Discover the fascinating world of Torts with "Study for the Bar in Your Car," your essential audio guide featuring AI hosts Claude and Ma, powered by Angela's comprehensive, uniquely insightful notes. In Episode 1, "Torts - Introduction," we lay the essential groundwork for mastering this critical bar exam subject, moving beyond mere definitions to truly grasp the "why" and policy behind the rules.
We kick off by defining a tort as a civil wrong committed against another, clearly distinguishing it from criminal law (state prosecution, punishment) and contract law (breach of voluntary agreements). Tort law focuses on duties imposed by society, aiming to compensate injured parties and deter future wrongful conduct, with money damages as the typical remedy. We explain the division of labor between judge (questions of law) and jury (questions of fact).
The episode delves into critical pre-trial hurdles, such as the motion to dismiss for failure to state a claim, emphasizing the need for plaintiffs to present specific, plausible facts rather than mere conclusions, a standard elevated by cases like Iqbal.
We then introduce intentional torts, highlighting their foundation in deliberate acts rather than carelessness. You'll learn the three common elements for a prima facie case: an act by the defendant, intent by the defendant, and causation. Intent here is crucial; it's about desiring the act's consequences or knowing they are substantially certain to occur, not necessarily malice. A key concept, transferred intent, is explained, illustrating how intent can shift between targets or torts within a specific group (assault, battery, false imprisonment, trespass to land, trespass to chattels).
Episode 1 also provides an essential overview of specific intentional torts, including Battery (harmful or offensive contact), Assault (apprehension of imminent contact, not fear), False Imprisonment (confinement), Intentional Infliction of Emotional Distress (extreme and outrageous conduct), Trespass to Land (intentional physical entry), Trespass to Chattels (minor interference with personal property), and Conversion (serious interference, a "forced sale" equivalent).
We touch upon general defenses applicable to intentional torts, such as consent (which must be valid and knowing), self-defense and defense of others (requiring reasonable and proportional force), and defense of property (limited to non-deadly force).
The episode concludes by setting the stage for negligence, the cornerstone of tort law, previewing its four elements: duty, breach, causation, and damages. We also briefly mention strict liability, products liability, nuisance, vicarious liability, defamation, and invasion of privacy, giving you a comprehensive roadmap for future deep dives.
Mastering tort law hinges on understanding these foundational principles and the crucial role of evidence in proving a case. Tune in to "Study for the Bar in Your Car" to gain that critical edge for your bar exam preparation. Listen now and subscribe for more invaluable insights!
