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1b-case law沙丽金版法律英语

1b-case law沙丽金版法律英语

Although the Supreme Court has
changed the law and overruled the decision reached in Case 1, Plaintiff A still cannot bring his suit again and prevail in his claim:
The Common Law Doctrine of Precedent
The Doctrine of Precedent
Also the Principle of Stare Decisis:

Past judicial decisions are formally and generally binding for the disposition of factually similar present controversies.
The Weight or Influence of a Precedent
It is greatly affected by whether it was a
„higher court‟ decision or a „lower court‟ decision:


A „higher court‟ decision will have greater weight as precedent than a „lower court‟ decision. The decisions of a trial court are not likely to have much force as precedent except in future cases in the same trial court.

沙丽金版法律英语ppt课件

沙丽金版法律英语ppt课件
against societal benefits
3
Intentional Torts
4
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
Tort Law
1
General
Definition
Tort law is the body of law that deals with civil wrongs, except those that arise from contract problems.
Purpose
to compensate an injured party through the award of damages for the injuries incurred during a tortious act
9
Assault
With the tort of assault, a perceived threat by the victim is paramount.
＊A defendant throws a rock at a sleeping victim.
He can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
Torts against the person
assault battery false imprisonment intentional infliction of emotional distress

沙丽金版法律英语

沙丽金版法律英语

False Imprisonment
Definition
the detention of a person in a bounded area without justification or consent
Elements
intent to confine a person within a certain area
Torts against the person
assault battery false imprisonment intentional infliction of emotional distress
Property torts
trespass to land trespass to chattels (personal property) conversion
Intent
Intent is most often proved through circumstantial evidence—the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.
Battery
Definition
(at common law) an intentional act causing an unconsented harmful or offensive contact with a person
Criminal battery and tortious battery
against societal benefits

沙丽金版法律英语ppt课件

沙丽金版法律英语ppt课件

Assault
With the tort of assault, a perceived threat by the victim is paramount.
＊A defendant throws a rock at a sleeping victim.
He can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
Torts against the person
assault battery false imprisonment intentional infliction of emotional distress
Property torts
trespass to land trespass to chattels (personal property) conversion
Intentional Torts
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
Intent
Intent is most often proved through circumstantial evidence—the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.

最新沙丽金版法律英语

最新沙丽金版法律英语
wielding a knife
Assault
yelling the word snake to a person whom you know is in fear of snakes
Criminal assault and tortious assault
In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
Intent
Intent is most often proved through circumstantial evidence—the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.

沙丽金版法律英语-2022年学习资料

沙丽金版法律英语-2022年学习资料

Assault-With the tort of assault,a perceived-threat b the victim is paramount.-A defendant throws a rock a a-sleeping victim.-o He can only be guilty of the at empted-battery assault,since the victim would not-be ware of the possible harm.-10
Intentional Torts-4
General-o Definition-any intentional acts that are re sonably-foreseeable to cause harm to an-individual,an that do so-o Intent-Intent is most often proved thro gh-circumstantial evidence-the-defendant's conduct,in the context of-his or her surroundings and what he or she presumably knew and perceived.-5
Assault-o yelling the word snake to a person whom-you know is in fear of snakes-o Criminal assault and tort ous assault-In criminal law,an assault can result-fro an attempted battery.Since some-attempted batteries ight theoretically-occur when the victim is sleeping, unconscious,or unaware of the threat,-Байду номын сангаасriminal assaul can occur even when-no threat is perceived by the vi tim.-9

沙丽金版法律英语详解


Intentional Torts
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
Intent
Intent is most often proved through circumstantial evidence—the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
wielding a knife
Assault
yelling the word snake to a person whom you know is in fear of snakes
CrimiLeabharlann al assault and tortious assault
In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.

法律英语(沙丽金第二版)参考译文完整版Lesso

《法律英语》（沙丽金版）2011年第二版课文参考译文翻译整理人：新浪微博@我是空白白《法律英语》（沙丽金版）2011年第二版参考译文目录前言（必看） (2)Lesson 1 law（法律） (3)Lesson 2 Legal System（法律体系） (4)Lesson 3 Legal Education（法律教育） (6)Lesson 4 Court System（法院体系） (7)Lesson 5 Construction（宪法） (9)Lesson 6 Administrative Law（行政法） (10)Lesson 7 Criminal Law（刑法） (12)Lesson 8 Criminal Procedure（刑事诉讼程序） (13)Lesson 9 Civil Procedure（民事诉讼程序） (15)Lesson 10 Torts（侵权行为） (16)Lesson 11 Contract（合同） (18)Lesson 12 Property Law（物权法） (19)Lesson 13 Law of Corporation（公司法） (20)Lesson 14 Intellectual Property（知识产权） (22)Lesson 15 International Law（国际法） (23)Lesson 16 Evidence（证据） (24)后记 (26)前言（必看）1、此翻译并非权威翻译，而是技术含量不高的译文。

其中肯定有很多不恰当甚至错误的地方，所以仅供参考，欢迎各位同学指正。

（新浪微博@我是空白白）2、制作本译文动力源于兴趣，目的在于互相交流学习。

3、如果你只是想以此译文来应付老师上课的抽问，那么你大可不必下载或复制此文档，因为这样你对不起你自己。

4、本译文=老师的长难句注解（即划线部分。

我无意间在网上找到了部分老师传到网上的注解文档。

O(∩_∩)O ）+1位往届同学的翻译+1位同届同学的翻译+课堂笔记+本人拙译（虽然本人英语不怎么好，但我会尽最大努力与大家分享所学到的知识）。

沙丽金法律英语

ition
Tort law is the body of law that deals with civil wrongs, except those that arise from contract problems.
Purpose
to compensate an injured party through the award of damages for the injuries incurred during a tortious act
The person falsely imprisoned may sue the offender for damages.
IIED
Definition
★short for intentional infliction of emotional distress
★referred to as the tort of outrage in some jurisdictions
Torts against the person
assault battery false imprisonment intentional infliction of emotional distress
Property torts
trespass to land trespass to chattels (personal property) conversion
Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine.

沙丽金版法律英语.ppt


General
Underlying policy considerations
maintenance of a peaceful society deterrence social responsibility the balancing of economic interests
against societal benefits
General
Transferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
Torts against the person
assault battery false imprisonment intentional infliction of emotional distress
Property torts
trespass to land trespass to chattels (personal property) conversion
Assault
With the tort of assault, a perceived threat by the victim is paramount.
＊A defendant throws a rock at a sleeping victim.
He can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
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intentional conduct that results in extreme emotional distress
Elements
The defendant must act intentionally or recklessly;
IIED
the defendant's conduct must be extreme and outrageous; and
Tort Law
General
Definition
Tort law is the body of law that deals with civil wrongs, except those that arise from contract problems.
Purpose
to compensate an injured party through the award of damages for the injuries incurred during a tortious act
Tolling the statute
Most jurisdictions provide that limitations are tolled under certain circumstances.
actual confinement awareness of the confinement by the
person so confined
False Imprisonment
absence of a reasonable means of escape
Remedies
A court may issue a writ of habeas corpus to release a party from unlawful restraint.
Assault
With the tort of assault, a perceived threat by the victim is paramount.
＊A defendant throws a rock at a sleeping victim.
He can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.
Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine.
General
Subcategories
IIED
A defendant sent a letter to a plaintiff falsely informing the person that a close family member had been killed in an accident.
Statute of Limitations
Battery
Definition
(at common law) an intentional act causing an unconsented harmful or offensive contact with a person
Criminal battery and tortious battery
Intentional Torts
General
Definition
any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so
Intent
Intent is most often proved through circumstantial evidence—the defendant’s conduct, in the context of his or her surroundings and what he or she presumably knew and perceived.
The person falsely imprisoned may sue the offender for damages.
IIED
Definition
★short for intentional infliction of emotional distress
★referred to as the tort of outrage in some jurisdictions
wielding a knife
Assault
yelling the word snake to a person whom you know is in fear of snakes
Criminal assault and tortious assault
In criminal law, an assault can result from an attempted battery. Since some attempted batteries might theoretically occur when the victim is sleeping, unconscious, or unaware of the threat, criminal assault can occur even when no threat is perceived by the victim.
whipping a horse on which a plaintiff was riding, causing the plaintiff to fall and be injured
(a nurse) failing to warn a blind patient that he is headed toward an open window, causing him to fall and injure himself
Statute of Limitations
Function
The statute of limitations is a defense that is ordinarily asserted by the defendant to defeat an action brought against him after the appropriate time has elapsed.
Definition
an enactment that restricts the time within which legal proceedings may be initiated
Objective
designed to prevent claims from arising after all evidence has been lost or after the facts have become obscure through the passage of time, or the death or disappearansferred intent
Transferred intent is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead.
“Offensive" contact
contact that would offend a person’s sense of personal dignity
Examples
spitting in someone's face
Battery
intentionally knocking a hat off someone's head or knocking a glass out of some-one's hand
the conduct must cause the plaintiff to suffer severe emotional distress.
Examples
A defendant refused to inform a plaintiff of the whereabouts of the plaintiff's child for several years, though that defendant knew where the child was the entire time.
False Imprisonment
Definition
the detention of a person in a bounded area without justification or consent
Elements
intent to confine a person within a certain area
Application
The defendant must raise the defense before the court upon answering the plaintiff's complaint.
Statute of Limitations
If not, he is regarded as having waived the defense and will not be permitted to use it in any subsequent proceedings.