COMM 341: C/A Tort of Battery
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COMM 341 > COMM 341: Civil Victim > COMM 341: C/A Tort of Battery
Contents |
Standard of proof
- More probable than not
Facet I - 3 elements
Plaintif's Prima Facie case
- Must prove three elements:
- 1. Devendent touched the plantiffs
- 2. General intent to touch
- 3. Offensive to a reasonable person
- Example of actions:
- Sex, medicine, assult, etc.
Facet II - 23 excuses
Exceptions (or excuses) to Prima Facie I. Burden of proof lies on defendent?
- 23 affirmative defenses, Prof. will go over 5:
- 1. Self-defense
- 2. Consent
- A reasonable person in the position of the defendent would assume that the plaintiff consented to the touching
- Medical / informed consent
- Only after the patient has been informed of the procedures and the risks of those procedures
- 3. Privilege of Arrest
- Must be a vaild arrest, and the force used was reasonably necessary to bring about the arrest
- 4. COMM 341: Statute of Limitations
- 5. COMM 341: Res Judicata
- Others (I think?):
- Good semartian defense
- Emergency defense
- Two things that are not affirmative defenses:
- 1. Insanity
- For just about all criminal crimes, insanity would be a defense. However it is NOT a defense on the civil side.
- 2. Obeying orders
- It is NEVER a defense in ANY civil case that you did it because you were told to do it. It doesn't matter who told you to do it either.
- 1. Insanity
Facet III - 3 remedies
Remedies - burden of proof is back on the plaintiff
- 1. COMM 341: Nominal Damages = $1
- In these cases you can't declare a "winner" - but what about a case where there are no damages? You can assign nominal damages to the "winner".
- Not, this isn't considered "success" on the pliantiff's side.
- 2. COMM 341: Compensatory damages (Also known as PI/Personal Injury damages)
- Not taxable - they fall under COMM 341: Exempt damgages
- Examples:
- Medical Expenses
- Past & future attributable to that injury. You must predict future medical expenses at the time of the suit.
- Lost wages
- Past & future, again you must predict future lost wages
- Pain & suffering
- Doubly problematic because again it's past & future, but you are also putting a doller figure on human anguish
- Medical Expenses
- 3. COMM 341: Punative Damages
- Two Purposes: to punish for a wrongful act and to deter / stop the behavior in the future
- Two Considerations: The maliciousness of the act and the wealth of the defendent.
Tort of battery as it applies to Bankruptcy
Non dischargable in 7, 11 & 13
Misc. notes
- Comm 341 is determined in STATE LAW
- Objective rules apply
