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PRL101 lecture slides, March 1, 2011
 

PRL101 lecture slides, March 1, 2011

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  • When running for governor, campaigning at CSU Long Beach
  • Someone in the crowd hit him with an egg. Assault? Battery? Apprehension v. fear
  • What if the egg had hit his security detail? Still assault/battery?
  • Rita Cantrell v Target: “The lady pictured attempted to use a counterfeit 100 dollar bill today at 11:40 a.m., it was an older style bill, series 1974. She had a large Belk’s bag with her so she may have hit the mall today.” Verdict: $100K compensatory; $3m punitive; just over 1 hour of Target’s gross profits.

PRL101 lecture slides, March 1, 2011 PRL101 lecture slides, March 1, 2011 Presentation Transcript

  • Chapter 12: Torts
  • Brief
    • Case
      • McMillan v McMillan, No. 281043 (Ala. Civ. App. June 4, 2010)
    • Facts?
    • Issue?
      • Whether “sole property” in an postnuptial agreement includes a residence owned by one spouse before marriage when both spouses lived together in the house before signing the agreement.
  • What is a Tort?
  • Definitions
    • Tort is the law of civil wrongs
    • Tort law usually provides compensation for harm
    • Tort law may provide punishment to deter future wrongdoing.
    • Categories
      • Intentional torts
      • Negligence
      • Strict liability
  • Intentional Torts
  • Intent
    • Dennis Mitchell?
  • Ala. Code §13A-11-53
    • Anyone who carries concealed about his person brass knuckles, slingshots or other weapon of like kind or description shall, on conviction, be fined not less than $50.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
  • Mr. Wilson
  • Did Dennis have intent?
  •  
  • Intent
    • Purpose to produce result or
    • Knowledge to a substantial certainty that result will occur
  •  
  •  
  • transferred intent
  • false imprisonment
    • unlawful detention
    • any length of time
    • deprived of personal liberty
  • shopkeeper’s privilege
    • reasonable grounds for suspicion
    • reasonable time
    • reasonable investigation
  • Goodman v. Wal-Mart (Ala. 1999)
    • Goodman returned phone to Wal-Mart for exchange
    • Couldn’t find another phone
    • Retrieved phone from employee & left
    • Detained by security, handcuffed & arrested
    • Acquitted of shoplifting
    • Sued for false imprisonment: $3.2M verdict
  • defamation
    • false statements
    • 3d party
    • harm reputation
  •  
  • public figure
    • must show ‘actual malice’:
      • knowledge of falsity
    • -or-
      • reckless disregard for truth
  • intentional infliction of emotional distress
    • extreme & outrageous conduct
    • beyond all possible bounds of decency
    • atrocious and utterly intolerable in civilized society
    • willful misrepresentation
    • of material fact
    • made to induce another to act
  • Photo credits
    • Estany tort: http://flickr.com/photos/alainmendi/
    • Green tort: http://flickr.com/photos/fensterbme/
    • Torts pumpkin: http://flickr.com/photos/boblawblogger/
    • Governor Schwarzenegger: http://www.flickr.com/photos/thomashawk/
    • Transferring goods: http://www.flickr.com/photos/synth/
    • False imprisonment: http://flickr.com/photos/sigmaman/
    • Wal-mart: http://flickr.com/photos/alphageek/
    • Defamation: http://www.flickr.com/photos/hilabean/
    • Target: http://www.flickr.com/photos/roadsidepictures/
    • Public figure: http://flickr.com/photos/mr38/
    • Outrage: http://flickr.com/photos/respectakp/
    • Fraud: http://flickr.com/photos/joethorn/