沙丽金版法律英语课件
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沙丽金版法律英语ppt课件
against societal benefits
3
Intentional Torts
4
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
Tort Law
1
General
Definition
Tort law is the body of law that deals with civil wrongs, except those that arise from contract problems.
Purpose
to compensate an injured party through the award of damages for the injuries incurred during a tortious act
9
Assault
With the tort of assault, a perceived threat by the victim is paramount.
＊A defendant throws a rock at a sleeping victim.
He can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
Torts against the person
assault battery false imprisonment intentional infliction of emotional distress
3
Intentional Torts
4
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
Tort Law
1
General
Definition
Tort law is the body of law that deals with civil wrongs, except those that arise from contract problems.
Purpose
to compensate an injured party through the award of damages for the injuries incurred during a tortious act
9
Assault
With the tort of assault, a perceived threat by the victim is paramount.
＊A defendant throws a rock at a sleeping victim.
He can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
Torts against the person
assault battery false imprisonment intentional infliction of emotional distress
沙丽金版法律英语复习.ppt
精选文档
10
Battery
Definition
(at common law) an intentional act causing an unconsented harmful or offensive contact with a person
Criminal battery and tortious battery
Intent
Intent is most often proved through circumstantial evidence—the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.
Tort Law
精选文档
General
Definition
Tort law is the body of law that deals with civil wrongs, except those that arise from contract problems.
Purpose
to compensate an injured party through the award of damages for the injuries incurred during a tortious act
精选文档
9
Assault
With the tort of assault, a perceived threat by the victim is paramount.
＊A defendant throws a rock at a sleeping victim.
沙丽金版法律英语 PPT
Criminal law recognizes degrees of crimes involving physical contact.
There is but a single tort of battery.
Battery
“Harmful" contact
contact that objectively intends to injure, disfigure, impair, or cause pain
Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine.
General
Subcategories
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
Battery
Definition
(at common law) an intentional act causing an unconsented harmful or offensive contact with a person
Criminal battery and tortiouseral
There is but a single tort of battery.
Battery
“Harmful" contact
contact that objectively intends to injure, disfigure, impair, or cause pain
Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine.
General
Subcategories
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
Battery
Definition
(at common law) an intentional act causing an unconsented harmful or offensive contact with a person
Criminal battery and tortiouseral
沙丽金版法律英语
The person falsely imprisoned may sue the offender for damages.
IIED
Definition
★short for intentional infliction of emotional distress
★referred to as the tort of outrage in some jurisdictions
yelling the word snake to a person whom you know is in fear of snakes
Criminal assault and tortious assault
In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
against societal benefits
Intentional Torts
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
Criminal law recognizes degrees of crimes involving physical contact.
IIED
Definition
★short for intentional infliction of emotional distress
★referred to as the tort of outrage in some jurisdictions
yelling the word snake to a person whom you know is in fear of snakes
Criminal assault and tortious assault
In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
against societal benefits
Intentional Torts
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
Criminal law recognizes degrees of crimes involving physical contact.
沙丽金版法律英语
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
wielding a knife
Assault
yelling the word snake to a person whom you know is in fear of snakes
Criminal assault and tortious assault
In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
Torts against the person
t intentional infliction of emotional distress
Property torts
trespass to land trespass to chattels (personal property) conversion
沙丽金版法律英语
societal benefits
Intentional Torts
General
• Definition
– any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
– As distinguished from battery, assault need not involve actual contact—it only needs intent and the resulting apprehension.
• wielding a t
– Intent is most often proved through circumstantial evidence—the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.
• yelling the word snake to a person whom you know is in fear of snakes
• Criminal assault and tortious assault
– In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
Intentional Torts
General
• Definition
– any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
– As distinguished from battery, assault need not involve actual contact—it only needs intent and the resulting apprehension.
• wielding a t
– Intent is most often proved through circumstantial evidence—the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.
• yelling the word snake to a person whom you know is in fear of snakes
• Criminal assault and tortious assault
– In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
沙丽金版法律英语
2021/10/10
15
IIED
Definition
★short for intentional infliction of emotional distress
★referred to as the tort of outrage in some jurisdictions
intentional conduct that results in extreme emotional distress
A court may issue a writ of habeas corpus to release a party from unlawful restraint.
The person falsely imprisoned may sue the offender for damages.
2021/10/10
10
Battery
Definition
(at common law) an intentional act causing an unconsented harmful or offensive contact with a person
Criminal battery and tortious battery
2021/10/10
7
Assault
Definition
(in common law) an intentional act that creates an apprehension of an imminent harmful or offensive contact
Assault and battery
As distinguished from battery, assault need not involve actual contact—it only needs intent and the resulting apprehension.
沙丽金版法律英语
Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine.
.
General
Subcategories
.
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
.
Intentional Torts
.
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
Intent
Intent is most often proved through circumstantial evidence—the defendant’s conduct, in tபைடு நூலகம்e context of his or her surroundings and what he or she presumably knew and perceived.
Tort Law
.
General
.
General
Subcategories
.
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
.
Intentional Torts
.
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
Intent
Intent is most often proved through circumstantial evidence—the defendant’s conduct, in tபைடு நூலகம்e context of his or her surroundings and what he or she presumably knew and perceived.
Tort Law
.
General
沙丽金版法律英语详解
Intentional Torts
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
Intent
Intent is most often proved through circumstantial evidence—the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
wielding a knife
Assault
yelling the word snake to a person whom you know is in fear of snakes
CrimiLeabharlann al assault and tortious assault
In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
沙丽金版法律英语
General
•Underlying policy considerations
maintenance of a peaceful society deterrence social responsibility the balancing of economic interests against societal benefits
General
•Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead. Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine.
Tort Law
General
•Definition
Tort law is the body of law that deals with civil wrongs, except those that arise from contract problems.
•Purpose
to compensate an injured party through the award of damages for the injuries incurred during a tortious act
沙丽金版法律英语ppt课件
5
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
wielding a knife
8
Assault
yelling the word snake to a person whom you know is in fear of snakes
Criminal assault and tortious assault
In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
10
Battery
Definition
(at common law) an intentional act causing an unconsented harmful or offensive contact with a person
Criminal battery and tortious battery
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
wielding a knife
8
Assault
yelling the word snake to a person whom you know is in fear of snakes
Criminal assault and tortious assault
In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
10
Battery
Definition
(at common law) an intentional act causing an unconsented harmful or offensive contact with a person
Criminal battery and tortious battery
沙丽金版法律英语.ppt
General
Underlying policy considerations
maintenance of a peaceful society deterrence social responsibility the balancing of economic interests
against societal benefits
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
Torts against the person
assault battery false imprisonment intentional infliction of emotional distress
Property torts
trespass to land trespass to chattels (personal property) conversion
Assault
With the tort of assault, a perceived threat by the victim is paramount.
＊A defendant throws a rock at a sleeping victim.
He can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
沙丽金版法律英语
Assault
Assault
yelling the word snake to a person whom you know is in fear of snakes
Criminal assault and tortious assault
In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
Assault
With the tort of assault, a perceived threat by the victim is paramount. ＊A defendant throws a rock at a sleeping victim.
He can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
Intent
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead. Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine.
1b-case law沙丽金版法律英语
Although the Supreme Court has
changed the law and overruled the decision reached in Case 1, Plaintiff A still cannot bring his suit again and prevail in his claim:
The Common Law Doctrine of Precedent
The Doctrine of Precedent
Also the Principle of Stare Decisis:
Past judicial decisions are formally and generally binding for the disposition of factually similar present controversies.
The Weight or Influence of a Precedent
It is greatly affected by whether it was a
„higher court‟ decision or a „lower court‟ decision:
A „higher court‟ decision will have greater weight as precedent than a „lower court‟ decision. The decisions of a trial court are not likely to have much force as precedent except in future cases in the same trial court.
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