Under what two conditions is a governmental taking of property unconstitutional? Must both of these conditions be satisfied in order for a taking to offend the constitution, or is only one necessary?
The Daily Tattler , a sleazy supermarketcheckoutcounter tabloid, says that a U.S. Senator has fathered fourteen illegitimate children and has had ten of them killed after birth. The statement is false and defamatory. If the Senator sues the Tattler for libel, which fault or culpability standard applies? Why?
After a student named Bob insults him in class, Marvin, a business law professor, pulls out his .38 revolver and fires a shot at the student. The shot misses the first student, but strikes another student named Anne, who never saw the shot coming and never knew what hit her. Bob and Anne sue Marvin for assault and battery. Who can recover for what? Why?