Session 02

Torts class session 02 transcript

Torts - Session 02

Transcript

SFV Room 208: What is the… the PowerPoint?

SFV Room 208: All right. Professor, should we log in, or…?

SFV Room 208: I’ll mark the present.

SFV Room 208: You’re right, this is a really nice campus.

SFV Room 208: It is, you know? And… This was UCLA. Oh, yeah. Okay, and right during COVID, UCLA abandoned.

SFV Room 208: Oh, wow. Yeah, so we took it over. You’re here.

SFV Room 208: We got sold the wrong room number.

SFV Room 208: I think they said 2.08.

SFV Room 208: Oh, is this… I think it’s true.

SFV Room 208: She’s like, it’s not O-E. I was like, okay.

SFV Room 208: You’re suffering a lot this semester. At least I hope you’re enjoying bridging the gap. How often do you think you get two judges talking to you in a classroom? Not often.

SFV Room 208: That’s just… An amazing… I hope you appreciate… I came to court with you as well. You did? Alright.

SFV Room 208: So you got a feel for it.

SFV Room 208: Definitely a good experience.

SFV Room 208: Excuse me.

SFV Room 208: What?

SFV Room 208: There you go.

SFV Room 208: How are you? Doing good.

SFV Room 208: What’s your name? Alex. Alex. Yeah.

SFV Room 208: Forgive me, but I have 110 students this semester.

SFV Room 208: It’s really difficult to remember their names.

SFV Room 208: How many Alexes do you have? Probably, like, 30.

SFV Room 208: No, no, but…

SFV Room 208: It’s hard to remember that.

SFV Room 208: So it’s got a common name, too.

SFV Room 208: Yeah.

SFV Room 208: I keep seeing on my calls.

SFV Room 208: All right, guys, let’s go.

SFV Room 208: It is past 6.30, so you need to be on camera, so I can do… rosters.

SFV Room 208: This one.

SFV Room 208: Alright.

SFV Room 208: I’ve got Jason, Do I have tomorrow?

SFV Room 208: I do not have tomorrow, current buyer on the way. Okay. Buya’s on the way, alright.

SFV Room 208: John Turn. It’s sick or something. No, John.

SFV Room 208: You’re George Diaz? Yes.

SFV Room 208: Sarah?

SFV Room 208: Sarah, Sarah, Sarah!

SFV Room 208: No, Sarah?

SFV Room 208: Oh, that must be… Nina, Grayson.

SFV Room 208: Alright.

SFV Room 208: Do I see Naira?

SFV Room 208: I do not see Naira.

SFV Room 208: Aurum, right? Yes.

SFV Room 208: Brianna… Oh!

SFV Room 208: Do I need this? Around tables.

SFV Room 208: Thank you.

SFV Room 208: All right. Brianna missing… Liana?

SFV Room 208: Michael?

SFV Room 208: Michael, Michael? No, Michael? Oh, there’s a Michael.

SFV Room 208: Say they, Zara!

SFV Room 208: It’s not present… Laura?

SFV Room 208: There she is.

SFV Room 208: Do I have Robert?

Robert Nazarian: Yep.

SFV Room 208: I have Robert…

SFV Room 208: I have messy… Do I?

SFV Room 208: Marcy?

SFV Room 208: Marci, do I have… there she is. I see her.

SFV Room 208: Alex I have, Nikon I have… Do I have…

SFV Room 208: Natalie, I think I saw her somewhere.

natalie setaghian: I’m here.

SFV Room 208: Cheers.

SFV Room 208: And Ariel is here.

SFV Room 208: So, I am missing a lot of people. I’m missing, say, Dezara, I am missing Naira, I’m missing Sarah Downs, I’m.

Sarah Downs: There are dounces here.

Sarah Downs: Hello.

SFV Room 208: Thanks for joining us.

SFV Room 208: I’m missing John Churn, I’m missing Valle, I’m missing… Alright.

SFV Room 208: And he said that tomorrow was running late? Yeah, she’s coming. Alright, so, … Missing Vera, missing Naira… John…

SFV Room 208: Okay, anybody I’ve not called?

SFV Room 208: Anybody I’ve not called? All right. All right, we’re gonna get into… Real stuff today?

SFV Room 208: All the preliminary stuff is behind us, so we’re gonna get into it.

SFV Room 208: And… let’s start. Remember, just to refresh your memories and to warm your brains up.

SFV Room 208: What’s the purpose of tort law?

SFV Room 208: to make the plaintiff hold again. Excellent. What’s the only tool available at the disposal to jury to make the plaintiff whole again?

SFV Room 208: Money. And you want your one-third, okay? Okay. So, … and a tort is a civil wrong, right? So, whenever you want to… whenever you see a fact pattern.

SFV Room 208: Two dogs were fighting.

SFV Room 208: Okay? The owner tried to separate the two dogs from fighting using his cane. On the upward motion of the cane, he struck the other dog owner, blinding him.

SFV Room 208: That’s what’s on your final exam.

SFV Room 208: What are you gonna do?

SFV Room 208: First thing you need to know is ask yourself, what is my theory of recovery? George, what do we call theory of recovery in law? Theory of recovery, compensation? No. Anybody, what do we call theory of law?

natalie setaghian: cause of action.

SFV Room 208: Thank you, your cause of action. So, George is going to be thinking, what is my cause of action?

SFV Room 208: There are three pathways to… and tort is a fault-based system of recovery. You with me? Tort is a fault-based system of recovery.

SFV Room 208: If you cannot prove fault, you are not going to recover.

SFV Room 208: There are 3 ways to prove fault in court. Number one is an intentional act.

SFV Room 208: So the defendant acted intentionally, and I’m going to explain to you tonight what intent is.

SFV Room 208: the next… Is negligence, which we will spend

SFV Room 208: Oh, probably around 10 to 11 weeks.

SFV Room 208: studying negligible. The rest of this semester and the beginning of next semester, okay. And then third and last is what’s called strict liability.

SFV Room 208: Which is, when you engage in an abnormally dangerous activity, and you injure somebody, that plaintiff can recover against you without a showing of fault.

SFV Room 208: Okay? So… Strict liability, negligence, park dose.

SFV Room 208: We’re going to get to them

SFV Room 208: Sick liability next week, negligence starting week 6.

SFV Room 208: Okay? So what we’re doing now is our first pathway to show fault, which is intent.

SFV Room 208: When defendant acted intentionally. So, in the case of Brown v. Candle, did the defendant act intentionally? Well, in order to answer that, you need to know what intent is.

SFV Room 208: Right? You need to have a rule for that.

SFV Room 208: Otherwise, it just becomes, yeah, he acted intentionally. Why? Because I said so, you know, I’m King Pong. Doesn’t work that way. You got to…

SFV Room 208: meet the elements of intent. So, in your outline, you’re going to start with a heading called Intentional Towards.

SFV Room 208: Alright, so you’re gonna type down, intentional torts.

SFV Room 208: Under intentional torts, you’re gonna deal with your first piece of black-letter law that you’re gonna learn tonight, which is called intent.

SFV Room 208: Intense divides up.

SFV Room 208: Look, you may have the notes, From some other students.

SFV Room 208: My humble suggestion to you is… Type it down.

SFV Room 208: And I’m telling you why. It’s for your own sake. Because the act of typing, the act of writing it down, is going to help with memorization.

SFV Room 208: That’s the only reason I just don’t…

SFV Room 208: email this to all of you guys, because as soon as I email it to him, he’s gonna say, well, I’ve got the old black la-law, okay? Let me watch people make, you know, moonshine at night, okay? Whatever the case may be, alright? This way, he has no choice but to remain engaged. It’s 3 hours, I get it, you’re tired.

SFV Room 208: Okay? It’s been a long day, you’re probably hungry, you know, whatever, okay? And trust me, I have not been catching butterflies today either, okay? So what? We are lawyers, we don’t get tired, okay? Set all that stuff aside. We hire people, we don’t get tired, okay? So…

SFV Room 208: My suggestion to you is when you type, or when you write, it helps with memorization.

SFV Room 208: The bar is gonna come, George, much faster than you think. In blink of an eye, you’re gonna be sitting for the bar.

SFV Room 208: And there’s gonna be all this black-letter law.

SFV Room 208: That you need to be able to draw.

SFV Room 208: And if you have not memorized it, okay, it’s just not gonna work.

SFV Room 208: Alright.

SFV Room 208: So, intent starts with what is called specific intent.

SFV Room 208: specific intent.

SFV Room 208: All right?

SFV Room 208: What is specific intent? Specific intent…

SFV Room 208: And actor, we’re typing. An actor intends the consequences of his conduct, and actor intends the consequences of his conduct.

SFV Room 208: If his goal is to bring about those consequences.

SFV Room 208: An actor intends the consequences of his conduct if his goal is to bring about those consequences. You punched me in the face.

SFV Room 208: Did you act with specific intent? Yeah. Why? Because you intended to bring about those consequences.

SFV Room 208: If you were swinging your cane, trying to separate your dog, and you hit me in the eyeball, blinding me, did you act with specific intent?

SFV Room 208: You see, guys, we’re not in the business of conclusions.

SFV Room 208: Okay? It’s how we get there.

SFV Room 208: Otherwise, it becomes a Starbucks conversation.

SFV Room 208: Okay, everybody has an opinion.

SFV Room 208: I don’t care.

SFV Room 208: Alright? How did you get there?

SFV Room 208: Right? Otherwise, it’s like… Yeah, no, oh, big deal. But I need analysis.

SFV Room 208: is where your score is, okay? So, you’ve… what’s the first thing you’re gonna do?

SFV Room 208: to Kendall versus Jackson. It’s a great case to start with, okay?

SFV Room 208: Plaintiff is saying, you blinded him.

SFV Room 208: What’s Plaintiff’s cause of action?

SFV Room 208: Battery. Battery, yes. Okay? So, in order to prove battery, you need to show that it was… he acted intentionally. Did he acted with specific intent?

SFV Room 208: Did he intend to bring about those consequences, which is blinding the other… blinding the plaintiff? No. So, specific intent fails. You see how we go through our mental checklist until we arrive somewhere?

SFV Room 208: Right?

SFV Room 208: So, now we’re going to learn the next piece of black letter law, which is called general intent.

SFV Room 208: general intent.

SFV Room 208: General intent.

SFV Room 208: An actor intends the consequences of his conduct. An actor intends the consequences of his conduct.

SFV Room 208: If he knows, Your Tamara? Yes.

SFV Room 208: And she thinks I’m really smart, but no. They told us that you’re coming. Thank you.

SFV Room 208: An actor intends the consequences of his conduct.

SFV Room 208: If he knows with…

SFV Room 208: Substantial certainty. Underline those two words. Substantial certainty. An actor intends the consequences of his conduct. If he knows with substantial certainty

SFV Room 208: That those consequences will occur.

SFV Room 208: An actor intend the consequences of his conduct, if he knows with substantial certainty That those consequences will occur.

SFV Room 208: Now…

SFV Room 208: You’re swinging your cane in proximity to my face. Did you act with specific intent? No. Could it be that you acted with general intent?

SFV Room 208: Well, if me, the blinded plaintiff, can prove that you knew with substantial certainty that those consequences would occur.

SFV Room 208: then I can prove that you acted intentionally. Not with specific intent, but with general intent. Now, caveat here, and this is really dangerous, because

SFV Room 208: First semester law students, they become enamored with general intent.

SFV Room 208: Okay? Every hive. What is your name? Niagara. Niagara.

SFV Room 208: Okay.

SFV Room 208: So, I’m missing now Zara, Brianna, and John Churn.

SFV Room 208: Alright.

SFV Room 208: During the break, okay, This is George.

SFV Room 208: All right? George. He is gonna give you the black letter law that you missed. Okay. Okay, so you can write it down. And you guys can connect, you guys can start

SFV Room 208: Developing study groups, okay?

SFV Room 208: It’s difficult to do it on Zoom, but when you’re here, you see, during the break, you can get, you know, we have nice coffee here, go get yourself a cup of coffee, exchange phone numbers, exchange emails, okay? Hi, my name is Aram, my name is Bon, James, whatever the case may be, okay? Nice to meet you, you know, connect, network, get to know each other.

SFV Room 208: Alright?

SFV Room 208: And hopefully these friendships and these relationships will last.

SFV Room 208: Okay?

SFV Room 208: … Professor Streets, who teaches contracts here.

SFV Room 208: We went to law school together 40 years ago.

SFV Room 208: Okay? Do you see how these friendships last?

SFV Room 208: All right, so, this way, you two can get to know each other, and then, you know, you can have a study group together, and that’s a very, very productive thing to do.

SFV Room 208: And it’s fun.

SFV Room 208: You know, I said this last week, too. Best years of my life was when I was in law school. We had such a… so much fun.

SFV Room 208: We would cut class, go to movies, you know. I’m not recommending it, but we did, okay? You know, we took the bar together, you know, it was 3 days at the time, you know, we would play poker at night, have a few beers, and go take the next day up bar, and we all passed the first time, okay? Simply because we had fun. Our brains rejuvenated for the next day.

SFV Room 208: Oh, you see? Rather than going back to your room and, you know, trembling.

SFV Room 208: It doesn’t stress you out? It takes you. Okay, so the problem with Gerald intent is that law students become enamored with it. Every knucklehead, action!

SFV Room 208: They think of it as general. No, what does the word say?

SFV Room 208: Substantial certainty. You see, be linguistically loyal to it. Substantial certainty. Are you with me? Not just…

SFV Room 208: Not every knucklehead is substantial certainty. Substantial certainty is a really high threshold, because we’re saying this is as close to specific intent.

SFV Room 208: If… Right? If he is swinging his cane in proximity to my face like this, Okay, substantial certainty.

SFV Room 208: But… What if he’s texting and driving and rear-ends me?

SFV Room 208: Substantial certainty? No.

SFV Room 208: You see, otherwise, every, every stupid thing, you’re gonna find the intent in it. Be careful. Substantial certainty. Oh, don’t answer the question, okay, because I don’t want you to incriminate yourself, but…

SFV Room 208: Everybody here has texted while driving.

SFV Room 208: Alright.

SFV Room 208: Did you get in a car accident?

SFV Room 208: Substantial certainty.

SFV Room 208: You see? That’s… You shouldn’t. Okay.

SFV Room 208: So, should have known doesn’t matter for… No, no, no, because then you’re going to negligence.

SFV Room 208: Okay. Okay, negligence becomes when I compare… Tomorrow’s actions…

SFV Room 208: with Vaje’s actions, okay? She was driving at 80 miles per hour in a 35 mile per hour zone. Her conduct fell below the standard of care of a reasonable, prudent driver under the circumstances. That’s negligence.

SFV Room 208: Okay?

SFV Room 208: So, if you cannot Ever. Sell to the jurors.

SFV Room 208: That this defendant, swinging his cane in proximity to the plaintiff’s face.

SFV Room 208: did not know with substantial certainty, or should have known with substantial… you see that… don’t let go of that word. Not just certainty, substantial certainty, that he would strike

SFV Room 208: the face of the other person, he did not act with general intent.

SFV Room 208: His act conduct was not intentional. Then what are you going to do?

SFV Room 208: There you go, speak up! Negligence. There you go. Learn to go down in flames.

SFV Room 208: Alright? This is where we make mistakes. You guys get that?

SFV Room 208: Law school is where we make mistakes.

SFV Room 208: This is… so you make a mistake, so the hell what? Oh, I don’t care. I mean, when you’re a lawyer, you make a mistake, I’m gonna own your home.

SFV Room 208: Okay, that you have nicely remodeled and decorated, and you know, you know, you’ve got a triple garage and everything, it’s now mine. Okay? You see the problem? You can’t afford to make mistakes as a lawyer. Legal malpractice is…

SFV Room 208: You know?

SFV Room 208: avoidance of it, we offer a course that I really recommend you guys should take during summer.

SFV Room 208: Okay, how to avoid legal malpractice.

SFV Room 208: Okay? And I brought in this professor, who’s a board-certified legal malpractice specialist. She works for, you know, an insurance company, Lawyers Mutual, all they do is defend attorneys who have been sued.

SFV Room 208: Is she qualified, or is she qualified to teach that course? Okay, and lawyers, really, I told you this last week, I became a lawyer, and it was like, I had no clue.

SFV Room 208: I had no clue!

SFV Room 208: What… what should be my protocols?

SFV Room 208: to avoid.

SFV Room 208: malpractice.

SFV Room 208: You’re in my previous gap? I was, yes. Was? You are. Was.

SFV Room 208: We were in the same club.

SFV Room 208: Spring. Oh, you were in Spring, with Judge, with Judge Hack.

SFV Room 208: Okay?

SFV Room 208: You, you heard all the protocols.

SFV Room 208: You don’t follow those protocols, You’re exposing yourself to liability.

SFV Room 208: The over here screws up.

SFV Room 208: Who cares?

SFV Room 208: The worst thing that’s gonna happen, Aram is gonna giggle.

SFV Room 208: Right? So what? Who cares? Right?

SFV Room 208: Nobody cares. You make mistakes here.

SFV Room 208: Don’t be afraid of making mistakes.

SFV Room 208: This is where we make mistakes, so we don’t make them out there.

SFV Room 208: Alright, and… Don’t be afraid of making mistakes.

SFV Room 208: Remember Denzel Washington?

SFV Room 208: He said, fail big, fail often.

SFV Room 208: Right? That’s key to success. Fail big, fail often. That’s how you learn.

SFV Room 208: I learned… By getting my nose bloodied.

SFV Room 208: God knows how many times.

SFV Room 208: But every time, Ariel blood in my nose, guess what, Ariel?

SFV Room 208: I became a little bit better.

SFV Room 208: Because then I knew what not to do, so you couldn’t… you’re my opposing lawyer, so you couldn’t bloody my nose. And guess what? I also learned how to bloody noses.

SFV Room 208: You see?

SFV Room 208: You get your nose blood there a hundred times.

SFV Room 208: You have now learned how to bloody noses a hundred times. Isn’t that nice?

SFV Room 208: You see?

SFV Room 208: I was so stressed, when I started practicing.

SFV Room 208: Because I didn’t… I mean, everything was so stressful. I was having such a bad time.

SFV Room 208: After a couple of 2 or 3 years, this more experienced lawyer pulled me aside.

SFV Room 208: He could have been nicer about it. He said, you know, what’s wrong with you?

SFV Room 208: I could have been a little bit more tactful, and say, you know what’s wrong with you. I said, okay, what is wrong with me? He says, you don’t know what you’re doing.

SFV Room 208: He was absolutely right.

SFV Room 208: I didn’t know what I was doing, so that gave me anxiety. Anxiety gives you stress.

SFV Room 208: Stress becomes depression. You start hating practicing. You know what’s the most active? California State Bar Committee?

SFV Room 208: the Lawyers Substance Abuse Program.

SFV Room 208: Okay? Because lawyers get stressed, and they want to find relief at the bottom of a bottle, or with some white powdery substances.

SFV Room 208: Right? This is what happens. And I understood what he said. He said, go learn.

SFV Room 208: And I really didn’t have money. I mean… When I started practicing.

SFV Room 208: I want the money to have fun, right?

SFV Room 208: But I spent all my money taking classes.

SFV Room 208: Going to seminars.

SFV Room 208: trial seminars, 10 days long, okay? And I… all my money went to that, year after year after year, as my learning curve

SFV Room 208: Improved my stress level, Loft.

SFV Room 208: Sarah, right? Yes. Okay.

SFV Room 208: Soon.

SFV Room 208: Invest in yourselves, learn, that’s how.

SFV Room 208: Below your stress level.

SFV Room 208: Getting your neck, and… Some lawyers.

SFV Room 208: Just don’t want to make that investment in themselves.

SFV Room 208: And they end up being personal injury cases.

SFV Room 208: Alright.

SFV Room 208: Go and say, huh, I want it to be a personal injury. Okay, so, do we understand the difference between specific intent and general intent?

SFV Room 208: During break, okay? This is… you were not here, that’s Alex behind you. Okay, sure. Please meet Alex. Sure. Alex is going to give you the black letter law that you missed. Sure. Okay?

SFV Room 208: I’m forcing you guys to get to know each other, okay? So, that specific intent, that’s generally…

SFV Room 208: Alright? So, now we’re gonna learn our first Cause of action.

SFV Room 208: What is our first cause of action? Battery! So, Devor, new heading.

SFV Room 208: You started with intentional torts, you said intent, underneath it you wrote. Specific intent, general intent.

SFV Room 208: Now, you have a new heading called Battery.

SFV Room 208: Battery is an intentional act.

SFV Room 208: We’re typing.

SFV Room 208: Battery, trust me on this, okay? When you type, you learn, you memorize, okay? I was having this discussion with Gabor, because obviously Gabor had gotten his notes from some other… one of my past students, which is nothing wrong with that, right?

SFV Room 208: But I was trying to convince him to make his own outline.

SFV Room 208: Act of typing helps with memorization and understanding. Otherwise, over here.

SFV Room 208: I can PDF this and email it to you, and we’re done. And everybody can fall asleep.

SFV Room 208: Okay, so type.

SFV Room 208: Battery is an intentional act.

SFV Room 208: That causes, through a typing, battery is an intentional acts. That causes a harmful or offensive touching…

SFV Room 208: of the plaintiffs, person.

SFV Room 208: Battery is an intentional act that causes a harmful or offensive touching of the plaintiff’s person.

SFV Room 208: Okay?

SFV Room 208: Now, you have learned your first cause of action.

SFV Room 208: So now… Give me a break. …

SFV Room 208: Ariel. Ariel, you punched me in the face.

SFV Room 208: My cause of action, my theory of recovery against you is… battery.

SFV Room 208: Alright? So…

SFV Room 208: What’s the function of a judge? What’s the function of a jury? The judge instructs the jury on the law. So, in a real courtroom, okay.

SFV Room 208: the judge says, ladies and gentlemen of the jury, battery is an intentional act that causes a harmful offensive touching of the plaintiff’s persons. And then.

SFV Room 208: My lawyer says, Ariel, punched my client in the nose.

SFV Room 208: In order for my lawyer to be able to prove up his case against you.

SFV Room 208: He needs to show the prima facie, okay?

SFV Room 208: We’re typing. Prima facie elements of each cause of action.

SFV Room 208: Yeah, what are the prima facie elements for battery?

SFV Room 208: Intentional act that causes harmful or offensive touch.

SFV Room 208: That’s the rule. Now we need to… prima facie elements are the ingredients of that rule. Intent is your first prima facie element.

SFV Room 208: Act, which you don’t know what it is yet, I’m gonna explain it shortly.

SFV Room 208: is your second prima facie element. You with me?

SFV Room 208: Causation is your third prima facial.

SFV Room 208: Hardful offensive is your fourth prima facie element.

SFV Room 208: The fifth, Is of the plaintiff’s person.

SFV Room 208: You see now? What are the prima facie elements? They are the… Elements. Elements, or the components, of each…

SFV Room 208: Cause of action.

SFV Room 208: So my lawyer needs to prove what? That you acted intentionally, and we have a rule for intent. You acted either specifically or with general intent. Then we’re gonna learn in a second what is an act.

SFV Room 208: Causation, harmful, offensive, Touching of the plain fixed person.

SFV Room 208: If my lawyer can put on enough evidence, to meet…

SFV Room 208: each and every prima facie element, then what has he done? He has successfully stated the cause of action.

SFV Room 208: You follow? This is exactly what happens in court.

SFV Room 208: So, my lawyer needs to say, well, how am I going to prove the intent?

SFV Room 208: Did you act with specific intent? Did you act with general intent? Okay, you were swinging the cane, alright? You didn’t act with specific intent because you did not want to bring about

SFV Room 208: Those consequences, but you probably knew with substantial certainty that it would occur, but that’s a really difficult one, too.

SFV Room 208: Perhaps not. If you can’t prove substantial certainty, then what are you going to do, Ariel? Then you’re going to see, maybe Ariel did not act intentionally, so I need to come up with another theory of recovery.

SFV Room 208: And that becomes negligence. So that becomes your plan.

SFV Room 208: Beak.

SFV Room 208: Okay, so if I can’t prove intent, I go to negligence.

SFV Room 208: Okay, what’s your name?

SFV Room 208: Tamara? Tomorrow, sorry. And Tomorrow, he’s saying.

SFV Room 208: Why not do negligence to begin with? Why bother with intentional tools? Well.

SFV Room 208: A lot of, you know, most personal injury cases are just negligence, because, you know, if Gabor is texting and driving and he rear-ends me, I cannot show that he acted intentionally.

SFV Room 208: I cannot even… so you didn’t act with specific intent, and I cannot show with substantial certainty that you intended to bring about those consequences. So most personal injury cases, you don’t have intentional torts.

SFV Room 208: You have negligence. But tomorrow, if you’ve got

SFV Room 208: You’re my lawyer against Ariel. You can show that she acted intentionally towards me. Next semester, we’re gonna learn.

SFV Room 208: then maybe I can get to recover punitive damages against her.

SFV Room 208: You see?

SFV Room 208: So, sometimes it’s good to have intentional torts as a cause of action.

SFV Room 208: But for now, we know it’s on the bar, so we’ve got to make our peace with intentional torts, okay? So…

SFV Room 208: Sorry, you said if there are intentional, if there is intention, then, punitive damages also can be named? No. No. Next semester, we do punitive damages, and then we learn that in order to recover for punitive damages.

SFV Room 208: Defendant must have acted with common law malice.

SFV Room 208: Okay? And malice, we have to explain that, but allow… shelf that, good question, but shelf it for torts, too. One thing that I know is always frustrating, like Lara is saying, well, why aren’t you talking to male punitive damages? You… you can download all this information in one session.

SFV Room 208: It takes a year. You gotta trust me to let… allow this to download.

SFV Room 208: Okay? Everything needs to download in a certain sequence for it to make sense. So next semester, we’re gonna learn what is it additionally we need to prove in order to recover for punitive damages.

SFV Room 208: Okay, and there’s a week… Lecture on that issue.

SFV Room 208: All right? So, what is an act?

SFV Room 208: An act must be a volitional act. We’re typing. An act must be a volitional act.

SFV Room 208: And what is a volitional act?

SFV Room 208: Okay?

SFV Room 208: I am having an epileptic seizure.

SFV Room 208: And I strike Yevor.

SFV Room 208: In the face.

SFV Room 208: It was a revolutional act. It was not evolution.

SFV Room 208: You see? I fainted. On my way down, I hit you.

SFV Room 208: So, it is very easy to prove act.

SFV Room 208: Okay? If I had a stroke, and I fainted, and I rear-ended you, I was not acting position.

SFV Room 208: Would it be the same as voluntary act? Like…

SFV Room 208: Not voluntary, no. Volitional is not synonymous with voluntary.

SFV Room 208: Okay, but volition is a term of art.

SFV Room 208: used by itself. Okay, it means a conscious act.

SFV Room 208: Okay.

SFV Room 208: Causation in torts, intentional torts is exceedingly simple.

SFV Room 208: Ariel punched me in the face, it caused my jaw to break. That’s it.

SFV Room 208: Later this semester, when we get into negligence.

SFV Room 208: We spend a lot of time on Cause.

SFV Room 208: And that’s the hardest part of torture.

SFV Room 208: approximate cost.

SFV Room 208: Does causation the injury? Causation is…

SFV Room 208: like, the result of the act. Right. You did something wrong, It led to… the injury.

SFV Room 208: Okay.

SFV Room 208: There is… a Latin term.

SFV Room 208: called Post Hawk Ergopter Park.

SFV Room 208: Okay, yeah, I’m gonna fill you with Latin. That’s my secret weapon. Okay, post hoc ergo proprter hoc means after this, because of this.

SFV Room 208: Don’t mean to learn it, but it’s a fallacy.

SFV Room 208: Just because something happened after something else, it does not mean that it was caused by that.

SFV Room 208: Okay?

SFV Room 208: And we will learn, also, …

SFV Room 208: In… when we do negligence, okay, we will learn causation in fact, Okay.

SFV Room 208: As we learn the term sine qua non.

SFV Room 208: Without which it cannot be.

SFV Room 208: Okay, so yeah, guys, make your peace with Latin, alright? You are… Becoming a lawyer.

SFV Room 208: Okay? And Latin is the language of law.

SFV Room 208: All right? Modern day, people run away from Latin, you know, like, if it’s, you know, it’s a disease of some sort, okay? I embrace it, alright? And…

SFV Room 208: Yeah, intentionally, too.

SFV Room 208: I speak a lot of Latin in court, intentionally, because nobody knows, so they all are too embarrassed to say, Your Honor, what did he just say? So, you know, they all look like deer caught in the headlights, okay? So, it’s a tactical thing.

SFV Room 208: We’re not florists.

SFV Room 208: All right? We’re there to be.

SFV Room 208: Buy the book, Similarly.

SFV Room 208: Okay? But your mind is not going to come up to you and say, Gamor, you did such a good job. I know you lost the case, but…

SFV Room 208: It’s just like you going to your basketball coach, saying, Coach, did you see how well I dribbled the ball from one end of the court to the other?

SFV Room 208: Coach is gonna say, what’s wrong with you? You didn’t put the ball in the basket. In our business.

SFV Room 208: You’re gonna put the ball in the basket!

SFV Room 208: We’re not getting paid for our good looks and charm.

SFV Room 208: Forgetworld, maybe, but, you know, this is just, just not the case. We’re there, we win by the rules.

SFV Room 208: And we’re using solidity in what we do, yeah, but this idea that, you know, we’re holding hands singing kumbaya on which planet?

SFV Room 208: Alright? …

SFV Room 208: I’m a divorce lawyer. There’s an expression in our business that says it’s a knife fight in a phone book.

SFV Room 208: Okay.

SFV Room 208: So… … act.

SFV Room 208: Causation… Harmful or offensive?

SFV Room 208: Is your neck prima facialima?

SFV Room 208: And you were saying, what is harmful offensive?

SFV Room 208: Because what is harmful? If I…

SFV Room 208: Okay, I’m just constantly keep clicking on golf here. I tap Arm on the shoulder.

SFV Room 208: And I said, sir, could you please give me directions to the nearest gas station? And he says, battery!

SFV Room 208: Right? I wouldn’t do that. Okay.

SFV Room 208: I’m the King of England!

SFV Room 208: How dare you touch… You know, His Majesty.

SFV Room 208: Right? It’s tap on the shoulder to get directions? Is that harmful or offensive?

SFV Room 208: You see? Now, …

SFV Room 208: So, we need to understand that, what is… and I’m going to give you black letter law on this, that what is harmful offensive is measured by a reasonable person’s standard. Okay, I’m going to give you black letter law, relax, don’t write down gibberish.

SFV Room 208: Okay.

SFV Room 208: So… Just because Aram finds it… offensive.

SFV Room 208: It doesn’t mean that a reasonable person would find it offensive.

SFV Room 208: Okay?

SFV Room 208: You’re getting into an elevator, and you, you know, your shoulders You know, touch, Okay.

SFV Room 208: Battery! It wasn’t harmful, nothing happened to you, nor was it offensive.

SFV Room 208: Okay.

SFV Room 208: A vis-a-vis a hug. That may be battery.

SFV Room 208: Okay.

SFV Room 208: I… I am not a touchy-feely person, okay? And so…

SFV Room 208: You know, it is still a reasonable person’s standard.

SFV Room 208: And then lastly, I want to give you a black letter, relax. Lastly, we’re talking about… The plaintiff’s person.

SFV Room 208: Okay?

SFV Room 208: Nikon over here… I pronounced that right.

SFV Room 208: He yanks on my tie.

SFV Room 208: You’re my lawyer.

SFV Room 208: was there… An offensive touching of the plaintiff’s person.

SFV Room 208: There was. He didn’t touch me. It’s transference of energy. Yeah, it’s connected to… There you go. You see the… you see the problems?

SFV Room 208: This is why we need a judge to instruct the jury as to what the law is.

SFV Room 208: Are you guys following? And we’re going to learn in a bit that anything that is intimately connected to the plaintiff’s person satisfies a touching element.

SFV Room 208: So, when he yanks on my tie, when he grabs my coat.

SFV Room 208: When he flips my baseball cap.

SFV Room 208: Even though he never touched the plaintiff’s person, It satisfies the touching element.

SFV Room 208: But, if I bang on Nikon’s table, desk here, And then he says, battery!

SFV Room 208: Okay?

SFV Room 208: Well, what is it he needs to prove? He needs to prove that his elbow was on the table, and the table was something that was intimately connected to the plaintiff’s person. Who gets to decide whether it was or not? Jury.

SFV Room 208: You put it in front of 12 people, members of the jury, give them bad Chinese food, and ask them to make that decision.

SFV Room 208: That’s how Julia works.

SFV Room 208: Any of you guys ever served on a jury?

SFV Room 208: They kicked me out. They kicked me out? Yeah, they kicked me out. So…

SFV Room 208: The number one complaint of jurors? Uncomfortable seats, you know?

SFV Room 208: And this is how jurors work.

SFV Room 208: Those are questions of fact!

SFV Room 208: Who am I to say whether this table is intimately connected to Nick Osborne?

SFV Room 208: Elbow or not.

SFV Room 208: Let’s push them a fact.

SFV Room 208: Whether my tie is intimately connected to me or not, That’s a question of fact.

SFV Room 208: That’s what jurors do.

SFV Room 208: Okay, so, … We wrote down that patty is an intentional act by the defendant.

SFV Room 208: That causes a harmful offensive touching of the plaintiff’s person, right?

SFV Room 208: Next sentence that we are writing, what is harmful or offensive is measured by a reasonable person’s standard. What is harmful or offensive

SFV Room 208: Not measured, determined by… a reasonable person’s standard. What is harmful offensive is determined by a reasonable person’s standards.

SFV Room 208: Okay? So, I don’t get to say, with somebody tapping on the shoulder, asking for directions, that I’m the Queen of England.

SFV Room 208: You should not have done that. It doesn’t matter. Would a reasonable person be offended by that type of contact? Next sentence.

SFV Room 208: Anything intimately connected to plaintiff’s person…

SFV Room 208: Anything intimately connected to the plaintiff’s person

SFV Room 208: is a part of plaintiff’s perk.

SFV Room 208: Anything intimately connected to the plaintiff’s person is a part of a plaintiff’s person. Anything connected intimately to the plaintiff’s person is a part of

SFV Room 208: just curses.

SFV Room 208: Repetition.

SFV Room 208: Is the key to memorization.

SFV Room 208: Sunday school.

SFV Room 208: What is Sunday school? Okay, …

SFV Room 208: You just keep repeating it. You just keep repeating it, until you get fluid with it.

SFV Room 208: And, you know, you’re asking me, Lara over there is asking me, why should I become fluid? I tell you why.

SFV Room 208: Because 3 years from now, You have 100 multiple-choice questions in 3 hours.

SFV Room 208: Do you know how quickly you need to retrieve

SFV Room 208: The black letter law in your head.

SFV Room 208: To be able to answer that multiple-choice question.

SFV Room 208: I talk to the students who don’t pass the bar.

SFV Room 208: They usually don’t pass the barb on the multiple choice question.

SFV Room 208: Because this is exactly what happens.

SFV Room 208: They look at their watch, It’s 2 hours and 40 minutes into the exam. They have 20 minutes left.

SFV Room 208: Right?

SFV Room 208: And they have 20 questions left.

SFV Room 208: Guess what happens, Josh? Boom-boom! Boom-boom! Boom-boom! Stress kicks in.

SFV Room 208: Okay?

SFV Room 208: Cortisol kicks in instead of endorphins.

SFV Room 208: You see, your nervous goes up, and guess what happens as soon as you get nervous that way? Your brain shuts down.

SFV Room 208: God, I’ve got 20 minutes and 20 questions. Can’t breathe, can’t breathe, you know?

SFV Room 208: And they freeze.

SFV Room 208: And they’re done.

SFV Room 208: This is why I beg students.

SFV Room 208: When you’re preparing for the bar, don’t sit and do 20 multiple-choice questions.

SFV Room 208: Lock yourself in a room.

SFV Room 208: For 3 hours. No bathroom.

SFV Room 208: No phone.

SFV Room 208: And do 100 questions.

SFV Room 208: And keep doing it until you develop this biological clock.

SFV Room 208: That shows you what should be the pace.

SFV Room 208: Too early for now, okay? And this is why people wear diapers when they’re taking your borridge.

SFV Room 208: Okay? How long is it gonna take you to go to the bathroom and come back?

SFV Room 208: 4 minutes, Alright? That could be two questions.

SFV Room 208: Right?

SFV Room 208: So, that’s what people do.

SFV Room 208: So, you know, you’re gonna have to learn not to overhydrate before you walk in. Don’t, you know, over-caffeinate, and that’s, you know, we still got 3 years to worry about that. But that’s the pace. So this is the point I was trying to make to you. If you don’t have these things memorized, you won’t be able to retrieve it quickly, and if you can’t retrieve it, you’re not going to be able to answer 100 multiple-choice questions in 3 hours.

SFV Room 208: You guys are lucky. Now St. Barb, California is only 2 days exam.

SFV Room 208: When I took it, it was 3 days.

SFV Room 208: And the hard part was, how well is your brain functioning in the third day afternoon session? Is it like jello?

SFV Room 208: What is your name? I don’t remember. Okay.

SFV Room 208: So… This is why we need to memorize.

SFV Room 208: Alright, so now… Alex?

SFV Room 208: Do I need to show damages in order to recover for battery?

SFV Room 208: Nope.

SFV Room 208: Why?

SFV Room 208: Look at your notes. There’s your answer.

SFV Room 208: Do you see damages as a prima facie element?

SFV Room 208: You see, Alex, that was your first step towards becoming a boy.

SFV Room 208: Stepping outside of Starbucks, And into law school.

SFV Room 208: Because in Starbucks, it’s just my opinion against George’s opinion, right?

SFV Room 208: two dudes sitting in a Starbucks having coffee, and I’m saying, you know, …

SFV Room 208: this team is a good team, and you’re saying that team is a good team, right?

SFV Room 208: Your opinion versus my opinion. You like green, I like blue.

SFV Room 208: Okay, opinion versus opinion.

SFV Room 208: Right? That’s not the business we’re in, George.

SFV Room 208: We’re in analysis. When I asked Alex, do I have to prove damages in order to recover from battery, the point that I’m trying to teach here, don’t look inside.

SFV Room 208: What do I think? What do I think? What do I think? Stop it!

SFV Room 208: Nobody cares what I think.

SFV Room 208: Nobody cares what I think. They’re paying me for my analysis.

SFV Room 208: Not for my opinion.

SFV Room 208: Right?

SFV Room 208: The fact that I like blue over green, who cares?

SFV Room 208: Do you think we’re going to get paid for that? No. We get paid for our analysis. So when I ask Alex, do I need to prove… do I need to show damages in order to recover for battery? What is the first thing that we do as non-lawyers?

SFV Room 208: What do I think? What do I think? What do I think? Looking inside for answers. Stop it.

SFV Room 208: What we do as lawyers.

SFV Room 208: instead of looking within for the answer, where should Alex be looking? Where is the rule?

SFV Room 208: You search for the rule.

SFV Room 208: There’s your answer. He looked for the rule, and what did the rule say? Battery is an intentional act that causes a harmful offensive touching of the plaintiff’s person. What are the prima facie elements of battery? Intent, act, causation, harmful offensive, plaintiff’s person. Do you see damages there?

SFV Room 208: So, Alex, is damages required for battery? No. You see how he answered that?

SFV Room 208: Rather than, what do I think? What do I think?

SFV Room 208: You search for the rule.

SFV Room 208: There’s your head.

SFV Room 208: A client hired me, I’ll never forget, in November, to file a motion for her. It was January, I still hadn’t filed it.

SFV Room 208: She calls me up, says, what’s wrong with you?

SFV Room 208: Why haven’t you filed my motion?

SFV Room 208: I told her, because I don’t know

SFV Room 208: How to articulate the argument, and articulate the issue.

SFV Room 208: If I don’t know how to articulate the issue, how am I going to argue it before a judge?

SFV Room 208: It took me 3 months.

SFV Room 208: of… Thinking about, what really is the issue here?

SFV Room 208: Because in law, whoever frames the issue, When’s the case?

SFV Room 208: you gotta learn how to frame the issue. So what’s the issue here? Is…

SFV Room 208: damages a prima facie element for the cause of action for battery. And you look at the rule, and it’s not there, and the answer is no.

SFV Room 208: Game, set, match.

SFV Room 208: Alright? So, …

SFV Room 208: In Kendall v. Brown, the court says, the decision summarizes three possibilities.

SFV Room 208: The defendant’s action was intentional.

SFV Room 208: Defendant acted with fault, remember?

SFV Room 208: Ports is a fault-based system of recovery.

SFV Room 208: So… The plaintiff’s attorney is going to be looking to see whether the defendant acted intentionally or not.

SFV Room 208: In order to answer that, what do you do?

SFV Room 208: What do I do? Yes? I would look at, specific intent, there is no specific intent, and then general, I would say there is no general intent either, because he was backing up.

SFV Room 208: Okay? You see, she is not going into, what do I think, what do I think, what do I think business, right? She’s going to the rule. She’s applying the facts to the rule. Application of the facts to the rule. What do we call that, give org?

SFV Room 208: Hawaii? Analysis. Yeah, analysis.

SFV Room 208: Alright?

SFV Room 208: That’s when the points are.

SFV Room 208: on an essay exam.

SFV Room 208: That’s how you pass the bar!

SFV Room 208: I told you, I scrape for the California State Bar.

SFV Room 208: Okay? And where do you think we… what do I think I look at?

SFV Room 208: the quality of Baha’s analysis.

SFV Room 208: Okay?

SFV Room 208: Everything is in analysis, so that’s why I always laugh.

SFV Room 208: When people come out of their exams, and they say, Did you find guttering?

SFV Room 208: That’s the conclusion, you see?

SFV Room 208: Who cares about the conclusion?

SFV Room 208: Nobody cares about that. We care about analysis, because why? Remember when Ariel punched me in the face?

SFV Room 208: Why is her attorney bought, … Jim.

SFV Room 208: Gervor is my attorney, right?

SFV Room 208: He’s arguing!

SFV Room 208: Specific intent, you’re arguing no intent.

SFV Room 208: Right? So we as lawyers, we don’t care about the conclusion. God created…

SFV Room 208: Hey, how are you? It’s hockey.

SFV Room 208: Okay, God created jurors to answer that question. What does He do? He presents the facts to the jurors in the light most favorable to His client.

SFV Room 208: What do you do? You present

SFV Room 208: The facts to the jurors in the life most favorable to your client.

SFV Room 208: And I wish this… On all of you.

SFV Room 208: There is nothing more euphoric.

SFV Room 208: Then, when you are arguing your case to the jurors.

SFV Room 208: And you look in their eyes.

SFV Room 208: And you have what, you know, that Oprah awe moment.

SFV Room 208: Okay? And you feel like you connected with them.

SFV Room 208: Oh, man, it’s like…

SFV Room 208: the best feeling on the world, in the world, you know? It’s like a mic drop, I’m done.

SFV Room 208: Okay. Wow.

SFV Room 208: Oh, when you look at the jurors, and they’re looking at you and saying, you on drugs? Remember my cousin Vinny? Okay, the best legal movie ever? Okay.

SFV Room 208: But when they connect with you, it’s like…

SFV Room 208: Oh, man! You got them. Game, set, match.

SFV Room 208: Such a euphoric feeling.

SFV Room 208: Bless us.

SFV Room 208: good feeling as a lawyer ever gets, okay? And Jordan’s saying, well, get a life, all right. Yeah, but, you know.

SFV Room 208: This is my passion.

SFV Room 208: Alright.

SFV Room 208: It doesn’t have to be yours.

SFV Room 208: You know, you ever may want to become an architect?

SFV Room 208: May the Force be with you.

SFV Room 208: Okay? Follow your bliss, whatever it may be. If this does nothing for you, move on.

SFV Room 208: Find whatever connects with you.

SFV Room 208: Your time is way too more valuable.

SFV Room 208: Okay? And who says that law should be Gerber’s calling?

SFV Room 208: Okay? It may be architecture.

SFV Room 208: Okay.

SFV Room 208: It may be, you know, electrical engineering, you know? It may be medicine.

SFV Room 208: Okay? Whatever it may be, find it, pursue it.

SFV Room 208: You know, follow your bliss, follow your passion, whatever it may be.

SFV Room 208: Don’t let anybody tell you what it should be.

SFV Room 208: Okay?

SFV Room 208: Alright, so now… We’re gonna go to the case of Cohen versus Petty, okay?

SFV Room 208: Plaintiff, a passenger in defendant’s car had alleged that defendant was at fault in driving his automobile, operating it at an excessive rate of speed, and losing control of it.

SFV Room 208: The car ran off the road, and plaintiff was injured in the accident. Defendant claimed he lost control of the car because he fainted.

SFV Room 208: You see that? Because he fainted.

SFV Room 208: Had never fainted before, And no indication he might faint.

SFV Room 208: He was in good fit… in good health.

SFV Room 208: Alright? So, …

SFV Room 208: Was his conducts Was his conduct intentional?

SFV Room 208: See, it was not intentional.

SFV Room 208: was his Volitional.

SFV Room 208: I forgot your name already. Naira. Naira. Was his act volitional?

SFV Room 208: He fainted.

SFV Room 208: It was not a conscious act, was it? No, it wasn’t. You see? We were trying to understand what an act is. An act must be a conscious, positional act. Otherwise, it’s not an act.

SFV Room 208: Now, there’s an interesting point in this.

SFV Room 208: So, was he negligent? No.

SFV Room 208: But, what if… Naila.

SFV Room 208: He had a history of pain.

SFV Room 208: Then yes.

SFV Room 208: It would still be a non-volitional act.

SFV Room 208: But his conduct, stay with me, don’t disconnect, okay? You can feed the dog later.

SFV Room 208: Okay?

SFV Room 208: But the conduct of driving a motor vehicle, when you have a history of fainting, can be conduct

SFV Room 208: That falls below the standard of care for reasonable food and driver under the circumstances. Because it is still not a volitional act!

SFV Room 208: But you may be found liable for operating a vehicle when there is a history of you fainting. As a matter of fact, tomorrow, if you go to your doctor.

SFV Room 208: And…

SFV Room 208: No, I don’t want to personalize it. If I go to the doctor, okay, if I go to the doctor, and I have a history of having epileptic seizure, you know what my doctor has to do by statute?

SFV Room 208: Has to report me to DMV and to have my license suspended.

SFV Room 208: Does that make sense, Alex?

SFV Room 208: You don’t want me on the roads, do you?

SFV Room 208: No. You know, my boy. Right?

SFV Room 208: This happens in California all the time.

SFV Room 208: And until DMV gets documentation from a physician that my epilepsy is under control, my license will not be raised in.

SFV Room 208: Shortlist the great state of California.

SFV Room 208: That happened to my mom.

SFV Room 208: She just… she fainted once, and then they took her, and then the… the doctor, whatever, wrote the note.

SFV Room 208: And at DMV cleared it, but insurances still, to this day, won’t clear it. We’re, like, stuck in one insurance. Wow. Because they keep on denying our coverage.

SFV Room 208: So this is what happened in Cohen v. Petty. So the court says.

SFV Room 208: See the distinction between the conduct that occurred while the defendant was unconscious. It was not a volitional act.

SFV Room 208: Even if she had had 10 fainting spells before.

SFV Room 208: And the conduct that led to the loss of consciousness.

SFV Room 208: Okay.

SFV Room 208: It’s 7.32.

SFV Room 208: I got a complaint today, a written complaint from a student about a professor, said.

SFV Room 208: The professor is not giving us a 10-minute break.

SFV Room 208: I said, really?

SFV Room 208: Your complaint is that the professor cares too much.

SFV Room 208: And he’s going… and the professor is a judge.

SFV Room 208: Okay, he’s going out of his way to convey as much material as he possibly can, alright, and you’re complaining about that.

SFV Room 208: Okay, fine. I will ask his honor to give you more breaks, you fragile flower. Okay, welcome to practice of love.

SFV Room 208: All right? This is… we have a judge who kept his students till 11 o’clock at night.

SFV Room 208: To me, you should get a gold medal.

SFV Room 208: This guy’s been on the bench all day, he’s going without dinner, he’s trying to teach somebody something, and he’s not… trust me, these people are not here because of money.

SFV Room 208: Okay? They are here because they want to make a difference. They want to pass along what they have learned.

SFV Room 208: Okay, they want to be an instrument of change.

SFV Room 208: And for somebody to complain, oh, you’re keeping me too late!

SFV Room 208: That’s not a lawyer mentality. We are lawyers, we don’t get tired. I always keep saying that, and a student had a t-shirt printed, and it’s my office, you can come and see it. It says, we’re lawyers, we don’t get tired. Okay, so go join 10 minutes.

SFV Room 208: Oh, is that what that was?

Marcy Perez: Ambass, or can I ask… Question?

SFV Room 208: Sutton?

SFV Room 208: Pastor?

SFV Room 208: Which problem is.

SFV Room 208: Chocolate, right?

SFV Room 208: I’ll send you the notes that are highlighted. I messaged Nat, she signed it.

SFV Room 208: Wow, you guys all know each other.

SFV Room 208: Sorry.

SFV Room 208: It’s a close environment. Are you sure? Yeah.

SFV Room 208: Are you positive? Yes.

SFV Room 208: Thank you now.

SFV Room 208: That’s what we’re expecting.

SFV Room 208: You’re almost finished.

SFV Room 208: Actually, that’s…

SFV Room 208: I think that’s the future, because, like, in the next 5-10 years, there won’t be any paralegals, like, AI and everything look like. That’s what I’m doing.

SFV Room 208: Don’t worry, we’re gonna be… we’re gonna have a lot of work to do during that. It’s not that good, though.

SFV Room 208: It’s…

SFV Room 208: I tested with my attorneys, and I have the draft up stuff, and my attorney always goes like, use ChatGPT, I can see it. She’s like, this is bad.

SFV Room 208: I mean, it’s the initial stages, right? But then I learned to do it how she likes it. A couple times she goes like, oh, see? You didn’t use it. I’m like, no, I still use it, just differently. Oh, I use it. I mean, like, it will get better and better, right? Like, the first versions are…

SFV Room 208: I don’t think so. I think it’s how we’re gonna use it is gonna change.

SFV Room 208: I disagree. I think, like.

SFV Room 208: Don’t you think, like, the technology, the programs, like, everything will advance, and there will be a stage that there will be, like, flawless? There will be, once we’re at a point where

SFV Room 208: Our laptops or, like, computers at work are so crazy powerful that they can run that amount of math really fast, but that’s not gonna happen soon.

SFV Room 208: You think so? Yeah.

SFV Room 208: I mean, sure, there’s one company releasing them soon, but they’re, like, 3 grand each.

SFV Room 208: So, I don’t know if…

SFV Room 208: It’s interesting to hear, because, like, when I tell people I’m going to law school, everybody tells me, like, hey, in the future, like.

SFV Room 208: like, AI is gonna, like, replace me, and I think, like.

SFV Room 208: I agree with that, like, for the most part. At least with paralegal works, I think. Paralegal, yeah. Yes, in the next 5 years. So if you know how to program…

SFV Room 208: you can, like, develop your own app, maybe even not for lawyers to use, for normal people to get, like, advice or something like that. Like, you want to go and see… I don’t think it’s legal.

SFV Room 208: It’s not legal? No, because then you’re giving… your software is giving illegal advice without a license. I know that currently there are softwares that will give you legal advice regarding to, the personal injury cases. And I mean, like, ChatGPD also gives you, like, legal advice sometimes, right? Like, you ask, oh, this happened, what do you think?

SFV Room 208: So… Hmm, what I’m doing, it’s like…

SFV Room 208: We’re currently taking every single document that you have in class, in, like, for any case, and then it, like, converts it to, like.

SFV Room 208: essentially data that ChatGPT can read. So you can ask any questions, and it’ll have access to every single document, email, like, that attorneys ever sent, and it’ll instantly tell you, hey, you talked about this, or, like, here’s the info. So you can do, like, discoveries, you know.

SFV Room 208: And you have all that info somewhere tucked away, you just ask the questions. Exactly, right. Were you a programmer first, and then become, like, legal, or, like, the other way around?

SFV Room 208: Yeah, I… there’s no jobs, I ended up in a law office.

SFV Room 208: Always from what your, jobs. That was…

SFV Room 208: 23. I feel like at that, like, maybe in the past 5 years, I think, like, the 50 knew how to program.

SFV Room 208: There are a lot of shops, now it’s, like, very… it wasn’t? There’s so many of us that… Even 5 years ago? I mean, now it’s saturated. No. This was happening since, like, 2020. What languages do you know?

SFV Room 208: I know mostly JavaScript, some Python, but my forte is, like, web development.

SFV Room 208: So, anything in the browser.

SFV Room 208: I can do.

SFV Room 208: Do you need to, like… so the reason that you’re coming to law school is that… do you want to become a lawyer, or just… you want to become a lawyer? I want to have that separation.

SFV Room 208: You’re bound to be… taken away with ChatGPT, or you’re in the turn, you know?

SFV Room 208: I feel like it, … There’s a barrier that a chat GPT can’t cross.

SFV Room 208: Okay, I got what you mean. So if you’re licensed, then you’re trying to, like.

SFV Room 208: basically pass that barrier. I get what you’re saying. Yeah, because if you…

SFV Room 208: If you don’t have a licensee, you’re just barely… Yeah, that’s true.

SFV Room 208: I think it’s very cool that you have that programming background, because I think in the future.

SFV Room 208: You know, I even thought about it myself, like, you know…

SFV Room 208: Maybe develop an app or something, you know.

SFV Room 208: That’s how I see the future will be.

SFV Room 208: Nowadays, you use Prompt, though, Let’s make you an Alex.

SFV Room 208: very horrible on the books. I mean, like, something sophisticated.

SFV Room 208: Let’s see… Well, thanks for that, did I?

SFV Room 208: Jesus.

SFV Room 208: I don’t know from what year that is, but it’s… this…

SFV Room 208: Yeah, still at least that’s very funny, thanks for that.

SFV Room 208: Just when you email.

SFV Room 208: This way, he says you can, like, look at it.

SFV Room 208: That’s definitely great. Thanks for that.

SFV Room 208: I’ll have the book, if you want.

SFV Room 208: Can you give us the book, do you have, like, a better version of the book? I’m 14.

SFV Room 208: Yes, we do have that as well.

SFV Room 208: It’s a PDF.

SFV Room 208: Do you want my email?

SFV Room 208: Anybody that office graduated from here, or is it, like, your friends, or…? I have a lot of people at my work that are from here.

SFV Room 208: So nice.

SFV Room 208: And one of them teaches rhythm. It’s really fun.

SFV Room 208: Teachers work?

SFV Room 208: It’s just legal right here. In here? Oh my god, it’s… So, any question I have, she’s literally right behind me, so…

SFV Room 208: That’s a great, like, thing to have, like, resources.

SFV Room 208: Like, whenever I need a schedule, I just go like, here’s my phone, put my schedule.

SFV Room 208: Well, because she knows all the teachers, it was good, who’s bad.

SFV Room 208: Okay, I’m gonna bug you next time for registration.

SFV Room 208: Do you happen to have the… as well.

SFV Room 208: Because it’s the one that is very expensive. Contracts? No, I came in and bought it. I could not find through the land for me.

SFV Room 208: That was, like, 300-something. The calamari one? Yeah.

SFV Room 208: No, not the calamari one. The, yes, the Calamore one.

SFV Room 208: Yeah, I tried everything. I… messaged everyone.

SFV Room 208: I found a guy who sells Aspen books for $18. Aspen Books, what is Aspen Books? Basically, like, published by Aspen.

SFV Room 208: Okay. I received that.

SFV Room 208: I can get…

SFV Room 208: Is that someone you can share his contact on? Okay, sure if you can share that. So, like, you should just, like, directly, like, contact him and say, like, I want this booking, he can get it.

SFV Room 208: That’s very good.

SFV Room 208: Is that Telegram?

SFV Room 208: Huh?

SFV Room 208: Yeah, this guy, yeah.

SFV Room 208: You’re gonna have them.

SFV Room 208: Thank you.

SFV Room 208: Let me just explain.

SFV Room 208: Or is there… yeah, tell me. Yeah, I can, I can…

SFV Room 208: Oh, I love the smoke.

SFV Room 208: Well, thank you for that.

SFV Room 208: Do you know how it’s gonna… the final is gonna be with, …

SFV Room 208: Professor Zahn, do you have any idea of, like, the essays and everything else.

SFV Room 208: That’s a question for later.

SFV Room 208: Nation.

SFV Room 208: here.

SFV Room 208: Cream to fascia.

SFV Room 208: Freemophacia.

SFV Room 208: Because that’s true.

SFV Room 208: And I select her, though.

SFV Room 208: Alright, that was more than 10 minutes.

SFV Room 208: Let’s go, everybody.

SFV Room 208: What’s up, Jason?

Jason Azizi: Hello, Professor Zond, how are you?

SFV Room 208: If I was any better, I couldn’t stand it.

SFV Room 208: Of course. Get a lot of the confidence, yes.

Marcy Perez: Professor, I… I missed a couple of the, … the element rules.

SFV Room 208: Sure.

Marcy Perez: I miss….

SFV Room 208: Intent.

Marcy Perez: Harmful or offensive, and….

SFV Room 208: I’m trying to find out who’s called friendly first.

SFV Room 208: Nor not on video.

SFV Room 208: So…

SFV Room 208: Who’s talking to me? I’m sorry. It’s on the left side right there. On the left side. Yes. Barsi! How are you? Alright, let me ask you a question.

Marcy Perez: So I miss the harmful or offensive.

Marcy Perez: Element, rural.

SFV Room 208: Yes.

SFV Room 208: The black leather law for harmful offensive.

Marcy Perez: is that….

SFV Room 208: What is harmful or offensive is determined by a reasonable person offended.

SFV Room 208: What is harmful or offensive is determined by a reasonable person’s stance. What is harmful or offensive is determined by a reasonable person’s stand.

SFV Room 208: What else do you have, Marcia?

Marcy Perez: And then also, I need, of the plaintiff’s person.

Marcy Perez: Is it of the plaintiff person.

SFV Room 208: I just….

Marcy Perez: person.

SFV Room 208: Okay, anything intimately connected to the plaintiff’s person, anything intimately connected to the plaintiff’s person is a part of the plaintiff’s person. Anything intimately connected to the plaintiff’s person is a part of the plaintiff’s person.

SFV Room 208: What else we got?

Marcy Perez: And then the last one is intent.

SFV Room 208: Intense.

Marcy Perez: Is that when we just go in, we just select either specific or general intent?

SFV Room 208: Under intent, you need to ask yourself, did the defendant act with specific intent.

SFV Room 208: Or the defendant acted with general intent.

SFV Room 208: Do you have those definitions, or would you like me to repeat?

Marcy Perez: I have the definition, so, like, if it was an exam, then I would talk about

Marcy Perez: I would say whether it was specific or general intent, and then I would just start.

SFV Room 208: You would do the following. You would say, did defendant act intentionally?

SFV Room 208: Okay?

SFV Room 208: And then you would say intent.

SFV Room 208: It’s either specific, or it’s general.

SFV Room 208: Specific intent is… general intent is. Then apply the facts.

SFV Room 208: And say, you know, whether he meets one or the other. Or if he doesn’t meet either, then you… the act fails as being an intentional act. One second, let me finish with Marcy. I want to make sure I’ve answered all her questions.

Marcy Perez: Yes, thank you so much.

SFV Room 208: Sorry, two questions, kind of. Number one, do you grade our finals yourself, or somebody else? I have, …

SFV Room 208: a professor who grades for me, and they… then I approve them.

SFV Room 208: And I published that. Okay. And the second question is, so, for example, if we were to establish intent, would you like… and if there’s general intent instead of specific, would you like to start it off by maybe showing how specific intent is negated?

SFV Room 208: how it fails, and then go on to… Yeah, you would start with specific intent, and you would say, you know, when he was swinging his cane, did he not intend to bring about that specific outcome, so there was no specific intent, and did he act with general intent? Did he know with substantial certainty that the outcome would occur? And then you apply the facts to that.

SFV Room 208: And if it fails, the person did not act intentionally. Look, I get it.

SFV Room 208: This is way too early for you guys to start worrying about essay writing.

SFV Room 208: I know what you don’t know.

SFV Room 208: Okay? We are gonna do practice exams.

SFV Room 208: Okay, this is not my first rodeo.

SFV Room 208: Alright? When we’re done with intentional torts, we do practice exam.

SFV Room 208: And we practice this. And one of the things that I highly recommend

SFV Room 208: We have our Friday academic support classes. You guys are aware of that?

SFV Room 208: Okay. You can get… take these writing classes at no cost to you.

SFV Room 208: If you’re not getting units for it.

SFV Room 208: If you want Eunice for it, you gotta pay. But if you just want to audit them, and…

SFV Room 208: you know.

SFV Room 208: You can take those.

SFV Room 208: And, you know, you can submit exams, they’ll give you feedback, because, look, I have 110 students.

SFV Room 208: Can you imagine if each one of them gives me an exam? Okay, I will see you in a year of our lower 2035. Okay? So, it’s just not gonna… it’s not realistic, okay? And that’s why we… we also recognize that you need

SFV Room 208: Practice exams, and that’s why we have the Friday academic support classes.

SFV Room 208: Okay? So they can supplement that type of training. But right now, let’s just… get our… you know.

SFV Room 208: Get warmed up, alright? Let’s just get through some causes of actions, and we will, at the right time, Aram, I promise you, I will not drop the ball on you.

SFV Room 208: Okay, we will do practice exams, yes. I have a question. The cases that you’re reading, is it from the book and the syllabus? Because, for example, the PADI case that you mentioned, I don’t have it under the battery section.

SFV Room 208: Corn versus petty?

SFV Room 208: Let’s see… On page 10,

SFV Room 208: It’s impossible. I’m looking at it.

SFV Room 208: Each 10 is different by you. What edition do you have? Is it the 15th edition, or is it the… This is the 15th edition.

SFV Room 208: You may have an older edition.

SFV Room 208: Okay.

SFV Room 208: And, … But it’s there. Cohen vs. Petty is in the 14th edition as well. Even if you go back to the 13th edition, it’s there.

SFV Room 208: Again, go down.

SFV Room 208: Alright, let’s keep going.

SFV Room 208: Oh, I’m missing pages. You found it? No, I’m missing some pages, that’s fine.

SFV Room 208: Alright.

SFV Room 208: Oops.

SFV Room 208: Let’s keep going.

SFV Room 208: Now, we’re gonna go to the case of Spano.

SFV Room 208: On page 13. Are we there?

SFV Room 208: Sarah, find it. Yes, yes, I find it. All right. Remember…

SFV Room 208: Oh, God, I’ve gotta remember, I start remembering their names, I’m so embarrassed that I don’t remember all the names.

SFV Room 208: Liana?

SFV Room 208: Right?

SFV Room 208: No? Huh? Okay. Woof! Okay, I didn’t screw up. Hallelujah. All right, Leona.

SFV Room 208: Remember, we had 3 pathways.

SFV Room 208: for proving fault in torts, right? Intentional, negligence, strict liability, okay? The reason this

SFV Room 208: … this case of spinal is there.

SFV Room 208: is not to teach you strict liability. You are not responsible for knowing strict liability in towards what? Just to expose you, so you know that there is

SFV Room 208: strict liability out there. The essence of strict liability is liability without fault.

SFV Room 208: Brianna, stay with… Okay?

SFV Room 208: So, if… Liana is driving, texting and driving.

SFV Room 208: And you run over my foot, Injuring me.

SFV Room 208: Do I have to show fault on you in order to recover from you?

SFV Room 208: There you go, yes!

SFV Room 208: However, if you choose to engage in certain types of activities.

SFV Room 208: Which we call abnormally dangerous activities.

SFV Room 208: In the second restatement of torts, and sometimes you see that in your textbook, it used to be called ultra-hazardous activity.

SFV Room 208: It’s kind of goofy, ultra-hazardous. So they changed it to abnormally dangerous.

SFV Room 208: So instead of driving your vehicle and running over my foot.

SFV Room 208: What if you were engaged in dynamite plastic?

SFV Room 208: in abnormally dangerous activity. What if you engaged… what if you had a crocodile as a pet?

SFV Room 208: Instead of a poodle.

SFV Room 208: And your crocodile bit me.

SFV Room 208: Okay? So, the law says if you choose to engage in an abnormally dangerous activity, Which is not illegal.

SFV Room 208: But if you choose to engage in that activity.

SFV Room 208: If you injure somebody as a result of engaging in the activity.

SFV Room 208: We are going to make you strict li- strictly liable.

SFV Room 208: The essence of strict liability is liability without fault.

SFV Room 208: So, if your pet crocodile bites me.

SFV Room 208: I get to recover from you without showing any fault on your part.

SFV Room 208: If your poodle bites me, I have to show some fault.

SFV Room 208: on your point. What do you recover from?

SFV Room 208: Her. Donor, if she has no fault either.

SFV Room 208: You don’t recover from the poodle, if that’s what you try. Probably, no. There’s liability without fault, so she’s not at fault, but she still has to pay. Yes, because she chose…

SFV Room 208: To engage in abnormally dangerous activity.

SFV Room 208: She could have owned a poodle, but oh no, she wanted to have a pet product.

SFV Room 208: Right? So, you know, when she had a guest over at our house for dinner, the crocodile got out and bit that guest, and she’s gonna turn around and say, you know, I had the best

SFV Room 208: crocodile cage that Mighty could buy. I had put in all the bells and whistles to make sure the crocodile does not get out. We don’t care about your standard of care.

SFV Room 208: Hold on.

SFV Room 208: As long as your cause damage to the plaintiff, plaintiff can recover from you without showing any fault on your part.

SFV Room 208: What did we just do to Liana? We increased the cost of…

SFV Room 208: Engaging in that activity to you.

SFV Room 208: Right?

SFV Room 208: So, you want to go into dynamo blasting?

SFV Room 208: May the Force be with you.

SFV Room 208: But if a projectile hits a pedestrian.

SFV Room 208: That pedestrian gets to recover from you without showing off fault.

SFV Room 208: So that’s the essence of strict liability. In Spono.

SFV Room 208: plaintiffs’ negligence in their complaints, neither of them put on evidence of negligence on the part of the contractors, you see? They couldn’t show what the contractors did wrong.

SFV Room 208: And instead relied on strict liability.

SFV Room 208: Alright?

SFV Room 208: Under existing precedent in New York in 1969, They had to prove

SFV Room 208: that there was negligence. So here, of course, allowed… I can’t wait to get the hair said, I needed to know.

SFV Room 208: I’ll start?

SFV Room 208: People are having way too much fun, okay? Which I’m very happy about, okay? Don’t stop having fun!

SFV Room 208: Okay?

SFV Room 208: Keep having fun. Work hard. Play hard.

SFV Room 208: Work hard, play hard, just don’t burn your time.

SFV Room 208: Get off of Facebook. Get off of Instagram, okay? As he puts his phone down. Okay, that’s what burns time. That’s unproductive time.

SFV Room 208: That’s what burns your time.

SFV Room 208: Go, go, have a great time, okay? Whatever it is, you know? Go enjoy your crocodiles, okay? Whatever it is that you like to do.

SFV Room 208: Play hard, because you need to recover.

SFV Room 208: Okay? Those students who just study and study and study, it’s impossible.

SFV Room 208: You’re gonna break down.

SFV Room 208: You’re gonna break down.

SFV Room 208: import discipline into your life. Okay, listen, I’m old, you have to listen to me. Okay?

SFV Room 208: That’s my only support for my claim, that I’m old. Okay, listen.

SFV Room 208: Import discipline into your life.

SFV Room 208: You work, set aside time for work, set aside time.

SFV Room 208: For eating, George, when you’re eating, Thou shalt not do anything.

SFV Room 208: But to enjoy the food.

SFV Room 208: And be in that moment. Don’t be just carving down the food while you’re worrying about your cases.

SFV Room 208: This is what lawyers do.

SFV Room 208: Remember? I used to work for this lawyer as a log clerk, and I remember she had ordered food, and she was just…

SFV Room 208: And I said, Elizabeth, what are you doing? You know, and she was just so… you know, eating was just a function.

SFV Room 208: Okay? Because she was hungry, and she was trying to fill her stomach. You can’t do that.

SFV Room 208: Okay?

SFV Room 208: When you eat, You eat.

SFV Room 208: Slow down.

SFV Room 208: Smell the food.

SFV Room 208: Enjoy that coffee.

SFV Room 208: Okay, rather than just… You’re missing out on life.

SFV Room 208: All there is in life is this moment.

SFV Room 208: Alright? Enjoy the moment. Whatever you’re doing.

SFV Room 208: Okay, so when I have people over for dinner, I tell them.

SFV Room 208: You’re not talking. Just sit down.

SFV Room 208: Focus on your flavor of your food. Slow it down. When was the last time you actually slowed down to smell a peach?

SFV Room 208: You’ve lost that joy in life.

SFV Room 208: When was the last time you really smelled your coffee?

SFV Room 208: Focus on the smell. Focus on the aroma.

SFV Room 208: Okay, focus on the taste. It just changes everything.

SFV Room 208: And it allows your body to recover.

SFV Room 208: Because in 15 minutes, you’re back in battle.

SFV Room 208: Emails.

SFV Room 208: Okay, I, I mean, listen, it’s truly this. When I, when I open my email, it’s like.

SFV Room 208: Explosions, okay? … You just gotta get ready for that.

SFV Room 208: So slow time down.

SFV Room 208: Be in the moment.

SFV Room 208: Okay.

SFV Room 208: Learn to breathe.

SFV Room 208: People say meditation is like pressing your leg for 3 hours and going, slow. Meditation could just be as simple.

SFV Room 208: As not thinking.

SFV Room 208: And enjoying your coffee.

SFV Room 208: Whatever you do, you do it with 100% dedication. So if you’re taking a break, Take it with 100%.

SFV Room 208: Don’t be thinking about other things.

SFV Room 208: Multitasking is screwing up everything at the same time.

SFV Room 208: Do one thing, do one thing right, and move on.

SFV Room 208: Alright? And that’s how you increase your productivity.

SFV Room 208: You bring discipline into your day.

SFV Room 208: This is when I’m working, this is when I’m checking my email, this is when I’m exercising, this is when I’m eating. This is when I am doing whatever.

SFV Room 208: But, when you are doing them all together, you don’t get any of it accomplished, and the day… ends…

SFV Room 208: And you look at your billing.

SFV Room 208: And George, it’s horrible.

SFV Room 208: Okay? You just burned the whole day.

SFV Room 208: Okay? That’s how you increase productivity. We’ll talk about that. Okay? So now… what we’re doing… is…

SFV Room 208: understand this… all this case of Spano did was expose you, to strict liability, and the court said, the question

SFV Room 208: Was not whether it was lawful or proper to engage in blasting.

SFV Room 208: But who should bear the cost of any resulting damage?

SFV Room 208: The person who engaged In the dangerous activity, or the innocent neighbor injured thereby.

SFV Room 208: That’s what strict liability is, okay? This is just exposing you to it, okay? Now, we’re gonna move on. We’re gonna go to Garrett versus Daly. We’re on page 27. Look, I’m briefing these cases, okay? Don’t get soft on me.

SFV Room 208: Okay?

SFV Room 208: I am briefing it, just so you guys understand what briefing is.

SFV Room 208: A small synopsis, articulation of the operative fact.

SFV Room 208: what the issue is, what is the rule, and the analysis. That’s all it is, okay? And don’t forget to look to see the year of the case, and where it came from.

SFV Room 208: Alright? All their cases, because some of these cases go back to the 15th century.

SFV Room 208: You can see how the language is different, you know, it’s not sophistication of the language, it’s very different.

SFV Room 208: Okay? And they have… they have evolved, just like everything else has evolved.

SFV Room 208: So, look at intent on the Garrett versus daily.

SFV Room 208: What happened in this case? So let’s say I’m asking Naira to brief this case. This is how I want her to brief it.

SFV Room 208: She’s gonna say, plaintiff… Ms. Garrett.

SFV Room 208: through the test, alleged, the defendant, Brian, 5 years old.

SFV Room 208: Brian, that’s… that’s relevant. Okay, 5-year-old Bryant deliberately pulled a lawn chair out from her as she was about to sit down.

SFV Room 208: I said, George is having flashbacks. Oh, I remember that! Okay, all right, so…

SFV Room 208: You get it, okay? I mean, that’s not too foreign. A lot of kids did that, okay, and they thought it was cute. So what happened, …

SFV Room 208: She tries to sit, She gets injured.

SFV Room 208: So… Naira is representing, for me is Garrett.

SFV Room 208: She needs to prove that Brian, 5-year-old Brian, acted intentionally.

SFV Room 208: Naira, did you get the black letter law from George?

SFV Room 208: Battery? Yeah.

SFV Room 208: and intent, and all that stuff. No, don’t answer my… no, no, just… I just want to make sure you got the black letter law. Yes. Zara, did you get the black letter law? Alright.

SFV Room 208: And guys, you know all these lectures are on D2L.

SFV Room 208: Okay, so God forbid, if somebody misses a class, which I don’t encourage.

SFV Room 208: unlike the old days, when we would miss a class, there would be discontinuity, and you wouldn’t know how to catch up. Nowadays you go on D2L, and on the other side of it is AI.

SFV Room 208: Right? Have you seen our new D2L? It’s all AI-operated now.

SFV Room 208: Okay, it says what George said in class, how many times he spoke, what he said, you know, I mean, it’s just like…

SFV Room 208: It’s scary, you know, what this AI is doing.

SFV Room 208: So now D2L is completely incorporated with AI.

SFV Room 208: I don’t think we got that update.

SFV Room 208: Yeah, you have it here in the tool. If you go under the video, on the right-hand side, you see all of it.

SFV Room 208: When you open it up through your main page. Yeah, it’s all the older, so, you know, everything is transcribed. Who said, how many times did this person speak, you know, you can go even to that person and see what they said.

SFV Room 208: Okay, so… is D12 up right now from last week?

SFV Room 208: See what we have in this class?

SFV Room 208: The recording? Yeah. It is up.

SFV Room 208: Because the student emailed me today saying, when are you going to put up? As if I put this up, okay?

SFV Room 208: Or tech people do. Okay.

SFV Room 208: That’s what he’s talking about. Oh. Okay, and if you go under it, you can see all the sub-functions, okay?

SFV Room 208: So, the question is, these little… Brian, act intentionally.

SFV Room 208: Nope.

SFV Room 208: This is what the court said.

SFV Room 208: Intent has nothing to do with malice.

SFV Room 208: Okay?

SFV Room 208: malice means… Ill will. Bad faith.

SFV Room 208: Okay. Intent. I intended to pull the chair out!

SFV Room 208: Okay?

SFV Room 208: Intent requires no showing of malice.

SFV Room 208: Or intends to injure.

SFV Room 208: On the or bad motive, it requires only a volitional act.

SFV Room 208: Okay.

SFV Room 208: The moving of the chair.

SFV Room 208: perform either with a purpose to cause harm, or with knowledge such that there is substantial certainty. Remember, general intent?

SFV Room 208: that the result… would be harmful or offensive. Are you guys seeing this? So… Pulling off the chair.

SFV Room 208: Don’t disconnect, don’t disconnect, come back, stay present, okay?

SFV Room 208: Look, you gotta train your minds.

SFV Room 208: I get it. You’re tired. Your mind starts wandering.

SFV Room 208: Tamara starts thinking about whether she has fed the dog, you know, whether she put gas in her car, she’s worried about global warming, okay? God knows what she’s worried, she’s… you know, there are a million other things that your mind starts wondering, okay? This is what you need to do.

SFV Room 208: Train your brain. As soon as you see your brain wandering, just say it to yourself.

SFV Room 208: Wondering.

SFV Room 208: Let it go. Let go of that thought. Come back.

SFV Room 208: Because you’re going to have time to worry about those other things.

SFV Room 208: Otherwise, you’re multitasking.

SFV Room 208: Not a good idea.

SFV Room 208: Okay? So… Back here again. What’s the volitional act? Pulling off the chair.

SFV Room 208: What is the intent? The intent is either specific or general.

SFV Room 208: So, … Spilling off the chair was a volitional act. The intent…

SFV Room 208: Was to cause a harmful or offensive touching.

SFV Room 208: Okay. So, did you have specific intent? No.

SFV Room 208: Did you know with substantial certainty that this harmful result would occur?

SFV Room 208: That’s a question of fact for the jurors to decide.

SFV Room 208: You guys see how it works?

SFV Room 208: Alright.

SFV Room 208: Professor, I have one question. I’m clear of all of this after all these years.

SFV Room 208: Who won the case?

SFV Room 208: You won the case? Under my… under what I’ve read years ago, and what I just read, I believe she did, and he didn’t, which is a child.

SFV Room 208: Am I correct?

SFV Room 208: I don’t know, nor do I care, because that’s just…

SFV Room 208: the jury verdict? Well, we care about how we got there. See, that’s the conclusion, and I don’t think that the case talks about it, in terms of, ultimately, after the appeal, what happened, okay?

SFV Room 208: So, the court says…

SFV Room 208: Intent does not mean that Brian intended to break her hip, only that he had the purpose or substantially certain knowledge that she made contact with the ground.

SFV Room 208: He knew with substantial certainty that she would fall.

SFV Room 208: He didn’t… doesn’t mean he intended to break her hip.

SFV Room 208: There’s no such a requirement, just that if you pull the chair, she’s gonna hit the ground. That’s the intent.

SFV Room 208: Alright. They have two different stories. Right. I think the court went with.

SFV Room 208: His story. Yeah, it took the child’s story. Okay. So, … Look at Wagner.

SFV Room 208: You see, now we’re dealing with a more modern case, 2005.

SFV Room 208: Alright?

SFV Room 208: Mrs. Wagner was standing in line at KB Market when she was suddenly attacked from behind.

SFV Room 208: By this guy, who grabbed her and her head and hair and threw her to the ground.

SFV Room 208: This dude was mentally disabled.

SFV Room 208: Accompanied by state employees who had brought her to Kmart as part of his treatment program.

SFV Room 208: And they remained there to supervise him. In order to recover from the state for the action of his employees in failing to adequately supervise this guy.

SFV Room 208: Mrs. Wagner and her husband had to persuade the court that Ms.

SFV Room 208: Kisy, I think that’s his name, did not constitute a battery.

SFV Room 208: So the court says, in order to be liable for the intentional tort of battery, defendant must have intended contact that was harmful or offensive.

SFV Room 208: Not to have intended offense for harm.

SFV Room 208: Okay.

SFV Room 208: So…

SFV Room 208: Attempting to save her claim, plaintiff argued that the action was not battery because the mentally handicapped attacker lacked the capacity to perform the intent to harm.

SFV Room 208: We’re gonna learn later.

SFV Room 208: Oops.

SFV Room 208: That mentally ill people 10… Form the requisite intent To commit a battery.

SFV Room 208: Right? We can go even a step further.

SFV Room 208: Mentally ill people can commit crimes.

SFV Room 208: George is rolling his eyes. But George, I am walking down Ventura Boulevard.

SFV Room 208: This guy comes up and whacks me in the head with a baseball.

SFV Room 208: He turns around and says, oh, I forgot to take my Prozac.

SFV Room 208: So I’m going, oh, that’s quite alright. I will go enjoy my jatted school. You move on your merry way.

SFV Room 208: Breathe!

SFV Room 208: somebody rear-ends tomorrow and gets out of their car and say, you know, I’m not all there.

SFV Room 208: Tomorrow, I go, oh, I understand. I’ll go fix my own car, I’ll go pay for my own medical expenses, and the 3 months that I’m gonna lose wages from my employment, that’s all on me. You have a lovely day. Do you see that?

SFV Room 208: People don’t know this about Los Angeles County Sheriff’s Department.

SFV Room 208: It incarcerates. You guys know what incarcerate means? It puts you in jail. More people… the jail system is bigger

SFV Room 208: Then the second and the third largest jails in the United States combined.

SFV Room 208: Pre-COVID, we had 33,000 inmates.

SFV Room 208: Okay?

SFV Room 208: Between Towers Correctional Facility downtown?

SFV Room 208: 98% of the ill inmates are on psychotherapic medications.

SFV Room 208: We criminally prosecute and incarcerate mentally ill people every single day, twice on Sunday.

SFV Room 208: Do you want it another way?

SFV Room 208: Think about it, George. Keep rolling your eyes. Somebody does something to you… And they’re gonna say it now.

SFV Room 208: I’m not, I’m seeing a therapist, I hope you understand. And your response?

SFV Room 208: Have a nice day. Thank you.

SFV Room 208: The second coming of Mother Teresa. Alright, I don’t think that’s reality.

SFV Room 208: Okay?

SFV Room 208: We as a society, we punish mentally ill people, and you may have heard of this, insanity defense, okay? That’s an entirely different thing.

SFV Room 208: In order to be adjudicated, What does adjudication mean?

SFV Room 208: Excuse me. Stop me. Ask!

SFV Room 208: Okay?

SFV Room 208: Make me earn my gigantic paycheck. Alright? If you don’t know a word, stop. Hey, what, what is that?

SFV Room 208: Okay? We invest in ourselves.

SFV Room 208: If you don’t know what adjudication is, don’t let me just say it and move on. What is adjudication? Google the damn thing.

SFV Room 208: Okay? Adjudication means judicial determination.

SFV Room 208: Some court making a finding.

SFV Room 208: Right? Unless the court finds That you cannot tell the difference between right and wrong.

SFV Room 208: You’re not mentally insane.

SFV Room 208: Insanity defense, so this is what Vi is gonna have. Somebody walks into his office as an attorney, says, you know, I got busted for stealing a, Louis Vuitton handbag from Indian Gales.

SFV Room 208: Can I plead insanity? And your response is, sure. If you wish to remain in an insane asylum for the remainder of your life.

SFV Room 208: Or until they say that you can’t tell the difference between right and wrong. Because if you cannot tell the difference between right and wrong, we cannot let you out in society.

SFV Room 208: You can kill me, and as far as you’re concerned, there’s nothing wrong with that.

SFV Room 208: Right? So, the insanity defense, there is such a thing. But it’s a really high threshold, you understand? As a person who cannot tell anything right and wrong.

SFV Room 208: That means you are really gone.

SFV Room 208: Okay?

SFV Room 208: So… But mentally ill people get prosecuted and put in jail constantly.

SFV Room 208: We do that all the time. There was a Texas case right now where the Texas should execute

SFV Room 208: A mentally ill minor.

SFV Room 208: Welcome to Texas!

SFV Room 208: Okay.

SFV Room 208: You may say, yeah… fine. I mean, that’s… I’m not here to pass judgment on that, but, you know…

SFV Room 208: This is how far we take it!

SFV Room 208: A mentally ill minor, they’re deciding in appellate courts of Texas whether or not they should execute such a person or not.

SFV Room 208: So, yeah, we do.

SFV Room 208: You know…

SFV Room 208: Unless you are mentally insane. And insanity is when you cannot tell the difference between right and wrong.

SFV Room 208: So, in court law, Mentally ill people.

SFV Room 208: Can form the requisite intent to commit intentional courts.

SFV Room 208: Alright?

SFV Room 208: Moving on.

SFV Room 208: Sorry, we talked about the immunity doctrine. The what? The immunity doctor. Immunity, look, I don’t want to really spend… immunity at the end of, …

SFV Room 208: This section, we deal with affirmative defenses to intentional torts.

SFV Room 208: And immunity is an affirmative defense.

SFV Room 208: Alright? Aram over here, is… a judge.

SFV Room 208: Judges suffer from… suffer. They enjoy judicial immunity. That means you don’t get to sue them.

SFV Room 208: Alright? It’s a complete bar to recovery.

SFV Room 208: Alright? Under common law, What’s common law?

SFV Room 208: English law.

SFV Room 208: Law of England that the 13 original colonies brought over and used it as the law of the land.

SFV Room 208: Okay, and today is the law of the land, the whole 50 states, unless overwritten by statute or case precedent. We covered that last week.

SFV Room 208: Alright? So, …

SFV Room 208: We will learn what is called sovereign immunity.

SFV Room 208: Under common law, you could not sue the king.

SFV Room 208: the king?

SFV Room 208: was immune.

SFV Room 208: It’s good to be the king. History of the World Park.

SFV Room 208: You remember the movie? Before your time. Okay, …

SFV Room 208: The king enjoyed immunity, could not sue the king. King could do whatever he wanted, and yeah, that’s the only time we use he, because…

SFV Room 208: you know, the role he is, okay? So, you could not sue the king.

SFV Room 208: That’s sovereign immunity. Did it continue to modern United States? You bet.

SFV Room 208: Is sovereign immunity so law of the land?

SFV Room 208: Yes!

SFV Room 208: And Alex is thinking, what do you mean?

SFV Room 208: Can you sue the state of California?

SFV Room 208: Yes.

SFV Room 208: You know why?

SFV Room 208: Because the king, the sovereign, the state of California, through statutes, Has allowed you

SFV Room 208: To sue it under certain conditions.

SFV Room 208: Any of you work for PI firms?

SFV Room 208: Okay, I don’t mean for you to incriminate yourself. Okay, but…

SFV Room 208: If you’re suing the City of Los Angeles, or County of Los Angeles, state of California.

SFV Room 208: Is it the same as suing me, the ordinary person?

SFV Room 208: You first have to send them a letter, right?

SFV Room 208: And then if they decline, then and only then, you see? So, they are saying, the king is saying, you can sue me, but… what? I have 6-month statute of limitations for a government entity. But under certain circumstances.

SFV Room 208: Okay? They are partially waiving their sovereign immunity, but sovereign immunity is still off the land.

SFV Room 208: So that’s an example of immunity. Immunity is a complete bar to recovery.

SFV Room 208: So Utah doesn’t allow that. State of Utah… has sovereign immunity.

SFV Room 208: So, when they were supervising this person, okay.

SFV Room 208: Their immunity was not for intentional torts.

SFV Room 208: So if you come into the battery.

SFV Room 208: The guy was on his own.

SFV Room 208: But if he was negligent in doing this, then their failure to supervise, which was a negligent act, there was no immunity for it.

SFV Room 208: So, just, just immunity means it’s an affirmative defense that’s a complete bar to recovery.

SFV Room 208: Law enforcement has qualified immunity.

SFV Room 208: Okay. As long as… Law enforcement is acting within policy.

SFV Room 208: You cannot sue them. Well, you can sue, but immunity would be an affirmative defense that they will raise that will have your case dismissed.

SFV Room 208: Okay.

SFV Room 208: So, moving on.

SFV Room 208: Look at the case of McGuire. That’s in your week 2 meeting, isn’t it?

SFV Room 208: Okay, let’s look at the case of McGuire.

SFV Room 208: All right.

SFV Room 208: The last two were weak.

SFV Room 208: Alright, guys.

SFV Room 208: Case of Maguire.

SFV Room 208: See how I’m briefing? Get used to it. Okay, you’re hungry? Okay? He’s rubbing his belly, I mean, he looks so hungry, I’m sorry. …

SFV Room 208: So… Look what happened.

SFV Room 208: Nurse filed a suit against her patient, alleging assault and battery.

SFV Room 208: And by the way, this is, you see, this is a 1937 case.

SFV Room 208: In the older cases, Alex, you will see people using the term assault and battery, like they’re synonymous.

SFV Room 208: Right?

SFV Room 208: It’s not.

SFV Room 208: One has nothing to do with the other.

SFV Room 208: They’re completely two different ports.

SFV Room 208: But in 1937, they were not that nuanced.

SFV Room 208: And we’re going to learn tonight what assault is. Assault is an intentional act that places a plaintiff in the imminent apprehension of a harmful offensive touching.

SFV Room 208: Right? If I point a weapon at you, what have I done?

SFV Room 208: of the salt tissue.

SFV Room 208: But I haven’t battered you.

SFV Room 208: Okay? How about this? If you turn your back towards me, and I throw a brick at you, and hit you, what have I done? Battered you, but have I assaulted you?

SFV Room 208: You were never placed, you never saw the brick coming.

SFV Room 208: But if you’re facing me and I throw a brick at you.

SFV Room 208: I may have been assaulted and battered you.

SFV Room 208: Because you saw the brick coming, you were placed a name in an apprehension of harmful offensive touching, you with me? And then the brick hit you.

SFV Room 208: then you had a heartful offensive touching. But if you had your back towards me, and I threw a brick at you, and I whacked you a little bit, that’s only battery.

SFV Room 208: You see these nuances?

SFV Room 208: This is why people hate us. Okay?

SFV Room 208: And as you go through law school, all your loved ones start hating you too, because you start like this.

SFV Room 208: Tomorrow goes home and somebody says something, and her response is, well, what do you mean by that? Okay, this is what we do. You don’t mean that, do you mean this? Okay, well, yeah. Because we are wordsmiths by vocation. Okay, words mean the word to us.

SFV Room 208: Right? That’s why people are going to start finding us irritating. You know what I mean! That’s the response you get. You know what I mean. I say, no, I don’t know.

SFV Room 208: Say it right.

SFV Room 208: And we sound pedantic.

SFV Room 208: Look it up. Okay. Okay? Pedantic. You guys should have

SFV Room 208: On your computer, on your phone, a dictionary, just have it open a file, and take

SFV Room 208: A moment every day to add one word to your vocabulary.

SFV Room 208: adjudication.

SFV Room 208: pedantic.

SFV Room 208: Okay? Keep writing it down, and then go back to it, and then try to incorporate it in your everyday

SFV Room 208: lexicon.

SFV Room 208: This is how you improve your vocabulary base.

SFV Room 208: It doesn’t happen by accident.

SFV Room 208: Okay.

SFV Room 208: Success in life is a function of hard work and perseverance.

SFV Room 208: You gotta invest in yourselves. All I’m begging you to do is, Naira, invest in yourself.

SFV Room 208: You’re not doing this for me, who the hell am I? Nobody.

SFV Room 208: Right? This is about you.

SFV Room 208: I’m asking you to be selfish, And invest in yourselves.

SFV Room 208: It’s like going to the gym.

SFV Room 208: Don’t do it, do it, don’t do it, it’s all up to you. Do it, Naira, your future self will thank you.

SFV Room 208: You’re doing this for your future self.

SFV Room 208: You’re not doing it for any other reason.

SFV Room 208: Okay? So yeah, start…

SFV Room 208: you know, a page, and start having… write down the vocabulary. Make a point of doing this.

SFV Room 208: And then before you know it, after 3 years, suddenly your vocabulary base has just mushroomed.

SFV Room 208: Do. Don’t. Your life, your future. I’m here to serve. That’s it.

SFV Room 208: Okay. So, in McGuire.

SFV Room 208: this is all… all this was as a result of, you know, when people say 1937, assault and battery, like… like, they’re synonymous, they’re not synonymous, they’re totally disjunctive.

SFV Room 208: Okay. Disjunctive.

SFV Room 208: Write that down, as he has left the classroom. Okay, …

SFV Room 208: She was at a nursing home, and when the patient struck the nurse’s head with the leg from a furniture that the patient had broken up.

SFV Room 208: So a mentally ill person picks up a leg of a broken chair, and whacks the nurse with it.

SFV Room 208: The nurse is suing the mentally ill.

SFV Room 208: nursing home residents. What’s the issue?

SFV Room 208: Somebody, what’s the issue? Yes. Did that patient have the intent to cause that harmful or offensive act?

SFV Room 208: See, with more practice, we get better. Okay, you are nearly dead. Okay. Don’t give up. Okay. Can a mentally ill person

SFV Room 208: form the requisite intent

SFV Room 208: For an intentional tort.

SFV Room 208: Okay, so the issue is, can a mentally ill person Form the requisite intent

SFV Room 208: to commit an intentional tort, because if I can… if I’m mentally ill, and I can’t form the requisite intent, then I’m not going to be able to commit an intentional tort.

SFV Room 208: That was the issue before the court, and the court says.

SFV Room 208: That mental illness does not negate intent.

SFV Room 208: Okay? Meaning, a mentally ill person can form the requisite intent to commit an intentional tort. Are you guys with me?

SFV Room 208: Okay, … The decision lays out the rule.

SFV Room 208: That a mentally ill person is liable for the damages caused by intentional torts, under the same circumstances.

SFV Room 208: As a non-mentally ill person.

SFV Room 208: The law will not inquire further in this peculiar mental condition.

SFV Room 208: With a view to excusing him, if it should appear that the delusion or other consequences of his affliction has caused him to entertain that intent, or that a normal person would not have entertained it.

SFV Room 208: You see? Can you imagine how crazy it would be, Ariel, if everybody Who does something wrong?

SFV Room 208: Let’s look into their mental status.

SFV Room 208: Had they taken their pose at them?

SFV Room 208: You see, I mean, it becomes impossible, right?

SFV Room 208: And where is… where is the line there? Okay, so we as a society.

SFV Room 208: have decided that mentally ill people can form the requisite intent to commit intentional torts. Mentally ill people can

SFV Room 208: commit crimes.

SFV Room 208: Unless they become criminally… they’re adjudicated.

SFV Room 208: Mentally insane, which is a very difficult thing to do.

SFV Room 208: Okay, they’ve got to be really God.

SFV Room 208: Yeah, I want to quickly just ask you, for here.

SFV Room 208: I looked at the facts, and I saw that because Almany… I thought it this way, because Almany, the patient, had given a warning, and was demonstrating that they knew that what they were going to do was going to be harmful or offensive to that nurse, they had the ability to understand. We’re not even going to look into it!

SFV Room 208: We’re not even going to look at the mental status of the defendant.

SFV Room 208: Oh, okay.

SFV Room 208: Otherwise, can you imagine? You just said that, right? Okay. Yeah. He punches me, he punches me, you punch me. Huh. How’s your mental status? How’s your mental status? How’s your mental status? It’s just nuts! We don’t even look at it!

SFV Room 208: We don’t care!

SFV Room 208: We do, you know, people’s intent does not… mental illness does not negate intent.

SFV Room 208: Mental illness does not negate intent. Mental illness does not negate intent.

SFV Room 208: Okay, that’s… this is a good case, it’s a valuable case, and you see case precedent, so Valle is in court, and the defendant says, well, Your Honor, you know, that day when I, hurt, Valle’s client, I have forgotten to take my Prozac.

SFV Room 208: What does Vlad do as a lawyer?

SFV Room 208: Okay.

SFV Room 208: Not… not… we wouldn’t be citing McGuire.

SFV Room 208: Okay, he wouldn’t be citing a 1937 case from Massachusetts, he would be citing a more modern case from the state of California, and see, this is case precedent. He would argue, Your Honor, pursuant to the case of McGuire, which held that mental illness does not negate intent.

SFV Room 208: So, his mental illness is not relevant to the issue of liability. Thank you.

SFV Room 208: Thanks, alright.

SFV Room 208: Go take your 10-minute break.

Sarah Downs: The production professor.

Sarah Downs: Next up, I’m up here, Sarah.

SFV Room 208: Sarah?

Sarah Downs: Yeah, so, okay, this has to do with assault, and battery, okay? So, for assault, would an example be maybe someone who was getting tall?

Sarah Downs: Can you hear me well?

SFV Room 208: He’s on Maryland, so he’s just one attorney, and then the rest are like… Case manager, and then….

Sarah Downs: Okay, is this better?

SFV Room 208: Yeah, yeah, yeah, go ahead, I can hear you. It’s pretty exciting.

Sarah Downs: First off, if there’.

SFV Room 208: So let’s say you fall?

Sarah Downs: ….

SFV Room 208: Phew.

Sarah Downs: Hitting someone who is also…

Sarah Downs: not as big, that could be considered a stall, right? I guess depending on that situation?

SFV Room 208: Okay, … Trying to understand the question. We’re gonna do a salt after the break.

SFV Room 208: Okay, maybe that would help answer your question.

Sarah Downs: I guess I was considering the hike.

SFV Room 208: Fear.

Sarah Downs: How big a person is in my life.

SFV Room 208: Because I ask people in the class to be quiet so I can hear you better.

Sarah Downs: Okay. Oh, sorry, pard.

SFV Room 208: Although your voice is really that low.

Sarah Downs: Okay, let me try it one more time.

Sarah Downs: Any better?

SFV Room 208: Okay, everybody’s quiet in the class, so maybe I can hear you, but….

Sarah Downs: Well, I can wait either way, but really quick, I guess I was trying to differentiate between maybe height differences between, both the, fighters.

Sarah Downs: For assault specifically, let’s say one is short and one is tall. The one that’s tall, if they’re….

SFV Room 208: Sorry, Sarah, I can only hear one out of every other word.

Sarah Downs: Okay, ….

SFV Room 208: I’m closer to the microphone?

Sarah Downs: I have earphones on, so I’m not… I probably haven’t taped off my earphones before.

Sarah Downs: No good, right?

SFV Room 208: Yes.

SFV Room 208: Okay, keep going, say something.

SFV Room 208: Getting better? Yeah, getting better, yeah.

Sarah Downs: Okay, okay, I’ll take it, I just adjusted it. Okay, that’s better?

SFV Room 208: Oh, yeah.

Sarah Downs: Okay, good. …

Sarah Downs: Okay, just to sum it up, I was asking about assault. So, if I have a tall person and a short person, and the tall person is trying to hit the short person, that for sure would be assault because of the height difference versus if it was the other way around.

SFV Room 208: No, because assault, as we’re gonna learn after the break, is an intentional act that places the plaintiff in the imminent apprehension of a harmful or offensive touching.

Sarah Downs: So they have to pose a threat.

SFV Room 208: See, the word is not threat. The word is apprehension.

SFV Room 208: You point a gun at me.

SFV Room 208: Okay?

SFV Room 208: You have placed me in the imminent apprehension of a harmful or offensive touching.

SFV Room 208: So…

SFV Room 208: You know, it is a question of, did you…

SFV Room 208: Put me in the imminent apprehension. That’s what we’re gonna be looking at. If you are… the case that we’re gonna do, somebody tried to reach this lady across the table.

SFV Room 208: And that lady said that the width of the table was such that he could not have reached me. Therefore, there was no assault. And the court said no.

SFV Room 208: What’s… what’s her…

SFV Room 208: Apprehension reasonable? Yes. So there was assault. So I’m not quite sure how the height of the person makes any difference.

Sarah Downs: I understand. I guess I was mixing it up with if it’s looking like an, …

Sarah Downs: Just, like, a threat, instead of…

Sarah Downs: I guess we’ll go through it so I’ll have a better understanding.

SFV Room 208: Environment threats.

SFV Room 208: If you’re making verbal threats, So, A kills B,

SFV Room 208: I am going to hit you.

SFV Room 208: That’s not assault.

Sarah Downs: Excellent.

SFV Room 208: We’re gonna learn in two weeks, that’s intentional infliction of emotional distress.

Sarah Downs: Sounds cool.

SFV Room 208: Assault requires an overt act.

SFV Room 208: Words alone can never constitute assault.

SFV Room 208: So if you tell me, you’re gonna kill me, Did you assault me?

Sarah Downs: You didn’t know.

SFV Room 208: It may be intentional infliction of emotional distress, which we’ll learn this in a couple of weeks, but it’s not a suit.

Sarah Downs: Okay.

SFV Room 208: Let me say it this way. If you… if I say to somebody.

SFV Room 208: I am gonna punch you. Is that assault? No. But if I raise my fist.

SFV Room 208: And then I say, I’m gonna hit you, that may be assault. Because you’re talking about words accompanied by an overt act.

SFV Room 208: Words alone can never constitute assault.

SFV Room 208: I don’t know if I’m answering your question or not.

Sarah Downs: No, you are. No, yes, you are existing.

Sarah Downs: Yes, yes, you are answering my question.

SFV Room 208: Ours.

SFV Room 208: Are we good?

Sarah Downs: Thank you.

Sarah Downs: Yeah, we’re good.

SFV Room 208: You good? Yeah, I’m good.

SFV Room 208: Thanks for sharing the PDF, the scan was, like…

SFV Room 208: What’s another briefs.

SFV Room 208: You haven’t? Oh, yes, I do.

SFV Room 208: Hello.

SFV Room 208: Smooth.

SFV Room 208: That’s great.

SFV Room 208: Is this your first course, or is it, like, you’re taking other courses as well?

SFV Room 208: I’m doing part-time, so this is my second…

SFV Room 208: And the first one is what class. What do you have?

SFV Room 208: Did you have one?

SFV Room 208: Italian.

SFV Room 208: 18.

SFV Room 208: Are you personally?

SFV Room 208: Yes, that’s actually my second semester as well. I took the Introduction to Legal Studies.

SFV Room 208: in the summer.

SFV Room 208: The lead for that course was horrible.

SFV Room 208: Yeah, I think I see minus.

SFV Room 208: I don’t want to say, like, for all courses they grade this right, or is it…? Yeah.

SFV Room 208: It’s on the scale. How do people then get A’s? Like, I’m just… Knowing it. No, people got A’s. They got… they’re fine? Are you serious?

SFV Room 208: Very few people need it.

SFV Room 208: Like, you have no idea how… Today, I thought.

SFV Room 208: Like…

SFV Room 208: The thing is, like, my essay, like, I thought I did a very good, like, job on the essays, and…

SFV Room 208: my scaled score to be, like, C- means that my essay must have been, like, horrible.

SFV Room 208: It’s not a horrible, but average.

SFV Room 208: I don’t know, but just imagine, like, the scale of it is still, like, means you barely passed. That means, like, you know, the original, the raw score must have been very bad.

SFV Room 208: Which wasn’t the case, I don’t think.

SFV Room 208: I emailed them back, and they told me, oh, there were, like, students in the class who got A’s, and then they got B’s, and I was like… They have a distribution they had to.

SFV Room 208: Why do they grade, like, this hard? Is there, like… I think it’s a… it’s a poor requirement.

SFV Room 208: to grade hard, to, like, be very… Well, hard, but, like, you need to have a scale. Like, majority of you get C, if you get A’s, you fail.

SFV Room 208: Is this a first course as well, or is it, like, your second? Well, it’s my first year. Oh, first year. This is, I would say, let’s see, I’ve had 1, 2, 3, 4. This would be my…

SFV Room 208: 5th… well, I got 3, 4, 5 more on the… 9 courses by the end of this year. Oh, yeah, that’s good.

SFV Room 208: Wow, that’s a lot of persons, nice. If I include the legal writing and the MBEs, yes. That’s actually very good, I think, for, like, the first year. Yeah, so I’m trying to get as much as I can. I know, it’s hard when you’re working.

SFV Room 208: That’s very hard, but this year, I decided not to work. Oh, so you’re not working? Okay, so then 9 is not a lot. I’ll take it back. Are you working full-time? You are, you said, so… No, I’d have to go back to corporate, and then I wouldn’t have any time. Oh, are you paralegal?

SFV Room 208: No, I, … I’m what they call a production manager. I manage other companies, you know, but I’ve loved all that to pursue the legal career.

SFV Room 208: Was that relevant to, like… Very cool. What’s that? Very cool.

SFV Room 208: Oh, my God, I put myself out of the hiring market, okay? No company wants to hire me with a legal degree. With a legal degree? Unless I’m representing them, then it’s good, but if I’m the, if I’m an employee there, oh my god, I’m the worst thing for them. Why is that?

SFV Room 208: Because I see all the wrong that they’re doing?

SFV Room 208: And I can go in either direction, so if they don’t got me on their team or part of HR, they don’t want nothing to do with me.

SFV Room 208: Interesting.

SFV Room 208: I don’t think it works that way. I don’t think if you’re practicing… if you have it… Well, if you’re practicing, it’s different.

SFV Room 208: Because then you can practice with other attorneys, and you can, be hired as a consultant.

SFV Room 208: So that works out to your advantage there.

SFV Room 208: Well, working within a company structure, you would either have to be on the top tier of the board.

SFV Room 208: to give legal advice, or then you… then it works to your advantage. But if you’re on the floor, it doesn’t.

SFV Room 208: Because you’re interacting with the employees, and the employees will be asking you questions all the time.

SFV Room 208: And they want to know how they can sue the boss, is this right? Is this right? And I’ve seen all the stuff that companies do to employees, and they would put themselves in a very bad situation. They’re not going to be working with it.

SFV Room 208: Yeah, do you have a logic and you’re not going to fall back to, like… Oh, no, no, no, not at all. No, that’s why I’m acquiring it. I’ll be more into intellectual property and, contracts.

SFV Room 208: It seems to be where my strongest suit is actually leading me.

SFV Room 208: After contractors make 3 moving. Copy and paste them, same template.

SFV Room 208: Well, it is. It’s writing them up. I mean, once you’ve got a general format, you’re writing, copy, and paste all along. But it depends on what you’re working with. With intellectual property, it’s a little bit different, because you’ve got to word it a little different. Sometimes you… it’s like a friend of mine, I actually helped him create this product.

SFV Room 208: And, the reason he got it patented wasn’t because of the product itself and what it did, it’s by the electrical cord he used.

SFV Room 208: So, I mean, it’s just you’re looking for the little nuances on how to be able to patent your product.

SFV Room 208: So I learned that when I was actually… when I looked up the pattern of what was referenced, and I’m going, what’s definitely created.

SFV Room 208: But yet they gave them a patent for it. Do we have a process at all? The closest I got to, and they gave it to me as an elective, was, … what was it?

SFV Room 208: Oh my god, what an entertainment law. That was a really good eye-opening experience. Yeah, he shows you a lot. He shows you how to ride long. Which I had no idea what that was at the beginning. Was that your summer course?

SFV Room 208: No, it was my first course that they gave me here for my summer course. They gave me, I guess it was legal research, so I learned how to use the Blue Book. So I didn’t even know what that was.

SFV Room 208: Oh, this is great. I need that for work. Oh, it’s Blue Book?

SFV Room 208: legal research, sometimes they ask me to do things, and I go, like… Courts, contracts, and… Yeah, now I can actually decipher, for example, what the cases are. Okay, very good.

SFV Room 208: Now, it’s becoming a passion for me, especially in the industry that I’m in.

SFV Room 208: Really good, actually. So it works out in that. I grew up in the entertainment industry. Can you tell them to fix the exiting garage parking? Oh, from last night? That Monday night? It took 30 minutes to get out. And this has never happened. I think it’s more fun.

SFV Room 208: This is my second semester, same thing, every time. Put it in, $21. Oh, man, you gotta press in a minute. Monday, it was worse than that.

SFV Room 208: it wouldn’t open at all. But when you press the button, then it’s up, yeah. Every single person has… Wait, wait, what did you say? Sorry, I didn’t hear you. We don’t own the building. Yeah, yeah. But you’re attorneys, you can write a good complaint. I love it. I’ve been using it for 10 years. That was a 20-minute break, I think.

SFV Room 208: Let’s go, guys, let’s go!

SFV Room 208: We’re having way too much fun. Isn’t that what you wanted us to do?

SFV Room 208: Exactly. Probably work hard, though, at the same time, that’s the problem.

SFV Room 208: Let’s go, let’s go, let’s go, let’s go, let’s go, let’s go. Now we’re gonna do a salt.

SFV Room 208: It’s like, okay?

SFV Room 208: Let’s go, let’s go, let’s go, let’s go, let’s go, let’s go.

SFV Room 208: Quick question I might get myself in trouble for. I should have guessed. Should I take the criminal version of it and throw it away for now, and just focus on…

SFV Room 208: Sports, or does it kind of combine itself?

SFV Room 208: What did I say last week?

SFV Room 208: You say get rid of everything that doesn’t apply.

SFV Room 208: No, it’s not what I said, okay.

SFV Room 208: You’re under oath.

SFV Room 208: What did I say, George?

SFV Room 208: I said there’s a firewall between criminal law and civil law. Oh, I didn’t remember that part, okay. Okay. Thou shalt not try to reconcile the language

SFV Room 208: Procedures.

SFV Room 208: Of criminal law with that of civil law.

SFV Room 208: Got it. It’s like trying to reconcile Chinese with German.

SFV Room 208: They’re not intended to be reconcilable.

SFV Room 208: Okay, their language is entirely different.

SFV Room 208: Definition of criminal battery is completely different Then, definition of tortious battery.

SFV Room 208: And for you to go there, I don’t know why, what purpose that serves, okay? You were doing that with me earlier, right?

SFV Room 208: Okay, I made him do push-ups. Oh, okay, how many do I owe you now?

SFV Room 208: I was able to do one. See, I wished I had that power, but I don’t.

SFV Room 208: When I was going through the academy, whenever we screwed up, you know, it was a four-letter word with, give me 20.

SFV Room 208: Alright? And it was really… it worked.

SFV Room 208: But we’re not allowed to do it here, you know. But don’t ever try to reconcile criminal law with civil law. It’s not designed to be reconcilable, and nothing is gained by trying to reconcile it.

SFV Room 208: And if you ever use criminal language in a civil court, people are going to look at you strange.

SFV Room 208: Okay? I mean, if you use guilt, innocence, that’s criminal, right? Right. That’s liability is used in civil court. Okay? So, I mean, it’s just… they’re totally different…

SFV Room 208: Set of laws, and they’re not designed, so don’t even go there.

SFV Room 208: Well, I’m glad I made this mistake early on.

SFV Room 208: What mistake?

SFV Room 208: Oh, trying to reconcile it? Okay, well, that’s why we’re in law school. Now, let’s start typing. Now we’re gonna do assault. We did battery, now we’re doing assault.

SFV Room 208: We’re doing assault.

SFV Room 208: Peace.

SFV Room 208: What am I missing? Let me do roll.

SFV Room 208: I’m missing people.

SFV Room 208: Okay… I have Jason.

SFV Room 208: I have Sarah…

SFV Room 208: I lost… Built her. Yeah, Nina. Yeah.

SFV Room 208: Rude. I lost you.

SFV Room 208: So now you’re absent. Nina, are you there?

SFV Room 208: Okay.

SFV Room 208: Excuse me.

SFV Room 208: Last shot, Nina!

SFV Room 208: Okay, you’re absent now.

SFV Room 208: Naira is here, Aram is here, Brianna is absent.

SFV Room 208: Liana, give work.

SFV Room 208: Michael is here, Michael is here, Dara’s here, Laura, Robert, Robert, Robert, Robert, Robert. There’s Robert.

SFV Room 208: Moscie is here… Marcy, Marcy, Marcy.

SFV Room 208: Yeah, there she is.

Marcy Perez: Alex is here, Nikon is here.

SFV Room 208: Jude is here. Natalie is here.

SFV Room 208: Ariel is here. So… We lost Ms. Grace.

SFV Room 208: 4, and… Alright, so assault. Assault is an intentional act by the defendant.

SFV Room 208: Assault is an intentional act by the defendant.

SFV Room 208: Dead places… plaintiff?

SFV Room 208: In the imminent… apprehension?

SFV Room 208: of a harmful or offensive.

SFV Room 208: Touching.

SFV Room 208: assault, It’s an intentional act, That places the plaintiff in the imminent apprehension of a harmful or offensive touching.

SFV Room 208: Okay?

SFV Room 208: So…

SFV Room 208: Tamara points a gun at me.

SFV Room 208: What did she do? She placed me in the imminent apprehension of a harmful or offensive touching.

SFV Room 208: She assaulted.

SFV Room 208: So, she points a gun at me.

SFV Room 208: She says, I’m gonna shoot you, or whatever, and then she shoots me. Then she assaults, she battered me.

SFV Room 208: Okay.

SFV Room 208: The example that I was using with Alex was, I have my back towards tomorrow.

SFV Room 208: And Tomorrow points a gun at me. Did she assault me? No, because I was not placed in the imminent apprehension of a harmful or offensive touching.

SFV Room 208: Well, then what does tomorrow say next?

SFV Room 208: But my gun was unloaded.

SFV Room 208: Now… Yeah, did you know it was unloaded?

SFV Room 208: before.

SFV Room 208: I don’t… I wanna hire somebody pointing a gun at me.

SFV Room 208: So I would say that you still would have had assault, unless you knew that… So, you’re right. So the next sentence we’re going to write down is that…

SFV Room 208: Defendant’s apparent ability to assault is sufficient.

SFV Room 208: Defendant’s apparent ability to assault is sufficient.

SFV Room 208: Defendant’s apparent ability to assault, is sufficient.

SFV Room 208: You’re with me?

SFV Room 208: The fact that her weapon was unloaded I still…

SFV Room 208: got scared, or was placed in the imminent apprehension for harmful offensive touching, right? So, her…

SFV Room 208: It’s her apparent ability.

SFV Room 208: Not her actual ability.

SFV Room 208: Does that make sense? For assault, assault ability is irrelevant.

SFV Room 208: It’s a parent ability.

SFV Room 208: Alright? Moving on.

SFV Room 208: Words alone, words alone, are insufficient To constitute assault.

SFV Room 208: Words alone are insufficient to constitute assault.

SFV Room 208: So, Tamara, you tell me, I’m gonna kill you.

SFV Room 208: Did you assault me?

SFV Room 208: Read what you just wrote down.

SFV Room 208: Words alone are insufficient to constitute a salt, so no. You see, this is what I’m trying to teach. Don’t look here, what do I think, what do I think?

SFV Room 208: Find the right law.

SFV Room 208: Ask yourself, what’s the personal law? And the law is, wars alone are never sufficient to constitute assault. No matter what says, you know, I’m gonna put you in a meat grinder, you know, I’m gonna do this to you, I’m gonna do this to you.

SFV Room 208: Not assault.

SFV Room 208: Later on in the semester, we’re going to learn intentional infliction of emotional distress.

SFV Room 208: That becomes the cause of action that can address this wrong. You see.

SFV Room 208: Wherever you see a wrong, you gotta think to yourself, what’s my theory of recovery? Which we call what, Tamara?

SFV Room 208: What is the theory of recovery? Don’t look at your notes, you know the answer.

SFV Room 208: In law, what do we call theory of recovery?

SFV Room 208: Causes of action.

SFV Room 208: Okay? It’s okay. Just, just, just allow that…

SFV Room 208: Always remember that. As a lawyer, you’re thinking, what is my cause of action? When we say cause of action, it sounds so fancy, like, it’s like, you know, mysticism, cause of action, okay, pause of action, all it is is theory of recovery.

SFV Room 208: You punched me in the face. What’s my theory of recovery against you?

SFV Room 208: Thank you! You pointed a gun at me! What’s my theory of recovery?

SFV Room 208: Instead of fear of recovery, we lawyers, we call it cause of action.

SFV Room 208: Okay?

SFV Room 208: So… But you did something wrong to me.

SFV Room 208: Nobody wants to hear that I’m gonna kill you.

SFV Room 208: How about… how about this? I’m gonna come over to your house, I’m gonna burn your house down and kill your dog.

SFV Room 208: Okay, well, that’s hurtful, isn’t it?

SFV Room 208: But assault is the wrong cause of action. You see that?

SFV Room 208: Later, we’re going to learn intentional infliction of emotional distress. So you see what we do as lawyers? We ask ourselves, what is the wrong?

SFV Room 208: What is my pathway To make my client whole again.

SFV Room 208: That’s my cause of action.

SFV Room 208: So what is a salt? A salt is… An intentional act.

SFV Room 208: That places the plaintiff in the imminent apprehension of a harmful or offensive touching.

SFV Room 208: Okay? So, let’s keep writing.

SFV Room 208: words alone are insufficient to constitute assault. However, Words… If accompanied… Nina, you’re back!

SFV Room 208: Okay, I had marked you absent.

Nina Grayson, Realtor: No, I’m here, I fell asleep, I apologize.

SFV Room 208: Alright.

SFV Room 208: So, I… guys, don’t think I’m being difficult. Forgive me. It’s not that.

SFV Room 208: All right? I don’t want to give Nina a hard time. She’s tired, she’s been working all day. Nina, I get all that. Is the State Bar of California ruled, Nina? I’m sorry. It’s not me, okay?

Nina Grayson, Realtor: I have to apologize, I understand I was tired at the break.

SFV Room 208: And I’m trying to tell you that I understand, and I don’t want you to think that, oh, this guy is just being difficult. No. It’s a California state bar rule, we’ve got to enforce it, okay? And I’m gonna mark you present.

SFV Room 208: All right, so it’s just we gotta be on camera for the whole class. That’s just all there is to it. And if I don’t enforce it.

SFV Room 208: You know, then… I’m not doing my job.

SFV Room 208: Alright? And we get… we go through… constant…

SFV Room 208: Reaccreditation by all these accrediting agencies, non-stop.

SFV Room 208: We go through cycles. California State Bar, then WASC. WASC is the Western Association of Schools and Colleges that accredits us. That’s what allows us to give you federal student loans. So we’ve got all these accrediting agencies looking over our shoulders.

SFV Room 208: And their job is… bureaucrats, right? To find flaws in us.

SFV Room 208: Okay, this is just the environment that we function in. Okay.

SFV Room 208: Sorry. …

SFV Room 208: However, words, if accompanied by an overt act, may constitute assault.

SFV Room 208: You guys with me? However, words, if accompanied by an overt act, may constitute assault. Nikon says to me, I’m gonna hit you. Assault?

SFV Room 208: No. But then he raises his fist.

SFV Room 208: And he says, I’m gonna hit you. Now we have assault.

SFV Room 208: Or is accompanied by an overt act?

SFV Room 208: Yes, … the meat grinder situation. If we were standing next to a meat grinder, would that… constitute assault.

SFV Room 208: If there’s a possibility that you can’t commit the assault, or would it be if I go towards you and grab you? See, the lawyer is…

SFV Room 208: Did you place me in imminent apprehension of a harmful offensive touching?

SFV Room 208: Who gets to decide that?

SFV Room 208: Put 12 people in a jury, give them bad Chinese food, ask them to answer your question.

SFV Room 208: My opinion is completely irrelevant, unless I happen to be a juror in that case. So let’s say you’re a juror in that case. Oh, you’re asking my personal opinion, as if this is the first time I’ve ever been asked for my personal opinion. Yes. Okay.

SFV Room 208: No, because… just because there’s a meat grinder there, okay, unless, you know.

SFV Room 208: That’s just too far-fetched, but don’t… that’s not practice of law. Don’t try to come up with esoteric fact patterns and struggle with that. We’re not being trained to be jurors.

SFV Room 208: You’re being trained to be a lawyer.

SFV Room 208: Okay.

SFV Room 208: Come up with legal struggles.

SFV Room 208: Okay?

SFV Room 208: come up with legal struggles. Like, for example.

SFV Room 208: Naira is over there. If she raises her fist at me, and she says she’s gonna hit… she’s gonna hit me, did she assault me? No, there’s no possibility of her… from over there. Because there is no apparent ability.

SFV Room 208: But if Nikon over here raises his fist and says he’s gonna hit me.

SFV Room 208: There may be a parent ability, Okay.

SFV Room 208: So, let’s keep going.

SFV Room 208: The apprehension of harmful or offensive contact

SFV Room 208: must be immediate. The apprehension of harmful or offensive contact must be immediate. The apprehension of harmful or offensive contact may be immediate.

SFV Room 208: Nikon says, I’m gonna hit you tomorrow.

SFV Room 208: Okay.

SFV Room 208: Not assault.

SFV Room 208: Okay. It must be immediate.

SFV Room 208: So…

SFV Room 208: Make sure you have the following. Assault, an intentional act that places a plaintiff in the imminent apprehension of a harmful offensive touching. Defendant’s apparent ability to assault is sufficient. We do not need actual ability.

SFV Room 208: You guys are done? Yes. Lucky you. Okay. … We do a full boat in this class.

SFV Room 208: Okay, I don’t cut my class short.

SFV Room 208: Okay. … So… … Next, we wrote words alone are insufficient to constitute assault.

SFV Room 208: Then we wrote, apprehension of a harmful offensive contact must be immediate. Do we have that? Okay, so this is what you should be doing tonight. As you’re driving, you’re focusing to the front, obviously, but in the back of your mind, you’re saying.

SFV Room 208: Battery is an intentional act that causes harmful offensive touching. Assault is an intentional act that places a plaintiff in the imminent apprehension of harmful offensive touching. Repeat, Sunday school.

SFV Room 208: The Lord is my shepherd, sure I shall not want. You see, I mean, how they did it over and over and over again until you memorized it? Right?

SFV Room 208: This is the same thing. You just keep repeating it until you become fluid with it. Why?

SFV Room 208: Because you become faster!

SFV Room 208: California, bar exempt. You need speed!

SFV Room 208: If you don’t have speed, you’re not gonna finish the exam.

SFV Room 208: And speed comes from memorization.

SFV Room 208: Alright? So…

SFV Room 208: Let’s do one more.

SFV Room 208: Now we’re gonna do what is called false imprisonment.

SFV Room 208: Okay? You see, we’re learning our causes of actions. You know, you have now a toolbox.

SFV Room 208: Okay, think of yourself like a plumber.

SFV Room 208: You have a toolbox.

SFV Room 208: And you have a problem, and you’re asking which tool is going to fix this problem.

SFV Room 208: Battery, now we have in our toolbox. Assault, we have in our toolbox. Okay? But…

SFV Room 208: I logged via in a room.

SFV Room 208: I left here, and I locked it.

SFV Room 208: Okay.

SFV Room 208: What’s his theory of recovery, remember? What is his?

SFV Room 208: Cause of action. There you go. You see how it comes down? Because natural, once you repeat it? Was his cause of action? Battery doesn’t fit. Assault doesn’t fit. He needs a brand new cause of action to address this wrong. It’s called false imprisonment.

SFV Room 208: You see? So, what is false imprisonment? Now we’re typing.

SFV Room 208: False imprisonment is an intentional act

SFV Room 208: or omission to act. False imprisonment is an intentional act, or omission to act.

SFV Room 208: Where there is a duty to act.

SFV Room 208: False imprisonment is an intentional act.

SFV Room 208: Or omission to act, where there is a duty to act.

SFV Room 208: that confines… or restrains… the plaintiff?

SFV Room 208: to a bounded area.

SFV Room 208: An intentional act or omission to act where there is a duty to act that confines or restrains the plaintiff to a bounded area.

SFV Room 208: We there?

SFV Room 208: Repeat anything? Guys, whenever I’m going too fast or whatever, just say repeat. Okay. It’s a bounded area or a boundary? False imprisonment is an intentional act, or a mission to act, where there is a duty to act.

SFV Room 208: That confines or restrains the plaintiff to a bounded area.

SFV Room 208: If I lock this door, are you confined to a bounded area? Yes.

SFV Room 208: So you see now.

SFV Room 208: Now, you’ve got a cause of action that addresses the wrong that I did.

SFV Room 208: if I left this classroom and I locked it.

SFV Room 208: All right? Now, next we’re going to deal with methods of confinement or restraint. Methods of confinement or restraint. Methods of confinement or restraint. 1. Physical barriers. 1.

SFV Room 208: Physical barriers.

SFV Room 208: Locking the door. Is that a physical barrier? You bet. That’s a physical barrier.

SFV Room 208: I over there is writing, or a piece.

SFV Room 208: Okay. And my computer died, so… That’s all right, I’m just… he’s writing, and he’s writing, and he’s writing, you know. Polsoy over here is having a, you know, two.

SFV Room 208: Physical force.

SFV Room 208: You grabbed my wrist!

SFV Room 208: Did you force to imprison me?

SFV Room 208: Think about that. That’s false imprisonment, because now I can’t leave. He grabbed my wrist, you grabbed my coat.

SFV Room 208: Right? And now I can’t leave.

SFV Room 208: You lock me in a room, physical barrier, physical force, you grab me, I can’t move.

SFV Room 208: false imprisonment.

SFV Room 208: First number 3, threat of force.

SFV Room 208: Threat of force.

SFV Room 208: It can be directed at Plaintiff or someone else.

SFV Room 208: Threat of force. It can be directed at a plaintiff or someone else.

SFV Room 208: He’s asking me, what on cost green earth do you mean by that?

SFV Room 208: A cop points a weapon at you, says, don’t move, what are you gonna do?

SFV Room 208: Not move, false imprisonment.

SFV Room 208: Somebody points a gun at your loved one.

SFV Room 208: Oh, Nina.

Nina Grayson, Realtor: Thank you. Question on the rule on… it’s either an intentional act or omission to act. Can you give an example of omission to act?

SFV Room 208: It’s coming right up.

Nina Grayson, Realtor: Okay, thanks.

SFV Room 208: Coming right up. Good question, okay? She’s picking up, saying, what on God’s green earth does omission to act mean, okay?

SFV Room 208: And, just so, Nina.

SFV Room 208: You got a quick answer. Do you remember the case where the lady was trying to get off the boat?

SFV Room 208: Have we done that?

Nina Grayson, Realtor: No, no, no, no.

SFV Room 208: This week’s reading.

Nina Grayson, Realtor: Oh, it’s next week, 3.

SFV Room 208: She was an immigrant.

SFV Room 208: during Ellis Island days.

SFV Room 208: On this island, don’t look any weird. Okay.

SFV Room 208: Who cares?

Nina Grayson, Realtor: My grandparents came in on Ellis Island, I know it.

SFV Room 208: So, she was… she had arrived to the United States on a boat as an immigrant, and …

SFV Room 208: with a promise…

SFV Room 208: that they would let her come on shore when she got to the United States, and they wouldn’t.

SFV Room 208: that promise… Was it?

SFV Room 208: A duty to act.

SFV Room 208: Okay? And they failed to act.

SFV Room 208: That was the omission to act, where there is a duty to act.

SFV Room 208: Okay.

Nina Grayson, Realtor: Well, like, if it’s a fireman or something, and they’re rescuing someone, they have a duty to act to rescue them if they fail to do the rescue because they’re fearing for their own life or something, or they fail to act.

SFV Room 208: How are they just imprisoned?

Nina Grayson, Realtor: That would be… okay.

SFV Room 208: Yeah, that has nothing to do with false imprisonment. False imprisonment is when I tell you I’m gonna drive you to the airport, and when we get to the airport, I will let you get out of my Uber, and when I get to the airport, I won’t let you out.

Nina Grayson, Realtor: Okay.

SFV Room 208: Okay, yes.

Nina Grayson, Realtor: There we go.

SFV Room 208: Oh. Alright, so, …

SFV Room 208: So now we have physical barriers, we got physical force, threat of force. Somebody points a gun at a loved one.

SFV Room 208: You move, I’m gonna shoot him, I’m gonna shoot her.

SFV Room 208: If you’re married, it may be a quick divorce. Okay. Go ahead, make my day! Please! I just insane. Okay. Usually, though, but if I think of a child, if somebody is threatening your child, you’re not gonna move.

SFV Room 208: Right? I hope.

SFV Room 208: Alright. 4?

SFV Room 208: Failure to provide means of escape, Nina.

SFV Room 208: Number 4. Failure to provide means of escape where there is an affirmative duty to do so.

SFV Room 208: Failure to provide means of escape when there is an affirmative duty to do so.

SFV Room 208: Okay.

SFV Room 208: Lastly, these are the four types of false imprisonment.

SFV Room 208: I lock you in and… closet, I grab you.

SFV Room 208: I tell you if you move, I’m gonna harm you.

SFV Room 208: And… failure to provide means of escape when there is a duty to do so.

SFV Room 208: Okay.

SFV Room 208: Now, how about this question?

SFV Room 208: Lara.

SFV Room 208: How about this one?

SFV Room 208: You are sleeping in your room.

SFV Room 208: Somebody locks you in.

SFV Room 208: False imprisonment? I think it is false imprisonment, intentional…

SFV Room 208: Yeah, there is. The issue is, does awareness on confinement

SFV Room 208: It’s not a prima facial. Required for false imprisonment, you see? She was asleep. Her sister came up to her room and locked her in.

SFV Room 208: Did she know?

SFV Room 208: That she could not get out.

SFV Room 208: The minute she goes up to the door, and she wiggles the handle, and it’s locked, False imprisonment.

SFV Room 208: So, what we’re gonna write down is, Awareness of confinement.

SFV Room 208: is required, for false imprisonment.

SFV Room 208: Awareness of confinement is required for false imprisonment.

SFV Room 208: Think about it this way.

SFV Room 208: Naira back there. Somebody locks, because everybody’s leaving early, right? They lock us into the campus, right? Does Naira know we’re locked in? No false imprisonment. Until she goes up front and she can’t get out.

SFV Room 208: Fols in prison.

SFV Room 208: So, awareness of confinement is a requirement for false imprisonment.

SFV Room 208: Okay.

SFV Room 208: You can yawn as much as you want, it’s not a problem, I understand.

SFV Room 208: Okay. Guys, this is not lost on me, how difficult it is to be here at 9.30 at night listening to me.

SFV Room 208: It’s torture. I try to make it as entertaining as I possibly can, but there’s only so much I can do, and my humor sucks, so, you know, but I try, okay? So, you know.

SFV Room 208: But it’s difficult, I get that, you know? And we’re all tired.

SFV Room 208: But one thing that law school teaches you, and practice of law prepares you for practice of law, is this mental toughness.

SFV Room 208: Okay? This mental toughness.

SFV Room 208: When I talk about push-ups, Don’t count your push-ups until it starts hurting.

SFV Room 208: That’s when you start counting.

SFV Room 208: Okay.

SFV Room 208: It’s all up here.

SFV Room 208: It’s all up here, and we talk about…

SFV Room 208: How to develop that mental toughness.

SFV Room 208: Okay.

SFV Room 208: Calm seas.

SFV Room 208: Never.

SFV Room 208: develop.

SFV Room 208: good semen.

SFV Room 208: You know? It’s only stormy seas that puffens us off.

SFV Room 208: Okay? And it makes us strong. And we need to be that for what your future is holding tomorrow.

SFV Room 208: You’re gonna be putting in.

SFV Room 208: Oh my god, I mean, these guys were in my Bridging the Gap class, okay? New associates working for large law firms?

SFV Room 208: 12-hour days, 6 days a week.

SFV Room 208: Kiss your life goodbye.

SFV Room 208: You gotta be able to sustain that.

SFV Room 208: long term.

SFV Room 208: And I tell you, Nothing is as fatiguing as a trial.

SFV Room 208: Okay.

SFV Room 208: It really is fatiguing.

SFV Room 208: Towards the end of it, I’m thinking to myself.

SFV Room 208: How am I gonna find the strength? How am I gonna find the strength? And I… it’s just that self-talk.

SFV Room 208: That, hey, I can do this. I can punch through this. There is a light at the end of the tunnel. We all struggle with it. Do you think I don’t struggle with it? We all do. But we need to learn the skills to overcome that fatigue.

SFV Room 208: And that’s what… Is the difference between a hard lawyer

SFV Room 208: than one that falls apart. All right, … Thank you for listening.

SFV Room 208: I’m going to be here. Guys, how many of you want to come on campus? 1, 2, 3…

SFV Room 208: I’m gonna show up once in a while. Oh yeah, you are two and a half hours away. Okay. I am willing to come to campus every Wednesday, if you wish to come to campus. This is an online class, and, you know, we can do it, but I’ll keep coming here.

SFV Room 208: Okay, hopefully you guys show up, alright? Tonight, you know, we have a lot of people on camp.

SFV Room 208: on campus, but try to come, I’ll come, alright? And if we get to a point where there’s only one or two students here, then…

SFV Room 208: You know, we throw in the towel. Okay. Just call me, I’ll come. Look, you’ve got two and a half hour drive, okay? But I enjoy every minute of it. It’s…

SFV Room 208: Well, we’re here until further notice. How’s that? Okay? Thank you again for listening. You have a lot of good.

Robert Nazarian: That’s safe.

Marcy Perez: I have a question, Professor.

Marcy Perez: I have a question.

Marcy Perez: I just wanted to know, like, confirm with you what the prima facial elements were for assault and false imprisonment.

SFV Room 208: Okay, for a salt… is… Marcik is intent…

SFV Room 208: Acts, possession, immediate apprehension, harmful offensive types.

SFV Room 208: Acts, intent, acts, causations, harmful, offensive, imminent apprehensions of harmful offensive touching.

SFV Room 208: One more time. Intent, act, causation, imminent apprehension, harmful offensive touching.

Marcy Perez: Okay.

natalie setaghian: Professor, I have a question, too.

SFV Room 208: Sure, I’m here. I never leave until the last student leaves.

natalie setaghian: Or….

SFV Room 208: Take care. Nice to meet you, guys.

natalie setaghian: For the example that you gave, about Naira trying to leave the class when the door is locked.

natalie setaghian: for false imprisonment. The person that locked the door would have to know she was

natalie setaghian: In there when they locked it, right?

SFV Room 208: Do that one more time, I’m sorry.

natalie setaghian: For false imprisonment, the example you gave, that when Naira’s in class, if she hasn’t tried to leave yet, she doesn’t have awareness of it.

SFV Room 208: Hi.

natalie setaghian: to leave, then it would be false imprisonment. But the person that locked the door.

SFV Room 208: Is the liable person.

natalie setaghian: But they would have to know that she was in the class, right? When they locked the door. Like, it has to be intentionally wanting to lock her in, or by accident, too.

SFV Room 208: Okay, yeah, it has to be intentional. It’s an intentional act, so the person that locked her in must have acted intentionally. Okay. With either specific intent or general intent.

natalie setaghian: Okay, thank you.

SFV Room 208: Otherwise, not an intentional tort.

SFV Room 208: Fuck.

Marcy Perez: Professor, can you give me the prima facial elements also for Boston imprisonment?

SFV Room 208: Okay. False imprisonment.

SFV Room 208: It is an intentional… first of all, to make it easy for you, every intentional tort has 3 common prima facie elements.

SFV Room 208: Intent, act, causation.

SFV Room 208: Okay? Intent at causation. They are…

SFV Room 208: Comment to each and every prima facie cause of action.

SFV Room 208: Alright? So, for false imprisonment, you’ve got the following.

SFV Room 208: It’s an intentional? It’s as an intent.

SFV Room 208: Act?

SFV Room 208: confines… bounded area.

Marcy Perez: Thank you so much.

SFV Room 208: Sure.

SFV Room 208: How are you, Mr. Saleh?

Nina Grayson, Realtor: So, I have a question on….

Jude Seleck: Thank you, sir.

Nina Grayson, Realtor: For the… Can I ask my question?

SFV Room 208: Of course!

Nina Grayson, Realtor: Oh, okay. For the methods of confinement.

Nina Grayson, Realtor: Are those specific… like, those would have to be specific within the facts that those were the ways the person were confined, that there was a physical barrier, that there was physical force, or that there was a threat of force, …

Nina Grayson, Realtor: That there was, a failure to provide a means for escape.

Nina Grayson, Realtor: And that the person had awareness. So, those are… all of those are the, you said, were the methods of confinement.

SFV Room 208: Yeah, but they don’t all have to exist simultaneously.

Nina Grayson, Realtor: No, no, no, no, any one of them would meet the requirement.

SFV Room 208: to show that the plaintiff’s.

Nina Grayson, Realtor: was confined.

SFV Room 208: Right, so if you grab my coat, You falsely imprisoned me.

Nina Grayson, Realtor: Gotcha.

SFV Room 208: Okay, when you pointed a gun at me, and you told me not to move, you falsely imprisoned me.

Nina Grayson, Realtor: Oh, so wait, wait, wait, I’m sorry to jump in. It’s when you grab… when you grab my coat, so if somebody grabs your coat, they’re…

Nina Grayson, Realtor: you? That’s considered true.

SFV Room 208: What’s the difference between grabbing my coat or grabbing my wrist?

Nina Grayson, Realtor: Okay, so grabbing your whisk would be about, well.

SFV Room 208: Physical.

Nina Grayson, Realtor: battery.

SFV Room 208: It’s both. It’s battery and false imprisonment.

Nina Grayson, Realtor: Oh, okay.

SFV Room 208: You see, look, I’m trying to leave. You’re a security guard at a mall.

Nina Grayson, Realtor: They’re restraining them, they’re being restrained.

SFV Room 208: I can’t move, can I?

Nina Grayson, Realtor: Yeah.

SFV Room 208: Have you battered me? You bet. You’ve done both.

Nina Grayson, Realtor: Okay.

Nina Grayson, Realtor: So, when we’re looking at the facts, we’re looking for these 5…

Nina Grayson, Realtor: Pieces. Well, actually, four, plus the awareness has to be there for any one of these.

SFV Room 208: Look, you are… those are just laws for you to be able to properly analyze False in prison.

SFV Room 208: Okay, so don’t think that any fact pattern is going to have all of them.

Nina Grayson, Realtor: I’m not thinking that. I’m just saying, for any one of these factors.

SFV Room 208: As long as any one of them exists, you have false imprisonment.

Nina Grayson, Realtor: However, The fifth piece, which is awareness, is required in any of these circumstances.

SFV Room 208: Right, right.

Nina Grayson, Realtor: Okay.

SFV Room 208: If I do.

Nina Grayson, Realtor: It’s.

SFV Room 208: know that I’m confined, I’m not falsely imprisoned. In prison.

Nina Grayson, Realtor: Got it. Okay, thank you for clarifying that.

SFV Room 208: All right. You have a good evening. Jason?

Nina Grayson, Realtor: Thank you so much.

Jason Azizi: All good. Thank you very much, Professor John.

SFV Room 208: Good night.

Jason Azizi: I’m not….