纽约州律师考试证据法、侵权法和宪法笔记.doc

Torts (34 Qs) Mini Review: 6 intentional torts: battery, assault, false imprisonment, intentional infliction of emotional distress, trespass to land/chattel negligence reasonable person standard landowner duty: (i) trespass, (ii) children, (iii) licensee, (iv) invitee) professionals common carriers and innkeepers Defective product joint and several liability contributory negligence comparative negligence Points mentioned in Practice MBE Negligence Most negligence cases are decided by jury and of course debatable. The winning pick may often be only 75% reasonable(so don’t be panic. Always wrong choice: “D is not liable because someone else caused the injury”… assault: intentional action by putting another in reasonable apprehension of harmful or offensive bodily contact false imprisonment defense of property: reasonable non-deadly force to protect property Shoplifter: reasonable belief, reasonable matter, reasonable time(if humiliated, this can be recovered in a shoplifting case. conversion: The fair market value of the chattel converted is computed as of the time and place of the conversion. Trespass to land Intent is required necessity public (no recovery) private (for oneself or a relatively small group, take another’s hose to put out fire of D’s house(damages will be recovered) intentional infliction of emotional distress intent requirement: intent or reckless will be sufficient outrageous, severe emotional distress, causation, damages In negligence, landowner owes no duty to trespasser with respect to dangerous conditions on the land. Deadly force can never be used to protect property. negligence duty breach Negligence per se (violation of statute) requirements: (i) P is class of person to be protected, (ii) harm is what the statute intends to avoid. If P cannot use this shortcut, P may still win the case by other means. causation damages Doctor has a sub-duty to disclose/warn the patient the seriousness of potential consequence of a treatment If a reasona