Presentation on theme: "Civil law and Procedures"— Presentation transcript:
1 Civil law and Procedures Business Law Ch 5Civil law and Procedures
2 How do Crimes and Torts Differ Tort – Private or Civil wrongIt is an offense against an individualPerson is injured and can sue and obtain a judgment for damagesDamages – Monetary award intended to compensate the injured party for the harm done
3 Elements of a Tort Four elements of most torts: Duty Breach Injury Causation
4 Elements of a Tort Four elements of most torts: Duty - legal obligation to do or not to do somethingThree duties created by tort lawDuty not to injure another (includes bodily, reputation, or invasion of privacy)Duty not to interfere with the property rights of others (trespassing)Duty not to interfere with the economic rights of other (contracts)
5 Elements of a Tort Four elements of most torts: Breach - violation of the dutyIntentional Torts – Defendant actually intended to inflict harm by their actionsNegligence – Harm occurred as a result of neglect or carelessness of the defendantStrict Liability – Harm occurs when neither intent nor carelessness
6 Elements of a Tort Four elements of most torts: Injury – A harm that is recognized by the lawInjury must be proved
7 Elements of a Tort Four elements of most torts: Causation – Breach of duty caused the injuryProximate Cause – Exists when a reasonably foreseeable breach of duty resulted in an injury
8 Responsibility for Another’s Tort All people, including minors, are personally responsible for their tortsVicarious Liability – One person is responsible for the torts of anotherExampleParents give children “dangerous instruments”Guns without proper instruction
9 5-1 AssessmentTurn to page 84 and complete the 12 questions
10 5-1 Assessment Answers True A (proximate cause) False D (vicarious liability)VicariousB (strict liability)
11 5-1 Assessment Answers Duties – Obey the posted regulations Act reasonableInjuries – Damage to the cars and ferryCause – Starting of the truck without brakesYes. Proximate causeNo, Loss income is not proximateNo, not proximate
12 5-1 Assessment Answers Driver of the car for negligence Rental car company for dangerous instrumentMinor is liable. Dangerous instrument MaureenPatrick would be liable for negligence in allowing the hail damage, as he failed to fulfill his duty of taking reasonable care of the vehicle, but not for the hot oil and gravel nicks.
13 Most Common Intentional Torts Intentional Tort – the defendant possessed the intent to inflict the resultant injuryAssault – When one person intentionally puts another person in reasonable fear of an offensive or harmful bodily contactCan be words or gesture
14 Most Common Intentional Torts Battery – harmfully or offensively touching of another intentionally.False Imprisonment – Intentional confinement of a person against the person’s will and without lawful privilege.
15 Most Common Intentional Torts Defamation – False statement the injures a person’s reputation or good name.Slander – spokenLibel – writtenStatement must:Be falseBe communicated to a third partyBring the victim into disgrace, contempt, or ridicule by others
16 Most Common Intentional Torts Invasion of Privacy – Uninvited intrusion into an individuals personal relationships and activities in a way likely to cause shame or mental suffering in an ordinary person.Can result from unnecessary publicity regarding personal mattersIncludes freedom from commercial exploitation of one’s name, picture, or endorsement without permission.
17 Most Common Intentional Torts Trespass to Land – Entry onto the property of another without the owner’s consentIntent is requiredConversion – Personal property that is stolen, destroyed, or used in a manner inconsistent with the owner’s rights
18 Most Common Intentional Torts Interference with Contractual Rights – A third party enticing or encouraging a person to break a contractFraud – Intentional or recklessly made misrepresentation of an existing important fact.Made to induce someone to enter into a contract
19 Negligence Negligence - Careless behavior Defenses Most common tort “Reasonable Person” standardDefensesContributory Negligence – Both defendant and plaintiff are guilty of negligenceNo recover of losses
20 NegligenceDefensesComparative Negligence – Plaintiffs actions are partially at faultDamages are award in proportion to their percentage of responsibilityAssumption of Risk – Plaintiff is aware of a danger or risk
21 Strict LiabilityStrict Liability - Defendant can be held liable if he or she merely engaged in a particular activity that resulted in an injury, regardless of whether or not he or she was negligentOnly applies when someone has engaged in abnormally dangerous activitiesOwnership of dangerous of animalsActivity of a sale that are unreasonable activityIf the good is defective then it is dangerousAnother name is Product liability
22 5-2 AssestmentTurn to page 92 and complete the 5-2 Assessment
23 Remedies Available in a Civil Suit Two types of remediesInjunction – court order for a person to do or not to do a particular actDamages – Monetary award by the court to a person who has suffered loss or injury because of an act or omission
24 Damages Two types of Damages Compensatory – meant to replace the injured party in the position he or she was in prior to the injury or loss.IncludesLost wagesDoctor’s FeesMonetary amount to compensate for the injured party’s pain and suffering
25 Damages Two types of Damages Punitive Damages – Meant to punish the person who inflicted to injuryGenerally awarded in intentional tortsContingency fee – Lawyers are paid a percentage of the recovery25% before Trial33% win trial40% won on appeal
26 Procedure use to try a civil case Judge/JuryJudges decide issue of lawJury decides issue of factsPlaintiff – the party that initiates the lawsuit by filing a complaintDefendant – the party complained againstDefault judgment – defendant has 10 days to answer complain. If not answered, plaintiff wins judgment
27 Procedure in a civil case Civil jury – 6 to 12 peopleAfter jury is seated the attorneys make opening statementsState what they will try to proveEvidence – anything the judge allows to be presented to the jury that helps to prove or disprove the alleged facts.
28 Procedure in a civil case Testimony – statements made by witnesses under oathWitness – someone who has personal knowledge of the factsExpert Witness – give an opinion fro superior knowledge about important factsSubpoena – written order by the judge commanding a person to appear, give testimony, and perhaps present evidence
29 Procedure in a civil case Closing Arguments – each attorney summarizes the case, trying to persuade the judge/jury to favor his or her sideJudge give the jury instructions – tells the jury what rules of law apply to the case and what issues of fact they must decide
30 Procedure in a civil case The jury deliberates – jury retires to the jury room for deliberation in secret to decide the caseEach jury member must determine whether a preponderance of evidence supports the plaintiff’s case10 out or 12 jury members is needed for a conviction
31 Procedure in a civil case Verdict – jury decisionJudgment – the final results of the trialWrit of execution – court directing the defendant to pay the plaintiffCourt may seize defendants property and be soldMoney raised is paid to the plaintiff