BLAW 280 Test 1

• These agencies enact regulations based on the things they are in charge of.
• Ex. IRS

This is judge made law (as they decide cases)

Made by presidents with foreign governments with the approval of 2/3rds of the Senate

Laws passed by the city, often things like noise levels, zoning ordinances, etc.

• Controls behavior of government bodies (courts) as they enforce substantive law
• Ex. Right to speedy trial, right to a jury trial, etc.

This is the courts power to hear a case and to issue a decisions that is binding on the parties

• The courts power to hear the type of dispute involved
•  State courts have no jurisdiction to hear a copyright infringement claim
•  A civil court has no jurisdiction over criminal matters

• The court must have jurisdiction over the parties
•  Are there sufficient contacts with the state that is requiring you to defend so
• that it is “fair” to make you do so?

A civil wrong that is not a breach of contract

• Intentional Conduct 
• Recklessness Conduct
• Negligence
• Strict Liability

• Treated the same as recklessness
• Intended to cause the consequences
• Ex. Mad at Ex husband and see him crossing the street and run him over with my car

• A conscious indifference to a known and substantial risk of harm
• Ex. Person backs out of driveway without looking, and then crashes or hits someone.
• Chances are there is going to be some risk of harm

• A failure to use reasonable care that results in harm to another party
• Punitive damages are not available
• Ex. Looking before backing out of driveway, getting a text and looking at it and
• forgetting to look a second time and then hitting something or someone

Imposes liability on a party even if they are not at fault

• Are to compensate for harm suffered as the result of the tort
• These are intended to put you back in the position that you were before the
• damages were cause
• Trying to make the plaintiff “whole”
• Ex. Property damages like getting your car fixed, medical bills, lost wages

• Are to (a) punish; and (b) deter, so other people don’t engage in similar behavior
• Usually reserved for intentional and reckless conduct

• The (1) intentional and (2) harmful or offensive (3) touching of another (4)
• without consent
• All of the 4 points must be present for it to be battery
• Person who is battered does not need to be aware of it

• An intentional attempt or threat to cause a harmful or offensive contact with
• another person if that attempt causes a reasonable apprehension of imminent
• battery in the other person’s mind
• Unlike battery the plaintiff must actually see or feel the potential
• contact
• Threats of future battery does not constitute assault
• Apprehension must be reasonable
• This does not involve physical contact, because it becomes battery at that point

• (1) All courts require that the conduct has to be outrageous
• (2) All courts require that the emotional distress must be severe
• (3) Most courts require that the defendant must act intentionally or recklessly
• (4) The plaintiff’s distress must be distress that a reasonable person would
• suffer

• The (1) intentional (2) confinement of another for an (3) appreciable time (4)
• without consent
• Confinement must be complete; if there is a reasonable means of escape
• known to the plaintiff, confinement is not complete
• Appreciable time
• Just a few minutes will suffice
• Most courts hold the plaintiff must be aware of the confinement

• An (1) unprivileged (2) publication of (3) false and defamatory (4) statements
• “of and concerning” another

• A) Absolutely privileged statements
• o May never be sued for defamation
• o 1) Statements made in a judicial proceeding
• o 2) Statements made in legislative proceedings
• o 3) Statements made by executive officials in carrying out their
• duties
• o 4) Statements between spouses
• B) Conditionally privileged statements
• o Privileged as long as you’re acting in good faith
• o 1) Employment References
• o 2) Reports made to law enforcement

• Written defamation; deemed to be more permanent
• When it’s libel the law allows the plaintiff to recover without proving
• actual damages; instead damages are presumed

• Spoken defamation
• Typically requires proof of actual damages
• Truth is always a defense even if you subjectively believed it was false

• o Public official was the plaintiff and must prove: (imposed by supreme
• court)
• o Defendant acted with “actual malice” (either knew of falsity or
• acted with reckless disregard for the truth)
• o And prove it with clear and convincing evidence
•  3 years later was expanded to apply to public figure plaintiffs
• o They did this because anyone who is in the public spotlight is
• inviting press since they are in the spotlight

•  Public figure requirements
• o Well known to large segments of society through their voluntary
• efforts (celebrities, youtube stars, etc.)

o Voluntarily place themselves at the front of a public controversy

•  Defendant entertained “serious doubts” about the statement but made
• it anyway
•  Relied on one less significant bit of truth and rejected overwhelming
• evidence of falsity
• o Hear what you want to hear and ignore everything else

•  A highly offensive intrusion where someone has a reasonable
• expectation of privacy
•  Objective standard must be highly offensive to a reasonable person

Making public something that the plaintiff wanted to keep private

• Publicity that places a person in a false light, if the false light would be
• highly offensive to a reasonable person

• When the defendant commercially uses someone’s name or likeness
• normally to imply endorsement of a product or service

• Public figures, celebrities and entertainers have a cause of action
• against defendants who, without consent use their name or likeness for
• commercial purposes.
• o If it’s for news reporting then it has first amendment
• protections
•  Noncommercial use is protected by the first
• amendment

• An unauthorized or unprivileged intrusion on another person’s real property
•  Intent required is simply the intent to be on the land
•  Ex. If pushed on to the land that does not constitute intent

•  Some interference with another parties use and enjoyment of their land
•  The interference must be substantial and unreasonable and must be intentional

•  Exercise of dominion or control over the plaintiff’s personal property without
• consent.
•  Only intent required is to exercise the dominion or control.