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

2. 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

3. 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

4. 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

5. 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)

6. 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.

7. 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.

8. 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

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

10. 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

11. 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.)

12. 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

13. 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

14. 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

15. 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.

16. 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.

17. 5-3 Goals State the legal remedies that are available to a tort victim
Describe the procedure used to try
a civil case

18. 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

19. 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