Presentation is loading. Please wait.

Presentation is loading. Please wait.

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6 Slide 1 Personal Injury Laws 6-1 6-1Offenses Against Individuals 6-2 6-2Intentional.

Similar presentations


Presentation on theme: "LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6 Slide 1 Personal Injury Laws 6-1 6-1Offenses Against Individuals 6-2 6-2Intentional."— Presentation transcript:

1 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6 Slide 1 Personal Injury Laws Offenses Against Individuals Intentional Torts, Negligence, and Strict Liability Civil Procedure CHAPTER 6 Lessons

2 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6 Slide 2 Offenses Against Individuals Distinguish a crime from a tort Discuss the elements of a tort Explain when a person is responsible for another’s tort LESSON 6-1 GOALS

3 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 3 H O T D E B A T E Your neighbor Shana is using a multipurpose woodcutting machine in her basement hobby shop. Suddenly, because of a defect in the two-year-old machine, a metal clamp from the machine breaks. The metal strikes Shana’s left eye, badly injuring it. The manufacturer had provided a one-year warranty against defects on the machine.

4 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 4 Do you think the manufacturer should be responsible for Shana’s medical expenses?

5 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 5 If the machine was defectively manufactured or designed  Manufacturer Manufacturer is strictly liable for injuries Warranty expired  does not matter, manufacturer still liable

6 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 6 What defense(s) does the manufacturer have against a suit for damages for her injury?

7 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 7 If Shana had made “ material ” modifications to the machinery, the manufacturer may be successful

8 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 8 HOW DO CRIMES AND TORTS DIFFER? A crime is an offense against society— a public wrong. A tort is a private or civil wrong—an offense against an individual injured can sue for money damages (compensate for the injury) acts can be torts and crime

9 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 9 ELEMENTS OF A TORT Duty - to respect the rights of others Not to injure others Not to interfere with the property rights of others (trespassing) Not to interfere with the economic rights of others (contracts) Whether or not a duty exists is determined by a judge.

10 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 10 ELEMENTS OF A TORT Violation of the duty – must be proved before the injured can collect (jury decides) Injury – no injury; no tort Causation – breach of duty caused injury Strict Liability - liability is imposed even though intent & carelessness may be lacking

11 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 11 RESPONSIBILITY FOR THE TORTS OF ANOTHER In general, all persons are responsible for their conduct and therefore liable for their torts. Vicarious liability is when one person is liable for the torts of another.

12 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 12 Offenses Against Individuals A tort is considered to be an offense against society TRUE / FALSE

13 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 13 Offenses Against Individuals F A L S E

14 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 14 Offenses Against Individuals A single act can be both a tort and a crime. TRUE / FALSE

15 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 15 Offenses Against Individuals T R U E

16 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 16 Offenses Against Individuals Degree of causation of a tort great enough to be recognized by law is called a) proximate cause b) intimate cause c) incidental cause d) none of the above

17 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 17 Offenses Against Individuals A - proximate cause

18 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 18 Offenses Against Individuals In order to establish liability for a tort, all of the following must be proved except: a) duty b) breach of duty c) harm recognized by law d) vicarious liability

19 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 19 Offenses Against Individuals D - vicarious liability

20 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 20 Offenses Against Individuals An insane person cannot be held liable for a tort. TRUE / FALSE

21 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 21 Offenses Against Individuals F A L S E

22 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 22 Offenses Against Individuals When one party is held responsible for the tort of another, the liability is called __________________ liability

23 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 23 Offenses Against Individuals vicarious

24 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 24 Offenses Against Individuals Which of the following types of torts are based on carelessness? A) intentional torts B) strict liability torts C) negligence D) none of the above

25 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 25 Offenses Against Individuals C - negligence

26 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 26 Offenses Against Individuals If you act recklessly, but do not harm anyone, there is usually no tort TRUE / FALSE

27 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 27 Offenses Against Individuals T R U E

28 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 28 Offenses Against Individuals Parents generally are held liable for the torts of their children TRUE / FALSE

29 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 29 Offenses Against Individuals F A L S E

30 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6 Slide 30 Intentional Torts, Negligence, and Strict Liability Identify nine common intentional torts Define negligence and strict liability LESSON 6-2 GOALS

31 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 31 COMMON INTENTIONAL TORTS Intentional torts - torts for which the defendant intended either the injury or the act Assault Battery False imprisonment Defamation Invasion of privacy Trespass to land Conversion Interference with contractual relations Fraud

32 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 32 ASSAULT The tort of assault occurs when one person intentionally threatens to physically or offensively injure another.

33 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 33 BATTERY An intentional breach of the duty to refrain from harmful or offensive touching of another is battery.

34 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 34 FALSE IMPRISONMENT False imprisonment is depriving a person of freedom of movement without the person’s consent and without privilege.

35 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 35 DEFAMATION If a false statement injures a person’s reputation, it may constitute the tort of defamation. To be legally defamatory, the statement must be false, be communicated to a third person, and bring the victim into disrepute, contempt, or ridicule by others. If defamation is spoken, it is slander. If the defamation is written or printed, it is libel.

36 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 36 INVASION OF PRIVACY Invasion of privacy is defined as the unwelcome and unlawful intrusion into one’s private life so as to cause outrage, mental suffering, or humiliation.

37 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 37 TRESPASS TO LAND The tort of trespass to land is entry onto the property of another without the owner’s consent. Trespass may consist of other forms of interference with the possession of property.

38 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 38 CONVERSION Conversion occurs when someone’s right to control the possession and use of personal property are violated. Conversion occurs if the property is stolen, destroyed, or used in a manner inconsistent with the owner’s rights. A thief is always a converter. Conversion occurs even when the converter does not know that there is a conversion.

39 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 39 INTERFERENCE WITH CONTRACTUAL RELATIONS Interference with contractual relations occurs when a third party entices or encourages a breach of contract.

40 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 40 FRAUD Fraud occurs when there is an intentional misrepresentation of an existing important fact. The misrepresentation must be relied on and cause financial injury.

41 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 41 WHAT IS NEGLIGENCE? Duty and negligence Breach of duty in negligence Causation and injury in negligence Defenses to negligence

42 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 42 WHAT IS STRICT LIABILITY? Strict liability means holding a defendant liable without a showing of negligence. Strict liability makes the defendant liable if he or she engaged in a particular activity that resulted in injury.

43 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6 Slide 43 Civil Procedure Discuss what damages are available to victims of torts Explain the various stages of a civil suit LESSON 6-3 GOALS

44 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 44 WHAT CAN A TORT VICTIM COLLECT? An injunction may be issued to prevent a tort. The usual remedy for a tort is damages.

45 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 45 DAMAGES Damages are a monetary award to the injured party to compensate for loss. Actual or compensatory damages are intended to compensate the plaintiff for loss. Punitive damages are intended to punish the defendant.

46 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 46 HOW IS A CIVIL CASE TRIED? Judges always decide issues of law. Juries decide issues of fact.

47 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 47 KEY TERMS USED IN A CIVIL CASE Evidence Testimony Witness Subpoena Verdict Judgment

48 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 48 HOW IS A JUDGMENT SATISFIED? Ordinarily, when a civil judgment for the plaintiff becomes final, the defendant will pay the judgment. If the defendant does not pay, the plaintiff may obtain a writ of execution.

49 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6 Slide 49 Personal Injury Laws Offenses Against Individuals Intentional Torts, Negligence, and Strict Liability Civil Procedure CHAPTER 6 Lessons

50 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6 Slide 50 Offenses Against Individuals Distinguish a crime from a tort Discuss the elements of a tort Explain when a person is responsible for another’s tort LESSON 6-1 GOALS

51 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 51 HOW DO CRIMES AND TORTS DIFFER? A crime is an offense against society— a public wrong. A tort is a private or civil wrong—an offense against an individual injured can sue for money damages (compensate for the injury) acts can be torts and crime

52 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 52 ELEMENTS OF A TORT Duty - to respect the rights of others Violation of the duty Injury Causation Strict Liability - liability is imposed even though intent & carelessness may be lacking

53 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 53 RESPONSIBILITY FOR THE TORTS OF ANOTHER In general, all persons are responsible for their conduct and therefore liable for their torts. Vicarious liability is when one person is liable for the torts of another.

54 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 54 Offenses Against Individuals A tort is considered to be an offense against society TRUE / FALSE

55 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 55 Offenses Against Individuals F A L S E

56 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 56 Offenses Against Individuals A single act can be both a tort and a crime. TRUE / FALSE

57 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 57 Offenses Against Individuals T R U E

58 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 58 Offenses Against Individuals Degree of causation of a tort great enough to be recognized by law is called a) proximate cause b) intimate cause c) incidental cause d) none of the above

59 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 59 Offenses Against Individuals A - proximate cause

60 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 60 Offenses Against Individuals In order to establish liability for a tort, all of the following must be proved except: a) duty b) breach of duty c) harm recognized by law d) vicarious liability

61 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 61 Offenses Against Individuals D - vicarious liability

62 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 62 Offenses Against Individuals An insane person cannot be held liable for a tort. TRUE / FALSE

63 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 63 Offenses Against Individuals F A L S E

64 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 64 Offenses Against Individuals When one party is held responsible for the tort of another, the liability is called __________________ liability

65 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 65 Offenses Against Individuals vicarious

66 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 66 Offenses Against Individuals Which of the following types of torts are based on carelessness? A) intentional torts B) strict liability torts C) negligence D) none of the above

67 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 67 Offenses Against Individuals C - negligence

68 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 68 Offenses Against Individuals If you act recklessly, but do not harm anyone, there is usually no tort TRUE / FALSE

69 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 69 Offenses Against Individuals T R U E

70 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 70 Offenses Against Individuals Parents generally are held liable for the torts of their children TRUE / FALSE

71 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 71 Offenses Against Individuals F A L S E

72 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6 Slide 72 Intentional Torts, Negligence, and Strict Liability Identify nine common intentional torts Define negligence and strict liability LESSON 6-2 GOALS

73 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 73 COMMON INTENTIONAL TORTS Intentional torts - torts for which the defendant intended either the injury or the act Assault Battery False imprisonment Defamation Invasion of privacy Trespass to land Conversion Interference with contractual relations Fraud

74 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 74 ASSAULT The tort of assault occurs when one person intentionally threatens to physically or offensively injure another.  threat must be believable & person must have ability to carry it out Just pointing the gun at someone is assault

75 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 75 BATTERY An intentional breach of the duty to refrain from harmful or offensive touching of another is battery. (shooting / pushing in anger / spitting on / throwing pie in face) -- self defense is not battery -- consenting to contact (sports)

76 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 76 FALSE IMPRISONMENT False imprisonment is depriving a person of freedom of movement without the person’s consent and without privilege. Probable cause – privileged to imprison Merchants allowed to detain (reasonable basis for believing person shoplifted)

77 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 77 DEFAMATION If a false statement injures a person’s reputation, it may constitute the tort of defamation. To be legally defamatory, the statement must be false, be communicated to a third person, and bring the victim into disrepute, contempt, or ridicule by others. If defamation is spoken, it is slander. If the defamation is written or printed, it is libel.

78 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 78 DEFAMATION Exception: statements about public officials or prominent personalities No liability unless statement is made with malice (known to be false when made) Judges, lawyers, jurors, witnesses & other parties in judicial proceedings are also immune for statements made during the trial/hearing Truth is a defense to a defamation charge

79 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 79 INVASION OF PRIVACY Invasion of privacy is defined as the unwelcome and unlawful intrusion into one’s private life so as to cause outrage, mental suffering, or humiliation. two-way mirrors (violates expectation of privacy) Politicians, actors & people in the news give up much of their right to privacy when they step into the public domain

80 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 80 TRESPASS TO LAND The tort of trespass to land is entry onto the property of another without the owner’s consent. Trespass may consist of other forms of interference with the possession of property. Dumping rubbish on someone else’s property Breaking someone’s window Intent is required to commit the tort of trespass

81 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 81 Trespass Case

82 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 82 CONVERSION Conversion occurs when someone’s right to control the possession and use of personal property are violated. Conversion occurs if the property is stolen, destroyed, or used in a manner inconsistent with the owner’s rights. A thief is always a converter. Conversion occurs even when the converter does not know that there is a conversion.

83 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 83 INTERFERENCE WITH CONTRACTUAL RELATIONS Interference with contractual relations occurs when a third party entices or encourages a breach of contract.

84 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 84 FRAUD Fraud occurs when there is an intentional misrepresentation of an existing important fact. The misrepresentation must be relied on and cause financial injury.  Not personal opinions/views

85 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 85 WHAT IS NEGLIGENCE? Duty and negligence -- intent to injure someone is NOT necessary Reasonable- person standard – act with care, prudence and good judgment Standard is different for certain individuals Under age 7 – incapable of negligence If child undertakes “adult activity” – held to adult standard Professionals & Tradespeople – held to higher standard Negligence (most common tort); various degrees

86 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 86 WHAT IS NEGLIGENCE? Breach of duty in negligence – the reasonable person standard defines the duty Causation and injury in negligence – proximate cause (violation of duty must have caused injury)

87 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 87 WHAT IS NEGLIGENCE? Defenses to negligence – contributory negligence (cannot recover); comparative negligence (partial recovery) Assumption of Risk – aware of danger, but decides to subject themselves to the risk

88 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 88 WHAT IS STRICT LIABILITY? Strict liability means holding a defendant liable without a showing of negligence. Strict liability makes the defendant liable if he or she engaged in a particular activity that resulted in injury. Target practice / blasting / crop dusting with dangerous chemicals / storing flammable liquids

89 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 89 STRICT LIABILITY Ownership of dangerous animals also subjects you to strict liability Bears Tigers Snakes Elephants Monkeys Sale of goods that are unreasonably dangerous (seller & manufacturer of defective goods are responsible)

90 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6 Slide 90 Civil Procedure Discuss what damages are available to victims of torts Explain the various stages of a civil suit LESSON 6-3 GOALS

91 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 91 WHAT CAN A TORT VICTIM COLLECT? Two types of remedies generally available for civil lawsuits: An injunction (court order) may be issued to prevent a tort or stop it from continuing. The usual remedy for a tort is damages

92 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 92 DAMAGES Damages are a monetary award to the injured party to compensate for loss. Actual or compensatory damages are intended to compensate the plaintiff for loss. Punitive damages are intended to punish the defendant. – jury decides

93 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 93 Attorney Fees Contingency Fee Basis – lawyer takes a percentage of the recovery 25% - if settled before trial 33% - if won at trial 40% - if won on appeal

94 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 94 What’s Your Verdict? Horsley, the owner of a dry cleaning store, lived next door to Eardly, who was editor of a small newspaper in their town. The two quarreled frequently and became enemies. As a consequence, when Eardly published a story on the drug problem in the town, he identified Horsley as a “drug dealer.” This statement was untrue and defamatory. What kind of damages could Horsley collect from Eardly in a lawsuit?

95 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 95 What’s Your Verdict? If Horsley could prove injury to her business  damages If Horsley could prove Eardly acted with malice  punitive damages  usually available where intentional torts are committed (not contract law or other torts)

96 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 96 HOW IS A CIVIL CASE TRIED? Judges always decide issues of law. Juries decide issues of fact. 1) Jury selected 2) Opening statements – what each party will attempt to prove 3) Evidence presented – documents, charts, sobriety test results, photos, etc.

97 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 97 HOW IS A CIVIL CASE TRIED? 4) Closing arguments and instructions to jury 5) Jury deliberation 6) Verdict - Jury 7) Judgment - Judge

98 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 98 KEY TERMS USED IN A CIVIL CASE Evidence – materials to prove/disprove alleged facts Testimony – most common form of evidence – statements by witnesses under oath Witness – personal knowledge Subpoena – written court order Verdict – jury’s decision Judgment – final result of trial

99 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 99 HOW IS A JUDGMENT SATISFIED? Ordinarily, when a civil judgment for the plaintiff becomes final, the defendant will pay the judgment. If the defendant does not pay, the plaintiff may obtain a writ of execution.


Download ppt "LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6 Slide 1 Personal Injury Laws 6-1 6-1Offenses Against Individuals 6-2 6-2Intentional."

Similar presentations


Ads by Google