pls 455 notes
pls 455 notes POLS 4550
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This 2 page Class Notes was uploaded by Danielle Smart on Thursday March 3, 2016. The Class Notes belongs to POLS 4550 at California State University Chico taught by Sally Anderson in Winter 2016. Since its upload, it has received 21 views. For similar materials see Legal Para Professional in Political Science at California State University Chico.
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Date Created: 03/03/16
Bill of rights and Tort Law Thursday, February 25, 2016 2:44 PM Right to a jury trial - Which amendment provides right to a civil jury trial? ○ 7th What is a tort? - A tort is a civil wrong beyond a breach of contract for which the law provides redress. - The law of tort focuses on the private rights of redress. Torts Focus - 2 main categories 1. INTENTIONAL TORTS i. Generally committedd by a knowing party 2. Negligence i. Probably most important and heavily tested cause of action in torts 1) Did the defendant as would a reasonable prudent would Why are tort/ civil claims important? - To the individual ○ To be fair ○ we aren't responsible for what others do - To the public ○ Accident prevention ○ Holds us accountable ○ Spreads the cost Responsible party pays cost of damage caused - To the legal System ○ Provides redress without criminal act Basic intentional torts - To the person: ○ BATTERY ○ ASSAULT ○ FALSE IMPRISONMENT ○ IIED - Intentional Infliction of Emotional Distress Negligence [CA Civil Code Section 1714(a)] Negligence Elements 1. D had legal duty Elements Restated 1. Duty -legally recognized relationship between the parties 2. Standard of care - the required level of expected conduct 3. Breach of Duty - D's act must have breached the required level of expected conduct 4. Cause-in-fact -P's harm must have the required nexus to the D's breach of duty 5. Proximate cause - There are no policy reasons to relive the D of liability 6. Damages- the P suffered a cognizable injury Why is negligence most litigated tort? - Because the elements are easily outlined but very complex. ○ Duty - Why? Standard of Care? Breach of duty? Cause in fact? Proximate Cause? Damage Premises Liability POLS 455 Page 1 Premises Liability - An owner occupier or lessor of land and premises can be liable for dangerous conditions on the premises. - The O/O/L is under the duty to exercise ordinary care in the use or maintenance of the premises in order to avoid exposing persons to an unreasonable risk of harm. POLS 455 Page 2
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