LAW 122 Study Guide - Midterm Guide: Strict Liability, Alternative Dispute Resolution
19 Feb 2016
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Intentional: committing battery by shoving someone or throwing something on another person"s lawn. Negligence: when harm is caused carelessly, such as when a medical team accidentally amputates the wrong limb of a patient. Strict liability: don"t require proof of any sort of intentional or careless wrongdoing. Liability is imposed simply because the defendant was responsible for the situation that injured the plaintiff. State it in the abstract without referring to the facts yet. Apply the law to the facts: identify the anchor fact. Application: law + anchor facts (intends to cause, offensive, bodily contact) Drives to your conclusion, which resolves the issue. Explain using legal term; contact, offensive, physical. State how the defendant made contact with the plaintiff. Litigation: is the system of resolving disputes in court. Pleadings: are the documents used to identify the issues and clarify the nature of a dispute. Plaintiff: the person who is making the complaint.
