Torts
What are the four basic elements a plaintiff must prove to win a negligence claim?
Duty, breach, causation, and damages.
What must the prosecution prove beyond a reasonable doubt in a criminal case?
Every element of the crime charged.
A person offers to sell their car for $10,000, and the other person says, “I accept.” What basic contract requirement has been satisfied?
Agreement (offer and acceptance). A valid contract generally requires an offer by one party and acceptance by the other.
Before a court can decide a case, it must have the authority to hear it. What is this authority called?
Jurisdiction.
A city passes a law making it illegal to burn the American flag because officials believe the act is offensive and disrespectful. A citizen challenges the law. What First Amendment principle is most relevant?
Protection of symbolic speech. Under Texas v. Johnson, flag burning is considered expressive conduct protected by the First Amendment, and the government generally cannot prohibit speech simply because it finds the message offensive.
A person intentionally swings a baseball bat at someone and hits them. What intentional tort is most likely involved?
Battery, because there was intentional harmful or offensive contact.
A defendant tells their lawyer privately, “I committed the crime, but I want a trial.” Can the lawyer usually reveal this confession?
No. Attorney-client confidentiality generally protects the communication.
A student promises to pay a tutor $500 for five hours of tutoring. The tutor agrees and begins providing lessons. What makes this promise enforceable rather than just a gift?
Consideration. Each side exchanged something of legal value: the student promised payment, and the tutor promised services.
In International Shoe Co. v. Washington, the Supreme Court held that a state can exercise personal jurisdiction over an out-of-state defendant when the defendant has what type of connection with the state?
Minimum contacts with the state such that exercising jurisdiction is consistent with fair play and substantial justice.
A state passes a law that requires all students in public schools to begin each day with a government-written prayer. A student challenges the law. What constitutional protection is most likely violated?
The Establishment Clause of the First Amendment. The government may not establish or promote an official religion or require religious practices in public schools.
A security guard at a store accuses a customer of stealing and locks the customer in a small office for two hours while waiting for the police to arrive. The customer did not consent to being held and was not free to leave. What intentional tort may the customer have a claim for?
The customer may have a claim for false imprisonment. False imprisonment occurs when a person intentionally confines another person within a bounded area without consent or legal authority, and the person knows they are being confined or is harmed by the confinement.
A person waits outside a house with a loaded gun, intending to kill the homeowner when they arrive. When the homeowner appears, the person shoots and kills them. What mental state is most likely required for this crime, and what crime has likely occurred?
The required mental state is malice aforethought, meaning the intent to kill or a reckless disregard for human life depending on the circumstances. The crime is likely murder, specifically first-degree murder because the killing was intentional and planned in advance (premeditated).
A homeowner agrees to pay a contractor $20,000 to remodel a kitchen. After the contractor starts work, the homeowner says, “I changed my mind. I do not want the remodel anymore.” The contractor has already spent money buying materials. What contract issue is most likely involved?
Breach of contract. The homeowner may have failed to perform a contractual obligation, and the contractor may seek damages for losses caused by the breach.
A plaintiff files a complaint saying, “The defendant broke the law because they were acting illegally.” The defendant files a Rule 12(b)(6) motion to dismiss. Under Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, what is the problem with the complaint?
The complaint contains conclusions and speculation rather than enough factual allegations to make the claim plausible.
A newspaper obtains documents showing government misconduct and plans to publish them. The government asks a court to stop publication because the information could embarrass officials. What constitutional issue is raised?
Prior restraint under the First Amendment. The government generally cannot stop publication before it occurs unless it can meet an extremely heavy burden. This principle was established in New York Times Co. v. United States (the Pentagon Papers case).
A driver is speeding through a neighborhood when they hit another car. The driver admits they were speeding but argues that the accident would have happened anyway because the other driver was not wearing a seatbelt. What negligence issues should the court consider?
The court should consider whether the speeding driver breached a duty of care and whether that breach caused the plaintiff’s injuries. The driver may also raise comparative negligence, arguing that the injured person’s failure to wear a seatbelt contributed to the harm. The court would determine how much fault should be assigned to each party and whether damages should be reduced.
A person walks into a jewelry store pretending to browse. After the employee turns away, the person secretly places a necklace in their pocket and attempts to leave. The employee notices and blocks the exit. The person then pushes the employee to the ground and runs away with the necklace. What crime or crimes could the person be charged with, and why?
The person could be charged with robbery. The initial taking of the necklace began as theft (a larceny), but when the person used force against the employee to complete the escape and keep possession of the property, the crime became robbery. Robbery requires (1) taking property from another person or their immediate presence, (2) by force or threat of force, and (3) with the intent to permanently deprive the owner of the property. The force used during the escape can satisfy the robbery requirement.
A doctor promises a patient that a surgery will result in a completely normal hand. After the surgery, the patient’s hand is worse than before, causing pain and loss of function. The patient sues for breach of contract. What damages should the patient seek, and what case established this principle?
Expectation damages. Under Hawkins v. McGee (“the hairy hand case”), damages should place the injured party in the position they would have been in if the contract had been performed as promised. The patient may recover the difference between the value of the promised result (a normal hand) and the actual result (the damaged hand).
A plaintiff sues in federal court under diversity jurisdiction. The federal judge applies federal procedural rules but uses state negligence law to decide the claim. What Supreme Court case requires this approach?
Erie Railroad Co. v. Tompkins. Erie requires federal courts to apply state substantive law and federal procedural law in diversity cases.
A person stands outside a courthouse and gives a speech encouraging the crowd to immediately attack a specific group of people. The government arrests the speaker for the speech. The speaker claims the First Amendment protects their right to express their opinion. Is the speech protected?
Not necessarily. Under Brandenburg v. Ohio, the government may punish speech that is intended to and likely to produce imminent lawless action. The First Amendment protects offensive and unpopular ideas, but it does not protect speech that directly incites immediate illegal conduct.
A plaintiff is injured after ignoring a warning sign that clearly explained a danger. The defendant argues the plaintiff should receive less money because they contributed to their own injury. What defense is being raised?
Comparative negligence (or contributory negligence depending on the jurisdiction), which reduces or may bar recovery based on the plaintiff’s own fault.
Police arrest a suspect for burglary. Before questioning the suspect, officers read the suspect their rights and the suspect says, “I want a lawyer.” Later, officers return and ask questions without an attorney present. The suspect confesses. The prosecution wants to use the confession at trial. What constitutional issue is raised, and should the confession be admitted?
The issue is the right to counsel under the Sixth Amendment and Miranda protections under the Fifth Amendment. Once the suspect clearly invokes the right to an attorney during custodial interrogation, police generally must stop questioning until counsel is present. The confession may be excluded because it was obtained after the suspect invoked the right to counsel.
A company promises an employee that they will receive a long-term position if they relocate across the country. The employee quits their job, moves, and spends thousands of dollars relocating based on that promise. The company later refuses to hire them, arguing that no formal contract was created. What legal doctrine may allow the employee to recover?
Promissory estoppel. Even without a formal contract, a promise may be enforceable when one party reasonably relies on the promise, suffers a significant detriment, and injustice would result if the promise were not enforced.
During discovery, a plaintiff requests notes an attorney made after interviewing witnesses following an accident. The defendant refuses, claiming the documents reveal the attorney’s preparation strategy. The plaintiff argues discovery should reveal all relevant information. Who wins and why?
The defendant wins under Hickman v. Taylor. Attorney work product prepared in anticipation of litigation is protected unless the opposing party shows substantial need and cannot obtain the information another way.
A state government decides to revoke a person’s professional license, which prevents them from continuing to work. The state takes away the license without giving the person notice of the accusation or an opportunity to respond. What constitutional protection is likely violated?
Procedural Due Process under the Fourteenth Amendment. When the government deprives a person of a protected liberty or property interest, it generally must provide fair procedures, including notice and an opportunity to be heard before the deprivation occurs.