Presentation on theme: "Civil Law & Procedure Chapter 5"— Presentation transcript:
1 Civil Law & Procedure Chapter 5 Lesson Private Injuries v. Public OffensesLesson Intentional Torts, Negligence, & Strict LiabilityLesson Civil Procedure
2 Distinguish a crime from a tort, Identify the elements of torts, 5-1 GOALSDistinguish a crime from a tort,Identify the elements of torts,Explain why one person may be responsible for another’s tort
3 Lesson 5-1 Offenses Against Individuals How Do CRIMES & TORTS Differ?Tort – Private/Civil Wrong,an Offense against an individualCrime – Public Wrong, Offense against SocietyOne act can be Both a Crime & Tort
4 Certain Elements are Common to Most Torts Elements of a tortCertain Elements are Common to Most TortsIn a trial, they must be proven to establish liability(legal responsibility)The Elements of a Tort are:DUTY – legal obligation to do or not to do…BREACH/VIOLATION – of the dutyINJURY – a harm that’s recognized by lawCAUSATION – Reasonably foresee/proof that Breach caused Injury
5 DUTY – Injure Another… Interfere w/ the Property Rights of Others, We all have a duty to respect the rights of others…Whether a duty exists or not the JUDGE makes the decision by consulting state case, statutory law, &on occasion federal law.The DUTY Not toInjure Another…(includes bodily injury, reputation, or invasion of privacy)Interfere w/ the Property Rights of Others,(Trespass on land)Interfere w/ the Economic Rights of Others,(right to contract)
6 INTENTIONAL Torts – breach be intentional VIOLATION/BREACH of the Duty –Must be proved before injured party can collect money,almost always a question of fact for JURY to decide,INTENTIONAL Torts – breach be intentionalNEGLIGENCE – based on carelessness,intent not requiredSTRICT LIABILITY – liability imposed simply because a duty was violated and caused injury, Neither intent nor carelesses is required.
7 INJURY – CAUSATION – Injury from Breach of duty Must be Proven, No Injury = No TortCAUSATION –Means Breach of duty Caused Injury,PROXIMATE CAUSE – amount of causation is great enough for it to be recognized by law,Exists when it is REASONABLY FORESEEABLE that a Breach of Duty will result in an Injury.
8 Responsibilty for the Torts of Another In general, ALL PERSONS, (including MINORS & the INSANE), Are Responsible for their conduct & LIABLE for their Tort.Vicarious Liability – when one is liable for tort of anotherParent – few exceptions, otherwise not responsibleEmployer for Employees
9 Identify common intentional torts 5-2 GoalsIdentify common intentional tortsRecognize the elements of negligenceExplain the basis for strict liability
10 COMMON INTENTIONAL TORTS Torts which defendant Intended eitherthe Injury or the Act.ASSAULTIntentionally THREATENS to Physically or Offensively Injure another,Made w/ words or gesturesMust be believable , (have ability to carry it out)BATTERY (pushing, spitting on, throwing an object)Harmful or Offensive TOUCHING of another,Not battery if Not IntentionalContact may be Justified, ex. Self- DefenseNot battery if Consented, ex. Boxing Match
11 COMMON INTENTIONAL TORTS FALSE IMPRISONMENTDepriving a person of freedom of movement without the person’s consent and without privilege.DEFAMATIONA False Statement that injures one’s ReputationTo be legally defamatory the statement must be:Be FALSE (Truth is a complete defense)Be COMMUNICATED to a Third person, andBring the victim into Disrespect, Contempt, or Ridicule by othersSpoken – SlanderWritten/Printed – LibelEXCEPTION -for statements about Public Officials or Famous Persons to encourage free discussions of issues of public concernNo liability unless the statement was made w/ MALICE (Known to be False when made.)
12 COMMON INTENTIONAL TORTS INVASION OF PRIVACYUnwelcome & Unlawful intrusion into one’s private life so as to cause anger, mental suffering, or humiliation.TRESPASS TO LANDEntry onto the property of another without owner’s consent, as well as, interference with the possession of propertyCONVERSIONWhen personal property has been stolen, destroyed, or used in a manner inconsistent with the owner’s rights.A thief is always a converter,The Innocent Buyer of stolen goods is also a Converter
13 COMMON INTENTIONAL TORTS LESSON 6-2 INTERFERENCE W/ CONTRACTUAL RELATIONS –If a third party entices or encourages the breach, the third party may be liableIntentional Infliction of Emotional Distress –Intentional or reckless act by defendant that is outrageous/extreme and causes victim to suffer sever emotional distress.FRAUDOccurs when there is an intentional misrepresentation of an existing fact (a lie).Must be Relied On,Cause Financial Injury,An opinion is not a considered fraudulent
14 Reasonable-Person Standard WHAT IS NEGLIGENCE?The most common tort,Intent Not Required, ONLY CARELESSNESSDuty and Negligence:The Duty imposed is the REASONABLE-PERSON STANDARD,Different Degrees of Care can be applied…Breach of Duty in NeglienceTo determine if a breach occurred - compare it to theReasonable-Person StandardCausation and Injury in NegligenceThe Violation of Duty must be the PROXIMATE CAUSE of Injury
15 DEFENSES to Negligence CONTRIBUTORILY Negligence –Applies when plaintiff’s own negligencewas partical cause of injury, so they cannot recover for loss caused by anotherCOMPARATIVE Negligence –Most states apply this defense.Applies when plaintiff is partically at fault, andIS awarded damages, BUT damages are REDUCED in proportion to the plaintiff’s negligence.ASSUMPTION of the RISK –Plaintiff is aware of danger, but decidesto subject themselves to the risk.
16 What is Strict Liability Liability that exists even though defendant was not negligent.Makes Defendant Liable if they Engagedin a Particular. Activity that resulted in InjuryActivities Such As:ENGAGING IN ABNORMALLY DANGEROUS ACTIVITIES…OWNERSHIP OF DANGEROUS ANIMALS…SALE of GOODS that are UNREASONABLY DANGEROUS…Under Strict Liability, the Manufacturer and Any Sellersin the chain of distribution Are Liable to any buyer of the defective product who is injured.
17 5-3 Goals State the legal remedies that are available to a tort victim Describe the procedure used to trya civil case
18 Civil procedure Lesson 6-3 WHAT CAN A TORT VICTIM COLLECT?The usual remedy for a tort is DAMAGES.Damages:Referred to as ACTUAL or COMPENSATORY Damages,Purpose –Value is usually decided by a Jury,Reimbursements for Lost Wages, Medical Bills, Pain & SufferingLawyers – Contingency Fee Basis25% - settled before trial,33% - if case must be won at trial, and40% or More – if case is won on appealPUNITIVE Damages – additional damages awarded as PunishmentAlways available when Intentional tort has been committedAmount is to Punish Defendant, Not compensate Plaintiff
19 HOW IS A CIVIL CASE TRIED? JUDGES – always decide Issues of Law.JURY – decides Issues of Fact.When No Jury – the Judge decides both law and fact…Civil Juries –Composed of 6-12 citizens,Who listen to witnesses,Review physical evidence, &Reach their decisions,Most states decisions in civil trials Do Not have to be Unanimous