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Legal Studies Torts class 8

by: Paget Kern

Legal Studies Torts class 8 LGS 200

Marketplace > University of Alabama - Tuscaloosa > Business > LGS 200 > Legal Studies Torts class 8
Paget Kern

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About this Document

Covers torts, such as assault, defamation, and distress of bystander
Legal Studies Honors/ Legal Environment of Business
Mr. Brian Turner
Class Notes
Legal Studies, Legal Environment of business, torts, LGS
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This 3 page Class Notes was uploaded by Paget Kern on Saturday February 6, 2016. The Class Notes belongs to LGS 200 at University of Alabama - Tuscaloosa taught by Mr. Brian Turner in Winter 2016. Since its upload, it has received 13 views. For similar materials see Legal Studies Honors/ Legal Environment of Business in Business at University of Alabama - Tuscaloosa.


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Date Created: 02/06/16
Legal Studies Chapter 12 Torts notes not on slides Class 8 A little vocab  Special: can put a dollar on o Broken car, money to fix… calculate a number. Expenses  Tort phasor: the defendant  General: embarrassment, ruined reputation, pain and suffering  Punitive: To punish wrongdoer o McDonald coffee… grandmother gets coffee, served 185, got third degree burns 33 percent body o To punish McDonalds they had to pay 2.1 million to woman, but reduced to 400000 Critics of tort law  Frivolous lawsuits… slip and fall but no witness, or your fault? But then sue McDonalds  People can make a quick buck by filing a lawsuit mentality REFORM  Put a cap on unquantifiable fees o 20-30 percent. Losing party pays all expenses  Federal: fairness act of 2005 o cut down on class action suit (drugs and side effects... everyone has same sue reason) o Look at plaintiffs all over, favor plaintiff or defendant? Shopping for a bias jury o Large scale class action, has to be done on federal system. Forum shopping cut down Intentional: person caused injury to plaintiff, knew consequences would result  Transferred: threatening and hitting someone. If I hit you, you can sue for battery  If I try to hit you but hit someone else, they can claim battery although I tried to hit you instead of friend Assault  No contact necessary: someone hits you on jaw o criminal is assault o threat is civil assault without any contact  Battery civil: completion of assault  Reasonable person standard: with assault, was the person reasonable?  Battery: o If I hit you and cause damage… medical expenses and pain and suffering  False imprisonment o Physical barriers, hold with physical force o threat of physical restraint o NOT: threat of a lawsuit, “I’m gonna sue you if you leave” and you stay o Merchant protection statutes: investigating someone for shoplifting, can use reasonable steps to investigate whether or not they are stealing  Cockerill shipping in Walmart, accused of shoplifting  Emptied pockets, disrobed, took off kidney transplant bandage. Sues Walmart for false imprisonment, held against will… can’t walk outside in boxers  Tried merchant protection: NOT REASONABLE Emotional Distress of Bystander  Most require some physical or illness symptom o Westboro Baptist church protests at Iraq veteran funeral o Burying son, protest beliefs, emotional distress o Won case district court, but decision overturned due to right of freedom of speech  REALLY HARD without jury as it goes up, judges apply law on constitutional level not emotional  Example o Standing in road waiting to be picked up. Another student hits you as you wait. Your sibling about to get you sees you get hit.  Claim against student that hit you. Sibling claims emotional distress of bystander  Close relationship, actually saw the accident, and display a physical symptom (shock?)… Generally prevail on bystander claim DEFAMATION  ORALY: slander o Proof of special damaged… did you lose your job? Lost wages due to lie? o Claims someone has HIV or mental issues, no proof needed. Assume someone is sleeping around, no proof of damages  PRINT: libel o Opinions: protected speech o lie: false statement of fact, “publication”  Ex “Charlie is stupid” vs. “Charlie doesn’t have law degree”... second is liable  Even text messages… written statements, easily proved  Example o Mr. Lawrie has brain hemorrige, treated. Goes into ICU and then is moved o Doctor says “I’m surprised you’re alive”… said “you’ll survive” when Lawrie asked for pjs instead of hospital garment o Family claimed on online post that Dr. McKee had horrible bedside matters o McKee sues for defamation, but family wins because he actually said these words o Exception  Immune speech: try to make witness look like they’re uninformed or lying, cannot be sued for that  Legislative debate and make wrong claim. Cannot be sued  Employer writes wrong statement of fact. Not disseminated to everyone, cannot be sued


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