Week 1 Discussion

docx

School

University of Maryland Global Campus (UMGC) *

*We aren’t endorsed by this school

Course

312

Subject

Law

Date

Nov 24, 2024

Type

docx

Pages

Uploaded by DeanBook18682

As a new paralegal at the law firm of LWK and A, you have been asked by Partner Lucy Lincoln to demonstrate your understanding of how to research tort law in the United States. Partner Lincoln has discussed with you how tort law is derivative of societal and legal norms within the United States. She has also noted how this type of law has been influenced by other countries' legal systems, such as the use of common law from England incorporated more than two centuries ago. After highlighting a few elements of other countries' systems that were incorporated into tort law in the U.S., she has asked you to explain/examine how tort law is created in the United States at the state level. In doing so, she has stated that you should be sure to discuss the role of both the legislative and judicial branches in creating tort law. Finally, she has asked you to research and provide a specific example of actual tort law (either statutory or common law) from the state of Maryland. Such example should include proper legal citation per the Bluebook. At its core, tort law is “the common law of civil wrongs not arising out of contract” (Witt & Tani, 2020). Tort law is different from criminal law in that one of the purposes of criminal law is that it seeks to punish wrongdoers, while the main purpose of tort law is to compensate those who have been damaged by wrongdoings (Witt & Tani, 2020). Tort law can also be distinguished from contract law in that the legal obligations of parties under tort law do not require any previous agreements between the parties, unlike contract law (Witt & Tani, 2020). Importantly, tort law seems to be influenced greatly by certain American societal norms. A key principle governing tort law is the philosophy of corrective justice, that wrongdoers have an obligation to repair wrongful losses suffered by their victims (Witt & Tani, 2020). Similarly, unlike the justice systems of some other societies, the American legal system seeks to place certain parties at fault of the suffering of victims as well as mend the damages sustained victims, rather than view the injuries of victims as inevitable or “acts of god” (Saylor Academy, 2012). Relying on these values, tort law is created at the state level, generally as a matter of common law, which can be referred to as “judge-made law” (Witt & Tani, 2020). The constitutions of individual states also give a certain amount of power to state legislatures to make alterations to the tort law in individual states (Witt & Tani, 2020). A specific tort in Maryland is malicious prosecution. Under Maryland law, an action for malicious prosecution requires a plaintiff to prove: 1) that a criminal proceeding was instituted or continued by the defendant against the plaintiff; 2) that the proceeding terminated in favor of the plaintiff; 3) the absence of probable cause for the proceeding; and 4) malice, meaning that a primary purpose in instituting the proceeding was other than that of bringing the plaintiff to justice. DiPino v. Davis , 729 A.2d 354, 373 (Md. 1999) (citations omitted). The following is a hypothetical example that illustrates a case of malicious prosecution: George and Taylor are neighbors, but have a bitter relationship. George is annoyed by the loud noises coming from Taylor’s property, and wants to enact revenge on Taylor. George stages a burglary at George’s residence by destroying a window and ransacking a bedroom on the property. George tells the police that Taylor is responsible for the burglary and falsely states to the police that

George has previously witnessed Taylor attempting to enter George’s property. Taylor is arrested and charged with one count of first degree burglary, but the charge is ultimately nol prossed. In such a hypothetical scenario, George may be liable for malicious prosecution, should Taylor bring a suit against George. References Saylor Academy. (2012). The Legal and Ethical Environment of Business. https://leocontent.umgc.edu/content/dam/equella-content/lgst312/Chapter7_Torts.pdf Witt, J. & Tani, K. (2020). Torts: Cases, Principles, and Institutions. CALI eLangdell Press . https://www.cali.org/sites/default/files/FINAL-Witt_Tani-TCPI-2020-5thEd.pdf

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

Week 1 Discussion

Related Documents