1. TORTS: A CIVIL WRONG Chapter 18

2. TORTS: A CIVIL WRONG Under criminal law, wrongs committed are called crimes. Under civil law, wrongs committed are called torts. In civil cases, the injured party (the plaintiff) can sue the person believed to be legally responsible for the harm (the defendant). Tort law establishes an expectation that people should act with reasonable care toward other people and their property.

3. TERMS Tort - a breach of some obligation, causing harm or injury to someone; a civil wrong, such as negligence or libel Plaintiff – individual who is harmed, files suit Defendant - the person against whom a claim is made. In a civil suit, the defendant is the person being sued; in a criminal case, the defendant is the person charged with committing a crime. Judgment - a court's decision in a civil case Damages - money asked for or paid by court order to a plaintiff for injuries or losses suffered

4. THE IDEA OF LIABILITY A defendant found responsible for injuring the plaintiff will usually be ordered to pay the plaintiff money, called damages. Damages are meant to compensate the plaintiff for any financial, physical, or emotional costs associated with the injury. The plaintiff does not always need to sue in order to receive damages. Often the two parties can meet and make an agreement—or settlement—on compensation for the injury.

5. THE IDEA OF LIABILITY What does it mean to be liable? What does it mean by remedy? Liability- legal responsibility for harm Settlement – agreement reached by both parties without having to go to court.

6. THE IDEA OF TORTS: YESTERDAY, TODAY, AND TOMORROW Tort law has changed over time to reflect changes in society and its values. State courts handle most tort cases. Tort law is generally based on common law, which is created through court decisions written by judges. Tort law can also be based on written laws, known as statutes, which are passed by state legislatures.

7. THE IDEA OF TORTS: YESTERDAY, TODAY, AND TOMORROW Common law - a system in which court decisions established legal principles and rules of law Statutes - written laws enacted by legislatures

8. TYPES OF TORTS There are three major types of tort liability— intentional wrongs, acts of negligence, and strict liability. An intentional wrong occurs when a person purposefully harms another person or his or her property.

9. TYPES OF TORTS Negligence - the most common unintentional tort— occurs when one person unintentionally inflicts injury upon another person. Even though the injury was not intentional, the person who caused injury can still be held liable for acting carelessly and causing harm. Strict liability - requires people engaged in certain dangerous activities to assume extra responsibility for the consequences of their actions.

10. TAKING YOUR CASE TO COURT Almost anyone can be sued. Employers may be responsible for many of the torts committed by their employees, and in some states parents can be sued for torts committed by their children (vicarious liability) Children who commit torts may be sued if it can be proven that the child acted unreasonably for a person of that age.

11. TAKING YOUR CASE TO COURT Tort law deals with disputes between individuals or groups of individuals. Unlike criminal law, the government is not responsible for bringing the case to court, and defendants never go to prison. While both criminal law and tort law require substantial evidence to prove the defendant is responsible, criminal cases require more convincing evidence. Although a tort and a crime are different legal actions, the same harmful activity can sometimes be both a crime and a tort.

12. TAKING YOUR CASE TO COURT Civil Law - Tort Law Standard of Proof – amount of evidence the prosecutor must present in order to win the case  Criminal Case – beyond a reasonable doubt  Civil Case – preponderance of the evidence; has to be 50% of the weight of the evidence must be in the plaintiff’s favor.

13. WHO CAN BE SUED? Deep Pockets - finding someone with enough money to pay for the damages. Minor – a child; person under the legal age of adulthood, usually 18 or 21. Immune – protection from some kinds of tort suits. For example; suits against governments and certain government officials, children suing parents and spouses. Waive – to give up immunity

14. WHO CAN BE SUED? Class Action – the injured parties that may be injured by one action that bring a lawsuit as a collective group. Contingency Fee – a payment to lawyers based on a portion of the recovery rather than charging an hourly fee.

15. INSURANCE Liability insurance – an agreement (contract) in which the insured person makes regular payments to an insurance company. In return, the insurance company agrees to pay for certain damages the insured person might cause. Liability insurance protects professionals, manufacturers, homeowners, and drivers. Although many types of insurance exist, very few insurance policies cover a person who has committed an intentional harm.

16. INSURANCE Contract – an agreement between two or more parties where there is an offer and acceptance of terms. Premiums – Payments made to an insurance company for some type of coverage that pays for damages caused or incurred by an insured. Deductible – The amount a person agrees to pay as part of their insuring agreement with their insurance company.

17. INSURANCE Malpractice – type of lawsuit brought by clients or patients who claim that a professional person provided services in a negligent manner. Medical Coverage – Payments made to an insurance company for some type of coverage that pays for damages caused or incurred by an insured. Uninsured Motorist Coverage – type of insurance that protects you from other drivers who do not have insurance or not enough insurance.

18. INSURANCE Collision – type of insurance that pays for damage to your car, even if the accident is your fault, arising out of the operation of the vehicle. Comprehensive – type of insurance that pays for damage to your car for damage or loss to your car from causes other than collision. For example, storm damage, fire or theft. No Fault Insurance – Your own insurance company pays for your damages, regardless of who is at fault.

19. WORKERS’ COMPENSATION Type of insurance that operates to automatically compensate (pay) employees who are injured on the job. Workers cannot usually recover additional damages from the employer through a civil tort action which means that workers’ comp is the exclusive remedy, or the only compensation for on-the-job injuries.