Torts Tips

So, most of you first years are beginning to settle into classes, and for almost all of you, the first class you really need to tackle is torts. This will most likely be the first exam most of you take as well. Now, for some tortious tips!

1. ALWAYS establish a prima facie case before a defense. If you think about this, it just makes good sense. If the plaintiff's attorney has not established that your client committed battery, why would you bring up self defense? Just as the plaintiff needs to establish a prima facie case to bring a claim, so do you!

2. Remember that bad things happen to good people, and it's not always a tort. Even though we, as a society, as pretty litigious, you can't sue over EVERYTHING.

3. Remember that when establishing negligence, you need DUTY, BREACH, CAUSATION, INJURY. ALL of them. Don't skimp and fail to discuss one of the necesarry elements.

4. Remember that a battery doesn't always have to be HARMFUL. It can be offensive. Harmful OR offensive contact.

5. An assault is an intent to cause imminent apprehension of a harmful or offensive contact. Keep in mind that apprehension is NOT the same as fear.