Torts and Crimes MAN-3 MAN-3 Erlan Bakiev, Ph.D.

Why It’s Important Learning the difference between a tort and a crime will help you understand how the justice system protects people from injury.

Section Outline The Difference Between Criminal Law and Tort Law Intentional Torts Assault and Battery Trespass Nuisance False Imprisonment Defamation Invasion of Privacy

Pre-Learning Question What is the difference between criminal law and tort law?

The Difference Between Criminal Law & Tort Law A crime is an act against not only a specific individual, but the general welfare, as well. A tort is a private wrong committed by one person against another.

The Difference Between Criminal Law and Tort Law A tort will lead the wronged party to try and recover money as compensation for the loss or injury suffered. A tort does not, however, call upon the government to punish the wrongdoer.

The Concept of Rights The law of torts is grounded in the concept of rights. Under tort law all people are entitled to certain rights. These include the right to: Be free from bodily harm. Enjoy a good reputation Conduct business without unwarranted interference.

The Concept of Rights The law imposes a duty on all of us to respect the rights of others. Tort law governs this interplay between rights and duties.

Pre-Learning Question What is an intentional tort?

Intentional Torts Torts can be committed either intentionally or unintentionally. An intentional tort occurs when a person knows and desires the consequences of his or her act.

Assault and Battery The tort of assault occurs when one person deliberately leads a person to believe they are about to be harmed. The tort of battery involves the unlawful, unprivileged touching of another person.

Assault and Battery The tort of assault is different from the crime of assault. The victim of a tort assault must know that the tortfeasor meant to commit harm. A tortfeasor is the person who committed the tort.

Trespass A trespass is the wrongful damage to or interference with the property of another. Nuisance The tort of nuisance is anything that interferes with the enjoyment of life or property.

Invasion of Privacy Invasion of privacy is interfering with a person’s right to be left alone, which includes the right to be free from unwanted publicity and interference with private matters.

False Imprisonment Law enforcement officers must have probable cause or a warrant to arrest someone, or they can be sued for false imprisonment, or false arrest.

Defamation Defamation is the wrongful act of injuring another’s reputation by making false statements. Libel is a false statement in written form. Slander is a false statement made orally to a third party.

Raymond slapped his wife Charlotte while they were arguing about child support. Which tort did Raymond commit—assault or battery?

Which definition best describes “tortfeasor”? A person charged with the crime of assault. A person charged with committing a tort. The attorney who represents a person accused of committing a tort.

ANSWER Battery (b) A person charged with committing a tort.

Reviewing What You Learned Section 4.1 Assessment Reviewing What You Learned What is the difference between a crime and a tort? What concept is at the heart of tort law?

Reviewing What You Learned How can a tort be committed? Section 4.1 Assessment Reviewing What You Learned How can a tort be committed? What are the most common intentional torts?

Reviewing What You Learned Answer Section 4.1 Assessment Reviewing What You Learned Answer 1) A crime is an offense against the public at large. A tort is a private wrong committed by one individual against another. 2) The law of torts is grounded in the concept of rights.

Reviewing What You Learned Answer Section 4.1 Assessment Reviewing What You Learned Answer 3) A tort can be committed intentionally or unintentionally. 4) Assault, battery, trespass, nuisance, false imprisonment, defamation, and invasion of privacy.

Critical Thinking Activity Tort Law Section 4.1 Assessment Critical Thinking Activity Tort Law If criminal law is responsible for dealing with individuals who commit wrongful acts, what purpose does tort law serve? Why do you need to understand the different intentional torts?

Critical Thinking Activity Answer Tort Law Section 4.1 Assessment Critical Thinking Activity Answer Tort Law Tort law compensates victims, and in order to properly represent his or her client as a tortfeasor or a victim, an attorney must have a proper understanding of the different intentional torts.