Civil Law 3.1 Intro To Civil Law

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Presentation transcript:

Civil Law 3.1 Intro To Civil Law

Torts: A Civil Wrong In civil law, when a person commits a wrong, we call it a tort. Plaintiff: the harmed individual in a civil law suit Defendant: the wrongdoer in a civil law suit Damages: money paid by the defendant to compensate for injuries

Criminal Law v. Civil Law Crime v. Tort Prosecution v. Plaintiff Defendant v. Defendant [same] Jail/Prison v. Fine Retribution v. Restitution B&E: 1. Person committed a crime (it is illegal to break and enter), so they are prosecuted by the state 2. Person caused damage to or stole another person’s property, so they are sued by the victim for damages

Liability Liability: legal responsibility This is not the same as moral responsibility-- Tort law deals with two basic questions: Who should be responsible for harm caused? How much should the responsible person pay? Any time you are doing something that can cause harm (driving a car, speaking publicly, etc.) you most likely have some amount of liability. Legal responsibility is not the same as moral responsibility. You can be morally wrong (lying to someone) but not liable. You can also be legally responsible, but not morally responsible (strict liability case).

Tort Law Tort law occurs when one person causes injury to another person, their property, or their reputation. The injured party (plaintiff) takes the wrongdoer (defendant) to court. Tort law provides the plaintiff with a remedy (something to make up for what was lost). Tort law establishes standards of care that society expects from people. You must act with reasonable care toward people and their property.