Category: Torts
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Torts Outline for the California Bar Exam
Torts I. Intentional Torts Basics Two Steps: (1) identify the elements that a P needs to get to the jury, and (2) identify the affirmative defenses that the D can use. Prima Facie Case (generally): Act by the defendant (voluntary movement) With the specific (goal oriented) or general (knows w/ substantial certainty) intent to effect…
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Torts Attack Sheet for the California Bar Exam
TORTS Structure for an answer General Considerations Plaintiff is suing Defendant for X To establish a prima facie case for X, Plaintiff must prove… Here, Plaintiff will show…[analyze each element] Conclusion Defenses Problem Solving Approach I. General Considerations Vicarious liability Joint liability Survival Actions Wrongful death Immunities II. Intentional Torts Assault Battery False Imprisonment IIED…
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Torts Outline for the California Bar Exam
Intentional Torts Intent: (1) purpose to bring about a certain result OR (2) acting w/ substantial certainty that a certain result will occur. Transferred intent: applies where D intends to commit a tort against one person but instead: (1) commits diff tort against that person, (2) commits same tort as intended but against diff person,…