1. Chapter 61 Personal Injury Laws 6-1 6-1Offenses Against Individuals 6-2 6-2Intentional Torts, Negligence, and Strict Liability 6-3 6-3Civil Procedure CHAPTER 6 Chaser?

2. Chapter 62 Torts: Offenses against Individuals Distinguish a crime from a tort Discuss the elements of a tort Explain when a person is responsible for another’s tort LESSON 6-1

3. Chapter 63 HOW DO CRIMES AND TORTS DIFFER? A crime is an offense against society—a public wrong. civilA tort is a private or civil wrong—an offense against an individual and/or their property Punishment vs. Damages Elements of each are different *BY THE PREPONDERANCE OF THE EVIDENCE*

4. Chapter 64 4 ELEMENTS OF A TORT 1.Duty –Not to injure another (bodily injury, injury a reputation, or invade someone's privacy) 2.Breach of the duty –Must prove to collect damages –Question of fact

5. 4 ELEMENTS OF A TORT CONT…. 3.Injury recognized by law –If you act recklessly, but no injury, then usually not a tort 4.Causation – breach of duty caused the injury –Proximate Cause: 1.When the amount of causation is great enough to be recognized by law 2.Reasonably foreseeable that a breach of duty will result in a injury Chapter 65

6. 6 RESPONSIBILITY FOR THE TORTS OF ANOTHER All persons, including minors and insane people, are responsible for their conduct and liable (legally responsible) for their torts. Vicarious liability is when one person is liable for the torts of another. 1.Parents and children vandalism, damages negligently caused by a minor in a car Give minors “dangerous instrumentalities” Guns 2.Employer and employee Employer liable for employee’s actions “Within their scope of authority”

7. Chapter 67 Intentional Torts, Negligence, and Strict Liability Identify nine common intentional torts Define negligence and strict liability LESSON 6-2

8. Chapter 68 COMMON INTENTIONAL TORTS Assault Battery False imprisonment Defamation Invasion of privacy Trespass to land Conversion Interference with contractual relations Fraud The defendant intended either the injury or the act.

9. Chapter 69 ASSAULT/BATTERY 1. The tort of assault occurs when one person intentionally threatens physical or offending injury to another. 2. Intentional harmful or offensive touching of another is battery. hitting spitting pushing throw a pie in your face

10. Chapter 610 FALSE IMPRISONMENT 3. False imprisonment depriving a person of freedom of movement without the person’s consent and without privilege. Privilege is present if the police have probable cause.

11. Chapter 611 4. DEFAMATION When a false statement injures a person’s reputation. Legally defamatory: 1. False 2. Communicated to a third person 3. Bring the victim into disrepute, contempt, or ridicule by others. If defamation is spoken, it is slander. If the defamation is written or printed, it is libel.

12. Chapter 612 INVASION OF PRIVACY 5. Invasion of privacy the unlawful intrusion into one’s private life so as to cause outrage, mental suffering, or humiliation. Exceptions: Politicians, Actors, People in the news, police tapping telephone lines

13. Chapter 613 TRESPASS TO LAND 6. The tort of trespass to land is intentional entry onto the property of another without the owner’s consent. –Even if they are mistaken Trespass may also include dumping trash on the land or breaking the windows of a neighbor’s house.

14. Chapter 614 CONVERSION 7. Conversion (steal property and sell it) occurs if: 1.The property is stolen or destroyed 2.A thief is always a converter 3.Conversion occurs even when the converter (pawn shop owner) does not know that there is a conversion.

15. Chapter 615 INTERFERENCE WITH CONTRACTUAL RELATIONS 8. Occurs when a third party encourages a breach of contract.

16. Chapter 616 FRAUD 9. Fraud occurs when there is an intentional misrepresentation of an existing, important fact. The misrepresentation must be – relied on – cause financial injury Opinions DO NOT count.

17. Chapter 617 WHAT IS NEGLIGENCE? Negligence is the most common tort. Intent is NOT required, only carelessness. 1. Duty – “Reasonable Person Standard” 2. Breach of duty 3. Causation and injury

18. Chapter 618 Defenses to Negligence Contributory Negligence Comparative Negligence Assumption of Risk

19. Chapter 619 WHAT IS STRICT LIABILITY? A defendant is not negligent but is liable Makes the defendant liable if he/she is involved in activities that cause injury –Dangerous Activities (crop dusting, target practice, flammable liquids) –Dangerous Animals –Sale of goods that are unreasonably dangerous

20. Chapter 620 Civil Procedure Discuss what damages are available to victims of torts Explain the various stages of a civil suit LESSON 6-3

21. Chapter 621 WHAT CAN A TORT VICTIM COLLECT? An injunction may be issued to prevent a tort. 1.The usual remedy for a tort is damages (money) to make the person financially whole. Actual or Compensatory 2.Punitive Damages – additional money to punish the offender.

22. Chapter 622 HOW IS A CIVIL CASE TRIED? Judges always decide issues of law and may decide issues of fact. Juries (People) decide issues of fact.

23. Chapter 623 KEY TERMS USED IN A CIVIL CASE Evidence Testimony Witness Subpoena – (Written order for a witness to appear in court – failure to appear is contempt of court) Verdict – Jury’s Decision Judgment – Judge’s Decision Valentine’s Sweep

24. Chapter 624 HOW IS A JUDGMENT SATISFIED? The defendant will pay the damages (money) determined by the judge. writ of executionIf the defendant does not pay then: A writ of execution is obtained to: Seize and sell and take property, cars, savings account, etc…