Civil Law & Procedure Chapter 5 Lesson 5-1 Private Injuries v. Public Offenses Lesson 5-2 Intentional Torts, Negligence, & Strict Liability Lesson 5-3 Civil Procedure

Distinguish a crime from a tort, Identify the elements of torts, 5-1 GOALS Distinguish a crime from a tort, Identify the elements of torts, Explain why one person may be responsible for another’s tort

Lesson 5-1 Offenses Against Individuals How Do CRIMES & TORTS Differ? Tort – Private/Civil Wrong, an Offense against an individual Crime – Public Wrong, Offense against Society One act can be Both a Crime & Tort

Certain Elements are Common to Most Torts Elements of a tort Certain Elements are Common to Most Torts In 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 duty INJURY – a harm that’s recognized by law CAUSATION – Reasonably foresee/proof that Breach caused Injury

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 to Injure 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)

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 intentional NEGLIGENCE – based on carelessness, intent not required STRICT LIABILITY – liability imposed simply because a duty was violated and caused injury, Neither intent nor carelesses is required.

INJURY – CAUSATION – Injury from Breach of duty Must be Proven, No Injury = No Tort CAUSATION – 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.

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 another Parent – few exceptions, otherwise not responsible Employer for Employees

Identify common intentional torts 5-2 Goals Identify common intentional torts Recognize the elements of negligence Explain the basis for strict liability

COMMON INTENTIONAL TORTS Torts which defendant Intended either the Injury or the Act. ASSAULT Intentionally THREATENS to Physically or Offensively Injure another, Made w/ words or gestures Must 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 Intentional Contact may be Justified, ex. Self- Defense Not battery if Consented, ex. Boxing Match

COMMON INTENTIONAL TORTS FALSE IMPRISONMENT Depriving a person of freedom of movement without the person’s consent and without privilege. DEFAMATION A False Statement that injures one’s Reputation To be legally defamatory the statement must be: Be FALSE (Truth is a complete defense) Be COMMUNICATED to a Third person, and Bring the victim into Disrespect, Contempt, or Ridicule by others Spoken – Slander Written/Printed – Libel EXCEPTION -for statements about Public Officials or Famous Persons to encourage free discussions of issues of public concern No liability unless the statement was made w/ MALICE (Known to be False when made.)

COMMON INTENTIONAL TORTS INVASION OF PRIVACY Unwelcome & Unlawful intrusion into one’s private life so as to cause anger, mental suffering, or humiliation. TRESPASS TO LAND Entry onto the property of another without owner’s consent, as well as, interference with the possession of property CONVERSION When 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

COMMON INTENTIONAL TORTS LESSON 6-2 INTERFERENCE W/ CONTRACTUAL RELATIONS – If a third party entices or encourages the breach, the third party may be liable Intentional Infliction of Emotional Distress – Intentional or reckless act by defendant that is outrageous/extreme and causes victim to suffer sever emotional distress. FRAUD Occurs 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

Reasonable-Person Standard WHAT IS NEGLIGENCE? The most common tort, Intent Not Required, ONLY CARELESSNESS Duty and Negligence: The Duty imposed is the REASONABLE-PERSON STANDARD, Different Degrees of Care can be applied… Breach of Duty in Neglience To determine if a breach occurred - compare it to the Reasonable-Person Standard Causation and Injury in Negligence The Violation of Duty must be the PROXIMATE CAUSE of Injury

DEFENSES to Negligence CONTRIBUTORILY Negligence – Applies when plaintiff’s own negligence was partical cause of injury, so they cannot recover for loss caused by another COMPARATIVE Negligence – Most states apply this defense. Applies when plaintiff is partically at fault, and IS awarded damages, BUT damages are REDUCED in proportion to the plaintiff’s negligence. ASSUMPTION of the RISK – Plaintiff is aware of danger, but decides to subject themselves to the risk.

What is Strict Liability Liability that exists even though defendant was not negligent. Makes Defendant Liable if they Engaged in a Particular. Activity that resulted in Injury Activities 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 Sellers in the chain of distribution Are Liable to any buyer of the defective product who is injured.

5-3 Goals State the legal remedies that are available to a tort victim Describe the procedure used to try a civil case

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 & Suffering Lawyers – Contingency Fee Basis 25% - settled before trial, 33% - if case must be won at trial, and 40% or More – if case is won on appeal PUNITIVE Damages – additional damages awarded as Punishment Always available when Intentional tort has been committed Amount is to Punish Defendant, Not compensate Plaintiff

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