1. Ch. 5
Torts and Civil Law

2. Hook Guest Speaker (Ed Thomas) Read Ch. 5-3 by yourself
I will randomly select people to write similarities and differences between the civil trial procedure and the criminal trial procedure on the board (as you read)
Bell race (review)
Page
Assign groups for 6-9

3. Day 2
Finish activity
Review in assigned groups
Share

4. Crimes and Torts Tort-Private Civil wrong Against individual Damages
Monetary
Both tort and crime
Master-servant rule

5. Elements of a Tort Duty Breach of duty Injury Causation Not to injure
Not to interfere w/ property rights
Not to interfere with economic rights (contract)
Breach of duty
Re ipsa loqutur (act speaks for itself)
Negligence
Injury
Causation
Breach of duty caused injury
Proximate cause-amount of causation is great enough for it to be recognized by law
What’s Your Verdict pg. 86

6. Causation Cont. Respndeat Superior Vicarious Liability Minor Parents
Principal/employer accountable for agent/employee
Vicarious Liability
Minor
Parents
Children

7. Scenarios Group 1- Tort Only Group 2- Crime Only
Group 3- Crime and a Tort

8. Intentional Torts
False Imprisonment- Confinement against a person’s will
Your consent- necessary
Police-probable cause
Accident (mistook you for someone else)

9. Intentional Torts Defendant possessed the intent to inflict injury
Assault-Fear of harm
Believable harm
Threaten to punch?
Threaten to kiss?
Battery- Harmful or offensive touching of another
Examples?

10. Intentional Torts Invasion of Privacy
Uninvited intrusion that may cause shame or mental suffering in an ordinary person
Publications
Ex. 2 way mirrors in restroom
Exceptions
Police tapping phones with warrant
Public figures (actors, politicians, news)

11. Intentional Torts
Defamation- false statement that injures a person’s good name
Slander- spoken
Requirements
False
Communicated to a 3rd person
Bring the victim into disrepute, contempt, or ridicule by others.

12. Intentional Torts Intentional Infliction of Emotional Distress
Must prove
Trespass to Land
Includes dumping materials
Conversion
Stealing
Interference with Contractual Relations
Fraud
Does not include opinion
“This is the best car we’ve ever had on the lot”
Puffing

13. Negligence Careless Behavior Elements
Duty of Care owed by the defendant to plaintiff
Reasonable person
A breach of duty
Causation
Injury

14. Defenses to Negligence
Contributory Negligence-
Both parties “contributed” or were negligent
Comparative Negligence
Both parties awarded damages
Based on percentages of injury
Assumption of risk
Know danger before
Warned
“Beware” Signs
“No trespassing”

15. Defenses to Negligence
Strict Liability
Defendant held liable
Engaged in activity/ result in injury
Regardless of negligence
Ex.
Target practice
Storing flammable liquids
Ownership of dangerous animals
Sale of dangerous goods
Statutes of repose-
Can’t sue after a certain time

16. Search a real case that deals with:
Assault
Battery
False Imprisonment
Defamation
Invasion of Privacy
Intentional Infliction/ Emotional Distress
Trespassing
Conversion
Interference with Contractual Relations
Fraud
Complete Case Analysis 2