Torts Flashcards
The burden of persuasion
The one who has to prove what in a suit.
The one who has to prove what in a suit.
The burden of persuasion
The burden to price the case is upon the
Plaintiff or the one who brings the initial allocation of harm
The burden of production
How much evidence is required to meet a threshold of believability such that the trier of fact should believe that the defendant is liable or guilty.
How much evidence is required to meet a threshold of believability such that the trier of fact should believe that the defendant is liable or guilty.
The burden of production
The plaintiff must provide enough evidence and find it more likely than not that the defendant is liable, a burden of proof called
Preponderance of the evidence
Preponderance of the Evidence
The plaintiff must provide enough evidence and find it more likely than not that the defendant is liable, a burden of proof called
General civil standard of proof, required for most civil actions and that amount of proof that makes it more likely than not that defendant is liable (a civil term).
Preponderance of the evidence
Very high standard of civil proof, we will see this in damages, short of the highest standard of proof.
Clear and Convincing Evidence
Conscious volitional bodily movement that cannot be done asleep
Act
Act
Conscious volitional bodily movement that cannot be done asleep
Elements for Battery
1)An act with (2) intent to touch that (3) resulted in harmful or offensive contact.
1)An act with (2) intent to touch that (3) resulted in harmful or offensive contact.
Elements for Battery
Specific Intent
Purposeful desire to cause a certain outcome
Purposeful desire to cause a certain outcome
Specific intent
with knowledge of a substantial certainty that the outcome is likely to occur.
General Intent
General Intent
with knowledge of a substantial certainty that the outcome is likely to occur.
(________ ________) Purposeful desire to cause a certain outcome, or (_________ _________) with knowledge of a substantial certainty that the outcome is likely to occur.
Specific Intent
General Intent
Harmful
alteration to the structure of the body
alteration to the structure of the body
Harmful
reasonable person standard
Offensive
Offensive
reasonable person standard)
John and Steve went to the baseball field to play catch. John threw the ball at Steve and John caught it. Steve got mad at John and threw the ball back at John while he was not looking, which struck him in the head. John sustained a concussion from the throw and now John wants to civilly sue Steve for Battery.
What is the issue?
Whether John will have a successful claim of Battery against Steve?
John and Steve went to the baseball field to play catch. John threw the ball at Steve and John caught it. Steve got mad at John and threw the ball back at John while he was not looking, which struck him in the head. John sustained a concussion from the throw and now John wants to civilly sue Steve for Battery.
What rule is applied and what are the elements?
The plaintiff must prove by preponderance of the evidence which has a two-part requirement (1. The burden of persuasion- who has to prove what) and (2. The burden of production-how much the plaintiff must prove/which is more likely than not or more than 50% sure) that the defendant acted (volitional conscious movement) with intent (purposeful desire to cause a certain outcome or knowledge with substantial certainty) (general/specific) to touch (directly or indirectly) the plaintiff without consent that results in a harmful (alteration to the structure of the body) or offensive (reasonable person standard) contact or apprehension (anticipation) that resulted in contact.
John and Steve went to the baseball field to play catch. John threw the ball at Steve and John caught it. Steve got mad at John and threw the ball back at John while he was not looking, which struck him in the head. John sustained a concussion from the throw and now John wants to civilly sue Steve for Battery.
What is the analysis?
Here Steve acted because he threw the baseball at John. Steve had the intent to hit John because he was mad at him. The contact resulted in harmful contact because John sustained a concussion from the throw.
John and Steve went to the baseball field to play catch. John threw the ball at Steve and John caught it. Steve got mad at John and threw the ball back at John while he was not looking, which struck him in the head. John sustained a concussion from the throw and now John wants to civilly sue Steve for Battery.
What is the conclusion?
John will likely be successful in his claim of Battery against Steve.
