沙丽金版法律英语 PPT
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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.
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
.
3
Intentional Torts
.
4
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.
Criminal law recognizes degrees of crimes involving physical contact.
There is but a single tort of battery.
.
11
Battery
.
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
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
精选ppt课件
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
精选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.
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.
whipping a horse on which a plaintiff was riding, causing the plaintiff to fall and be injured
(a nurse) failing to warn a blind patient that he is headed toward an open window, causing him to fall and injure himself
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
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
intentional conduct that results in extreme emotional distress
Elements
The defendant must act intentionally or recklessly;
IIED
the defendant's conduct must be extreme and outrageous; and
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
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.
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
Elements
The defendant must act intentionally or recklessly;
IIED
the defendant's conduct must be extreme and outrageous; and
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
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.
沙丽金版法律英语
As distinguished from battery, assault need not involve actual contact—it only needs intent and the resulting apprehension.
wielding a knife
沙丽金版法律英语
Assault
Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine.
沙丽金版法律英语
General
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.
沙丽金版法律英语
Assault
Definition
(in common law) an intentional act that creates an apprehension of an imminent harmful or offensive contact
Assault and battery
沙丽金版法律英语
General
Underlying policy considerations
wielding a knife
沙丽金版法律英语
Assault
Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine.
沙丽金版法律英语
General
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.
沙丽金版法律英语
Assault
Definition
(in common law) an intentional act that creates an apprehension of an imminent harmful or offensive contact
Assault and battery
沙丽金版法律英语
General
Underlying policy considerations
1a-legal families沙丽金版法律英语
Rather than legislate to amend the law, the King created the court of Chancery, which could grant a discretionary relief in equity to correct the common law.
The establishment of some royal courts at Westminster The expansion of their jurisdiction The disuse of the local courts The appearance of the common law
The Common Law in the US
Evolution
‘Legal Separation’
Because
of the early independence of the US, the common law here has evolved separately from that of England and of other Commonwealth countries, who became independent only fairly recently.
Байду номын сангаас
A Brief History of Ancient Rome
The Western Roman Empire The Eastern Roman Empire (Byzantium)
Invasions of the ‘barbarians’
The Huns The Germanic peoples
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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
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
Definition
an enactment that restricts the time within which legal proceedings may be initiated
Objective
designed to prevent claims from arising after all evidence has been lost or after the facts have become obscure through the passage of time, or the death or disappearance of witnesses
False Imprisonment
Definition
the detention of a person in a bounded area without justification or consent
Elements
intent to confine a person within a certain area
actual confinement awareness of the confinement by the
person so confined
False Imprisonment
absence of a reasonable means of escape
Remedies
A court may issue a writ of habeas corpus to release a party from unlawful restraint.
the conduct must cause the plaintiff to suffer severe emotional distress.
Examples
A defendant refused to inform a plaintiff of the whereabouts of the plaintiff's child for several years, though that defendant knew where the child was the entire time.
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
Property torts
trespass to land trespass to chattels (personal property) conversion
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
As distinguished from battery, assault need not involve actual contact—it only needs intent and the resulting apprehension.
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.
against societal benefits
Intentional Torts
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
Application
The defendant must raise the defense before the court upon answering the plaintiff's complaint.
Statute of Limitations
If not, he is regarded as having waived the defense and will not be permitted to use it in any subsequent proceedings.
Statute of Limitations
Function
The statute of limitations is a defense that is ordinarily asserted by the defendant to defeat an action brought against him after the appropriate time has elapsed.
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.
IIED
A defendant sent a letter to a plaintiff falsely informing the person that a close family member had been killed in an accident.
Statute of Limitations
“Offensive" contact
contact that would offend a person’s sense of personal dignity
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
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
Definition
an enactment that restricts the time within which legal proceedings may be initiated
Objective
designed to prevent claims from arising after all evidence has been lost or after the facts have become obscure through the passage of time, or the death or disappearance of witnesses
False Imprisonment
Definition
the detention of a person in a bounded area without justification or consent
Elements
intent to confine a person within a certain area
actual confinement awareness of the confinement by the
person so confined
False Imprisonment
absence of a reasonable means of escape
Remedies
A court may issue a writ of habeas corpus to release a party from unlawful restraint.
the conduct must cause the plaintiff to suffer severe emotional distress.
Examples
A defendant refused to inform a plaintiff of the whereabouts of the plaintiff's child for several years, though that defendant knew where the child was the entire time.
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
Property torts
trespass to land trespass to chattels (personal property) conversion
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
As distinguished from battery, assault need not involve actual contact—it only needs intent and the resulting apprehension.
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.
against societal benefits
Intentional Torts
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
Application
The defendant must raise the defense before the court upon answering the plaintiff's complaint.
Statute of Limitations
If not, he is regarded as having waived the defense and will not be permitted to use it in any subsequent proceedings.
Statute of Limitations
Function
The statute of limitations is a defense that is ordinarily asserted by the defendant to defeat an action brought against him after the appropriate time has elapsed.
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.
IIED
A defendant sent a letter to a plaintiff falsely informing the person that a close family member had been killed in an accident.
Statute of Limitations
“Offensive" contact
contact that would offend a person’s sense of personal dignity