CIVIL LAW & PROCEDURECHAPTER 5

• Lesson 5-1

Private Injuries v. Public Offenses

• Lesson 5-2

Intentional Torts, Negligence, & Strict Liability

• Lesson 5-3

Civil Procedure

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

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

ELEMENTS OF A TORTCertain 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

DUTY –

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 The DUTY Not to

1.Injure Another…(includes bodily injury, reputation, or invasion of privacy)

2.Interfere w/ the Property Rights of Others, (Trespass on land)

3Interfere w/ the Economic Rights of Others, (right to contract)

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.

INJURY –

•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.

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

5-2 GOALS

• Identify common intentional torts

•Recognize the elements of negligence

•Explain the basis for strict liability

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

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.)

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

COMMON INTENTIONAL TORTS

• 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

COMMON INTENTIONAL TORTSLESSON 6-2

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 NeglienceTo determine if a breach occurred - compare it to the

Reasonable-Person Standard

Causation and Injury in NegligenceThe Violation of Duty must be the PROXIMATE CAUSE of

Injury

DEFENSES to NegligenceCONTRIBUTORILY 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.

WHAT IS STRICT LIABILITYLiability 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.

5-3 GOALS

• State the legal remedies that are available to a tort victim

•Describe the procedure used to try a civil case

CIVIL PROCEDURELESSON 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

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