QST LA 245 Lecture Notes - Lecture 3: Actual Malice
Document Summary
Summary judgement- a way of disposing a lawsuit without going to trial. Tarasoff vs. regents of the university of california changed the law with mental health professionals, so if anyone is a threat to themselves or others then they can breech the confidentiality. O(cid:373)e states ha(cid:448)e (cid:862)dut(cid:455) to (cid:396)es(cid:272)ue(cid:863) statutes that (cid:396)e(cid:395)ui(cid:396)e a (cid:449)it(cid:374)ess to a violent crime to report the crime as soon as possible after it occurs, if they can do so without endangering themselves or others. They only apply in the case of violent crimes and do not impose any duty on the bystander to attempt to prevent the crime or rescue the victim. Purpose: restore the plaintiff to the position she was in before the tort occurred. Punitive/exemplary damages = punish defendant and deter other from similar conduct. The compensation usually never more than 9x the damages. When no 15386 can be compensated injunctions to prevent something for example.
