Torts A Civil Wrong

Criminal Law Civil Law When someone commits a wrong, it’s called a crime A crime is a wrong against ALL of society, even though there is usually a specific victim Criminals prosecuted & punished by the state When someone commits a wrong, it’s called a tort A tort is a wrong against an individual Harmed individual (plaintiff) seeks to win a judgment against the accused wrongdoer (defendant)

Intro to Civil Law Defendant who loses lawsuit won’t be punished with jail or penalties Will, instead, be ordered to compensate plaintiff for harm done, usually by paying monetary damages Certain illegal activity can be both a crime and a tort Ex: Burglar could be prosecuted by the state AND sued by victim to recover monetary damages

The Idea of Liability Rules that govern civil wrongs called tort law Tort law’s two basic questions: Who should be liable (responsible) for the harm caused? How much should the party responsible have to pay? Almost any activity can be source of harm Driving, speaking, writing, operating a business, etc.

The Idea of Liability Tort law establishes standards of care that society expects from people Failure to exercise reasonable care that causes harm may result in legal liability (legal responsibility) Whenever person is injured, someone must bear the cost of harm Medical bills Lost wages Damaged property Emotional suffering Tort law concerned with who must pay

Jackpot Justice? The McDonald's Hot Coffee Case https://www.youtube.com/watch?v=KNWh6Kw3ejQ

The Idea of Liability Tort law provides legal process for injured persons to recover monetary damages from wrongdoers who cause them harm Don’t have to go to court; can reach settlement instead Both parties come together to discuss how to compensate injured person If parties cannot agree on compensation, or if wrongdoer insists he/she was acting reasonably, trial may ensue