Effect of Mistake
Î
Malicious prosecution/Wrongful institution of civilproceedings/Abuse of process
Public
Private
INJURY
Inducing breach of contract/Interference w/prospective business advant.age
Substantial certaintyINTENT
Transferred intent
INTENTIONAL
Exceeds Scope
DEFENSES
Necessity
Authority
Defense
Consent FraudIllegal
DisciplineArrestShopkeeper
OthersProperty
Public
Private
FelonyMisdemeanorPrevention
Self
19F
NEGLIGENCE
Affirmative Act
DUTY
Omission to ActBystander
Good Samaritan
General Rule: No Duty
Reas. care to foreseeable Bs
ExceptionsLand occupiersEmotional distressWrongful life
Special Relationship
Reliance
Creates the perilConduct
PromiseDuty to careDuty to warnDuty to control
Reasonable care underthe circumstances
STANDARDOF CARE
B in classType of harmExcuse
Î
Mental Illness
Custom
Emergency
Child (Adult activity?)
Carrier
Professional
Statute
LAND OWNERDUTY OF
Trad: Status of B
Modern: Reasonable
RC
Who is theB ?
Î
RC
AritficialConditions
NaturalConditions Activities
RCNo Duty(except trees)
Outside thePremises UnkownTrespasser No Duty No Duty No Duty No Duty
KnownTrespasser
License
Invitee
No Duty RC
RC
RC RC RC
Warn or Make safeKnown Dangers
Warn or Make safeKnown Dangers
Warn or Make safeKnown Dangers
19G
DEFENSES
Unexcused violation of statute
BREACH
Res ipsa loquitur
Reasonable person
Gravity/Likelihood
)
Burden/Utility
Actual
CAUSATION
But For
Substantial Factor
LegalWagonMound
Dependent
Unforeseeable?
Type
Probably negligence
Probably ªB did not contribute
Summers v. Tice
Direct
Indirect
Foreseeable result?
Extent
Market Share
Effect ofIntervening Force
Foreseeable result?
PolemisExtent
Type
Independent
Abnormal?
Comparative negB ‘s Conduct
Assumption of Risk
Pure
Implied
Reckless )
Last Clear Chance
DAMAGES
Contributory neg
Modified
Express
19H
STRICT LIABILITY
)ACTIVITY
AbnormallyDangerous
DefectiveProducts
AnimalsDomestic
Wild
High Risk
Cannot Eliminate Risk
Uncommon in Area
's
Intentional (Battery)
Negligence
Strict Liability
Implied Warranties
Express Warranty
Merchantability
Fitness forparticular purpose
Buyer / User / Bystander
Mfr / Retailer / Assembler
Franchisor
):
B:
):
Parties
Goods
Real Prop
Services
New
Used
Defect
Manufacturing (Flaw)
Design
Warning (Lack of)
Consumer Contemplation
Danger/Utility (Feasible Alternative)
Personal Injury
Property Damage
Economic loss
DamagesProduct Itself
Other
Product Misuse
's FaultBContrib/Comparative Fault
Assumption of Risk
Foreseeable
UnforeseeableDefenses
STRICTPRODUCTSLIABILITY
* Also Discuss:1) Negligence2) Warranties
19I
Concerning B
Individual/Group
Innuendo
Colloquium
) s Fault
Intentional — ok
Negligence — ok
Strict Liability — No
Initial Publisher
Repeaters
Disseminators
Responsible ) s
Damaging to B Slander per se
Ordinary slander
Libel
Business/Profession
Unchaste woman
Disease
Crime
Inducement
DEFAMATION
Published to 3d party
(Communicated)
DefamatoryStatement of
Fact
Reputational harm
Fact vs. opinion
Common LawUse of extrinsic facts
Also consider:
INVASION OF PRIVACY
EMOTIONALDISTRESS
Intentional
Negligent
1. Is the B a public figure or private person?
2. Is the subject matter a public or private concern?
-- Standard-- Damages
3. Was the standard violated?
A. Public figure B v. Media ) New York Times Malice
B. Public figure B v. Non-Media ) New York Times Malice
C. Private B v. Media ) (Public Negligence - actual damages Non-Media ) concern) Malice - presumed damages
D. Private B v. Non-Media ) (Private Negligence -presumed damages concern) Strict Liability ? ? ?
ConstitutionalLaw
Overlay(Approach)
Defenses
Truth
Retraction
Consent
Absolute
Conditional
Spousal
Govt.
Interest
Reporting
Fair Comment
C/L PrivilegesModern - B/P on B
Trad. view - B/P on )
19J
TORT REMEDIES
ASSAULT
BATTERY
FALSE IMP.
MENTAL DISTRESS
- Nominal ok- Compensatory- Punitives ok if) acts with malice
Ouster
Severance
Injury
Mesne damages
Diminution in value or
Rental value or
Benefit to )
Cost of repair
Diminution in value or
Cost of repair
TRESPASSTO R.P.
Public OK if special type injury
PrivatePermanent nuisance-Diminution in value
Loss of use, enjoyment
NUISANCE
TRESPASS CHATTEL Yes, depends on nature, extent of damages(dim in value or cost of repair)
CONVERSION Yes, FMV
Nominal
Compensatory
Punitive
General
SpecialDestroy
Damage
TakeForeseeable
CertainUnavoidable
Property(Real/personal)
Personal injury
NEGLIGENCEAll losses prox'ly caused
Caveat: economic loss
Caveat: mental distress alone
(No punitives)
STRICT LIABILITY All loses prox'ly caused Caveat: economic lossLimit: Damages flowing from dangerous propensity
(No punitives)
PRODUCTS Depends on Theory: See above
DRI
TYPESOF
DAMAGES
DAMAGES
19K
RESTITUTION
Constructive Trust
Equitable Lien
Replevin
EjectmentLegal
Equitable(Quasi-K)
Tort liability theory
Inadequacy
Feasibility
Balancing
Property Rt.
Defenses
ofLegal Remedy
Damages
Ejectment
Replevin
Speculative
Multi suits
Real property
Irrep. injury
Jurisdiction
Mandatory vs. Prohibitory
When?
Who?
What torts?
Laches
Unclean Hands
Free speech
Criminal acts
Traditional view
Modern view
Personal
Business
Nat. security
INJUNCTION
TROPrelim. Inj.
Perman. Inj.
DEFAMATION
Damage to reputation Presumed? Libel/Slander Per SeCaveat: Gertz - Actual DamagesSpecial Pecuniary losses always recoverablePunitive-maybe
PRIVACY
Publicity - Distress plus special damagesIntrusion - Distress plus special damagesFalse light - Distress plus special damagesComm. approp. - Benefit to
FRAUD/DECEIT Maj: expectation (benefit of bargain)Min: out of pocket
INTERFERE W/ K Maj: tort measureMin: K. measure
PROSP. ADV. Caveat: speculative
)DAMAGES(continued)
19L
LAW SCHOOL BENEFITS*
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Volume I – 8 First Year Subject Outlines - Contains detailed substantive law outlines for all First-year subjects including Torts & Torts Remedies, Contracts & Contracts Remedies, Real Property, Constitutional Law, Criminal Law, Criminal Procedure and Evidence.
Volume II – 6 Upper Division Subject Outlines - Contains detailed substantive law outlines for Upper-level subjects including Wills, Trusts, Community Property, Business Associations (Corporations, Agency, Partnership & LLC’s), Civil Procedure and Professional Responsibility.
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$450 down payment locks in Bar Review Course tuition & entitles Enrollee to the above, plus:
1. First Year Program, including:
a. iPod® - Enrollees receive an iPod® containing almost 45 hours of instruction, including substantive review and essay writing workshops for Torts, Contracts, Criminal Law, Real Property and Civil Procedure. The substantive review lectures provide an overview of each subject, while the essay writing workshops highlight frequently tested issues of law, teach issue-spotting approaches and explain how to properly develop and organize an essay answer.
b. First Year Volume - This book contains flowchart handouts and essay hypotheticals for the review lectures and writing workshops contained on the iPod®. The flowcharts are designed to be used with the review lectures to give students a visual framework for learning and organizing the law. They are also used in the workshops to develop issue-spotting approaches and to simplify exam outlining. This book also contains 15 additional essay hypotheticals with model answers for practice. These may be submitted for grading; additional charges apply.
2. Baby Bar Review (if applicable) - BarPassers offers a complete home study review program for students planning to take the June or October Baby Bar Exam. Enrollees receive an iPod® containing substantive review lectures and essay writing and multiple choice skills workshops for Torts, Contracts and Criminal Law. Enrollees also receive our Baby Bar Review Volume which contains flowchart handouts for the review lectures and essay and multiple choice hypotheticals for the workshops. Additional essay and multiple choice questions are included in the volume for practice. Exam grading is also available for an additional charge. For added flexibility, home study programs are available at any time.
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b. Upper Division Volume - This book contains flowchart handouts for the review lectures contained on the iPod®. The flowcharts are designed to be used with the review lectures to give students a visual framework for learning and organizing the law. They can also be used to develop issue-spotting approaches and help to simplify exam outlining.
*Effective 08/11/09; subject to change without notice.
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