LS 500 Unit Nine Town Hall Saturday, February 11, 2012 John Gray Welcome! Are there any questions about the material in this unit? Please, feel free to at any time. My is above on this slide. We do not have a town hall in unit ten.

Today, our town hall subject involves a look at “common law” in general and tort law in particular. Most of the world today has a “civil law” legal system as its legal history. In such a system, case precedent does not mean very much. England had the idea of developing a system of judicial decisions that would be the “common law” of the British empire. This goal was never fully realized, as the British empire declined and it lost most of its colonies, including what is now most of the U.S. The “common law” was the judge-made law of England about 350 years ago. No one follows it today, as it was then, not even the British. But this legal system is part of our legal history. Give definition of burglary, and discussion how it has changed with the times. Precedent, the idea that prior cases can serve as statements of law for other cases, is a British legal idea that come to this country with people from that region.

 Under tort law, an injured party can bring a civil lawsuit to seek compensation for a wrong done to the party or the party’s property.  Breaches of contract are not torts.  Punitive damages, a crucial difference between torts, which allows them, and contract actions which do not.

Tort law imposes a duty on persons and business agents not to intentionally or negligently injure others in society. When a duty required by tort law is violated, and injury results, often suit for damages are filed. Types of damages are: nominal, compensatory and punitive.

 We have intentional torts, negligence torts and strict liability torts. There is no such thing as intentional negligence, they are mutually exclusive.  There are two categories of intentional torts: Intentional torts against persons Intentional torts against persons Intentional torts against property Intentional torts against property

 Battery (an intentional tort) Unauthorized and harmful or offensive physical contact with another person. Unauthorized and harmful or offensive physical contact with another person. Actual physical contact is unnecessary. Actual physical contact is unnecessary.

“  False Imprisonment The intentional confinement or restraint of another person without authority or justification and without that person’s consent. The intentional confinement or restraint of another person without authority or justification and without that person’s consent. We have merchant protections statutes due to shoplifting issues. We have merchant protections statutes due to shoplifting issues.

Merchant Protection Statutes – allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if:  There are reasonable grounds for the suspicion,  Suspects are detained for only a reasonable time, and  Investigations are conducted in a reasonable manner.

 Defamation of Character False statement(s) made by one person about another. The plaintiff must prove that: False statement(s) made by one person about another. The plaintiff must prove that:  The defendant made an an untrue statement of fact about the plaintiff; and  The statement was intentionally or accidentally published to a third party.

 Defamation of Character (continued) Slander – oral defamation of character. Slander – oral defamation of character. Libel – a false statement that appears in a letter, newspaper, magazine, book, photo, video, etc. Libel – a false statement that appears in a letter, newspaper, magazine, book, photo, video, etc.

 In New York Times v. Sullivan, the U.S. Supreme Court held that public officials cannot recover for defamation unless they can prove that the defendant acted with actual malice.  Public officials is interpreted to mean public characters…this includes anyone who has run for public office, those on TV on a regular basis, movie stars, etc.

 Intentional Infliction of Emotional Distress A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress. A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress. Also known as the tort of outrage. Also known as the tort of outrage. Some states have a tort called, negligent infliction of emotional distress. States do not always have exactly the same torts. Some states have a tort called, negligent infliction of emotional distress. States do not always have exactly the same torts.

 Trespass to Land A tort that interferes with an owner’s right to exclusive possession of land. This includes what is over and under the land as well as what is on it. A tort that interferes with an owner’s right to exclusive possession of land. This includes what is over and under the land as well as what is on it.

 Conversion of Personal Property A tort that deprives a true owner of the use and enjoyment of his or her personal property by: A tort that deprives a true owner of the use and enjoyment of his or her personal property by:  Taking over such property; and  Exercising ownership rights over it.  This tort is the civil side of the crime of theft.

 Negligence (this includes car accidents, and many other things like them). The omission to do something which a reasonable person would do; or The omission to do something which a reasonable person would do; or Doing something which a prudent and reasonable man would not do. Doing something which a prudent and reasonable man would not do.

To win a negligence suit, the plaintiff must prove that: 1. The defendant owed a duty of care to the plaintiff 2. The defendant breached the duty of care 3. The plaintiff suffered injury 4. The defendant’s negligent act caused the plaintiff’s injury All of these elements are required for the plaintiff to win. By duty above, we mean a legal duty, not just a moral one.

 Duty of Care – the obligation we all each other not to cause any unreasonable harm or risk of harm. The courts apply a reasonable person standard. The courts apply a reasonable person standard. Defendants with a particular expertise or competence are measured against a reasonable professional standard. Defendants with a particular expertise or competence are measured against a reasonable professional standard.

 Strict liability torts are those that impose liability regardless of whether anyone was actually at fault. They as so dangerous, that if someone undertakes to do them and a mishap occurs, the person who took the action is held responsible. Examples: dynamite blasting, imploding buildings, etc.  Our tort system has these British based classifications to this day.  Questions/comments, thanks, JG