1 Business Law Civil Law & Procedure Chapter Five.
-
Upload
lee-rudolph-simpson -
Category
Documents
-
view
231 -
download
5
Transcript of 1 Business Law Civil Law & Procedure Chapter Five.
![Page 1: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/1.jpg)
1
Business Law
Civil Law & ProcedureChapter Five
![Page 2: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/2.jpg)
2
Hot Debate
• What corrective action should Chanelle take within the school structure?
• Regardless of whether or not she tries to resolve the problem within the school’s structure, has Chanelle received a personal injury for which she could bring suit in court?
![Page 3: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/3.jpg)
3
Private Injuries vs. Public Offenses
Section 5-1
• Goals– Distinguish between a crime and a tort– Identify the elements of torts– Explain why one person may be responsible
for another person’s tort.
![Page 4: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/4.jpg)
4
What’s Your Verdict?Page 81
• Does Jerone’s conduct represent a criminal wrong, a civil wrong, or both?
• Jerone committed two crimes– 18 counts of manslaughter – Failure to disclose medication use and blood pressure
status at time of application
• Jerone also committed a tort– Negligent conduct in piloting the ferry boat.
![Page 5: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/5.jpg)
5
How do Crimes and Torts Differ?
• Crime – Against Society
• Tort: private or civil wrong for which the law grants a remedy
• Sue for Damages:– Damages monetary award to compensate for
the loss caused by a tort– Money awarded is meant to try and restrain
injured party from retaliation/revenge
![Page 6: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/6.jpg)
6
What’s Your Verdict?Page 82
• Did Mason commit a tort?
• Mason Committed a tort because:– He owed a duty to the neighbors not to injure their
property– he breached the duty when he left the fire unattended –
spreading to neighbors property– Injury occurred when the neighbor’s house was burned– Leaving the fire unattended was proximate cause of the
loss of the fence.
![Page 7: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/7.jpg)
7
Elements of a TortPage 82-83
Element must be proven in Court:
1. Duty (legal obligation to do/not do something)
2. Breach (violation of duty)
3. Injury (a harm that is recognized by law)
4. Causation (proof that breach caused injury)
![Page 8: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/8.jpg)
8
Violation of Duty / Causation
• Negligence most common tort based on carelessness
• Causation : breach of duty caused the injuryProximate Cause – amt of causation is great enough for it to be recognized by law
![Page 9: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/9.jpg)
9
Vicarious Liability
• When one person is liable for the torts of another.
• Parents may be liable if they give their children “dangerous instrumentalities” such as a gun without proper instruction.
•
• Parents may be liable for their children’s continuing dangerous habits. Ex. Throwing stones at people or vehicles, Parents liable if they fail to stop them.
![Page 10: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/10.jpg)
10
Checkpoint Questions???
• What is the difference between a crime and a tort?
• What are the four elements of a tort?
• What parties might be held responsible for another person’s tort?
![Page 11: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/11.jpg)
11
Intentional Torts, Negligence, and Strict Liability
Section 5-2
• Goals– Identify common intentional torts.– Recognize the elements of negligence. – Explain the basis for strict Liability.
![Page 12: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/12.jpg)
12
What’s Your Verdict?Page 85
• Had Hart committed an intentional tort???
• Guilty of Trespass, even though he thought he was in a national forest. He intended to be there.
![Page 13: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/13.jpg)
13
What Are the Most Common Intentional Torts?
• Intentional tort: tort in which the defendant means to commit the injurious act
• Assault
• Battery
• False Imprisonment
• Defamation
• Invasion of Privacy
• Trespass to Land
• Conversion
• Fraud
• Interference with Contractual Relations
![Page 14: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/14.jpg)
14
Assault
• One person intentionally puts another in reasonable fear of an offensive or harmful bodily contact.
– Can be based on words or gestures
– Must display present ability to carry out threat
– Must be believable
![Page 15: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/15.jpg)
15
Battery
• Harmful or offensive touching of someone.
• Examples include:– Shooting, Pushing, Spitting, Throwing an Object
• Usually occurs after an assault.Assault ~~~ Angrily Raised Fist
Battery ~~~ Striking someone in the face(sucker punched from behind = no assault)
![Page 16: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/16.jpg)
16
False Imprisonment
• Intentional confinement of a person against the person’s will and without lawful privilege.
• Examples: locked in a room, car, jail, told in a threatening way to stay in one place
• Police and Merchant Examples
![Page 17: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/17.jpg)
17
Defamation
• False statement which injuries a person’s reputation or good name.
• Slander – Spoken Defamation• Libel – Written or Printed Defamation
• Legal Defamation must:– Be false
– Be communicated to a third party
– Bring victims into disrepute, contempt, or ridicule of others (disgrace, disrespect, or mockery of others)
![Page 18: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/18.jpg)
18
Invasion of Privacy
• Uninvited intrusion into an individual’spersonal relationships and activities in a way likely to cause shame or mental suffering of an ordinary person.
• Examples: two way mirror, exploiting personal info w/o permission, eavesdropping, opening mail…
• Publication of a true statement. Not Defamation.• Police can invade with proper, legal Warrant• Public figures give up their “Right to Privacy”
![Page 19: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/19.jpg)
19
Trespass (Trespass to Land)
• Entry onto the property of another without the owner’s consent.
• Dumping on property or destroying property
• Intent required therefore:– Pushed/thrown onto property – is is notnot trespassing trespassing
– Walking along property because they mistakenly think they are on their own land - is trespassingis trespassing
![Page 20: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/20.jpg)
20
Conversion
• Property is stolen, destroyed or used in a manner inconsistent with the owner’s right.
• A theft is always a converter.
• Innocent buyer of stolen goods is a converter.
• Owner (injured party) can receive damages.
• Converter can be compelled to purchase the converted goods from their owner.
![Page 21: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/21.jpg)
21
Interference with Contractual Relations
• If a third party encourages someone to breach their contract in any way, that third party may be liable in tort to the non-breaching party.
• Party A in contract with Party B• Party C encourages B to breach that contract• Party C may be liable to tort damages to Party A
![Page 22: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/22.jpg)
22
Fraud
• Intentional or reckless misrepresentation of an existing, important fact
• Exists when misrepresentation intends to induce someone to enter into a contract.
• Victim must actually enter into the contract.
• Statements of opinion are not fraudulent.
![Page 23: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/23.jpg)
23
What’s Your Verdict?Page 89
• Who will have to pay damages for the injuries and property damage sustained in the accident?
• To Be Determined After some notes and discussion…
![Page 24: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/24.jpg)
24
What Constitutes Negligence?
• Negligence is the MOST COMMON tort.
• Intent to injure is NOT REQUIRED.
• Careless behavior is enough.
• Four Elements of Negligence:
![Page 25: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/25.jpg)
25
Four Elements of Negligence
1. Duty – Reasonable Person Standards• Act with care, prudence (caution) & good
judgment so not to cause injury to anyone.• Different degrees of care – Children, Adult
2. Breach of Duty• The “reasonable person” standard defines
they duty of care in any specific case and whether they violated this duty.
![Page 26: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/26.jpg)
26
Four Elements of Negligence
3. Injury • Proof of injury must be presented• If no one is injured, there usually is no tort.
4. Causation• Breach of duty caused the injury• Proximate Cause: exists when it is reasonably
foreseeable that a breach of duty will result in injury.
![Page 27: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/27.jpg)
27
What’s Your Verdict? Second Look
• Who will have to pay damages for the injuries and property damage sustained in the accident?
• Causation – Brit was speeding & impaired• Contributory Negligence – Yee did not look
• Comparatively Negligence – Partially at fault (%)
![Page 28: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/28.jpg)
28
Defenses of Negligence
• Contributory Negligence – plaintiff was also negligent in the situation
– therefore they cannot collect damages
• Comparative Negligence – applies when a plaintiff is partially at fault.
– Awarded damages in proportion to their percent of responsibility in the accident
![Page 29: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/29.jpg)
29
Defenses of Negligence
• Assumption of the Risk – if plaintiff was aware of a danger, but decided to subject themselves to the risk.
– Construction Site • Shortcut across a lot where there is construction• Perimeter clearly marked with signs
“Danger, No Trespassing. Construction Area”
![Page 30: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/30.jpg)
30
What’s Your Verdict?Page 91
• Can she collect in tort from the grocery store or the bottler?
• Mrs. Lamm could collect from either the store, the bottler or both under strict liability.
• Bottle Defective = unreasonably dangerous
![Page 31: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/31.jpg)
31
Why is Strict Liability Necessary?
• Strict liability: holding a defendant liable without a showing of negligence
• Under the “Doctrine of Strict Liability”– a defendant can be held liable if he/she
merely engaged in a particular activity that resulted in injury regardless of whether or not he/she was negligent.
![Page 32: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/32.jpg)
32
Why is Strict Liability Necessary?
• Proof of both the activity and the injury substitutessubstitutes for proof of violation of a duty.
• S.L. - applies when someone has engaged in abnormally dangerous activities:– Target Practice– Blasting / Demolition / Explosion – Crop Dusting with Dangerous Chemicals– Storing Large Quantities of Flammable Liquids
![Page 33: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/33.jpg)
33
Why is Strict Liability Necessary?
• Ownership of Dangerous Animals– Domesticated pets that display dangerous behaviors– Wild or Dangerous Animals (bear, tiger, monkey)
• Sales of Unreasonably Dangerous Goods– Defective goods that cause injury– Any merchant that sells them are strictly liable.
(Manufacturer and Retailers that sell the goods)
![Page 34: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/34.jpg)
34
What’s Your Verdict?
Second Look
• Can she collect in tort from the grocery store or the bottler?
• Do you think this is fair?Why or why not?
![Page 35: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/35.jpg)
35
Checkpoint Questions???
• Name at least six of the most common intentional torts.
• Name the four elements of the tort of negligence.
• What is strict liability?
![Page 36: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/36.jpg)
36
Civil Procedures
Section 5-3
• Goals– State the legal remedies that are available to a
tort victim.– Describe the procedure used to try a civil case
![Page 37: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/37.jpg)
37
What’s Your Verdict?
• What kind of damages could Horsley collect from Eardly in a lawsuit?
![Page 38: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/38.jpg)
38
Civil Procedure – Remedies
Two Types of Remedies
1. Injunction - court order for a person to do or not do a particular act
• Prevent injury, discontinue it, or undo it.
2. Damages monetary award by the court to a person who has suffered loss or injury because of the act or omission of another
![Page 39: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/39.jpg)
39
Civil Procedure – Remedies
Damages1. Compensatory damages (actual)
• Meant to place injured party in the position they were in prior to the injury/loss.
• Wage’s Loss, Doctor’s Fees, $ for Pain/Suffering
2. Punitive Damages (exemplary) • Only awarded in intentional tort cases.• Meant to punish the person who inflicted the injury
![Page 40: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/40.jpg)
40
What About The Lawyer?
Contingency Fee Basis
• Lawyers at times handle civil lawsuits for a percent of the recovery.
• Common percentages • 25% if the case is settled before trial• 33% if the case is won at trial• 40% + if the case is won at appeal
![Page 41: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/41.jpg)
41
What’s Your Verdict?
• How can the court determine what really happened?
![Page 42: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/42.jpg)
42
Civil ProceduresSet Sequence
1. Judge or Jury
2. Opening Statements and Testimony
3. Closing Arguments and Instructions to the Jury
4. Jury Deliberation and the Verdict
![Page 43: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/43.jpg)
43
Civil ProceduresJudge or Jury
• Judge – decides issues of LAW
• Jury – decides issues of FACT
• Civil Juries– Usually consists of 6-12 citizens
– Listen to witnesses
– Review physical evidence
– Reach a decision
![Page 44: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/44.jpg)
44
Civil ProceduresOpening Statements & Testimony
• Opening Statements – briefly outline what the plaintiff and defendant will try to prove
• Evidence – includes anything that the judge allows to be presented to the jury that helps prove/disprove the alleged facts (testimony, documents, photos)
• Testimony – statements made by a witness under oath.
• Witness – someone who has personal knowledge of facts.
• Subpoena – written order by the judge commanding a person to appear, give testimony.
![Page 45: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/45.jpg)
45
Civil ProceduresClosing Arguments/Jury Instruction
• After the presentation of the evidence each attorney gives a closing argument
• Summarize case, persuade the judge and jury to favor their side.
• Judge then gives instructions to the jury including laws that apply to case and facts they must make a decide on.
![Page 46: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/46.jpg)
46
Civil ProceduresJury Deliberation & Verdict
• Jury Deliberation – Determine whether preponderance (superior
weight) of evidence supports the plaintiff’s case
• Verdict – Jury’s Decision
• Judge renders a Judgment: final result of trial
![Page 47: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/47.jpg)
47
What’s Your Verdict?
• What steps could Stevens take to collect the judgment?
![Page 48: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/48.jpg)
48
How do I get my Money???Collecting Damages
• If it is a Civil Judgment for Plaintiff:
– The defendant would pay the damages
– If they don’t pay Obtain a “writ of execution” • Court order that the defendant’s property is seize or
sold. Proceeds are then used to pay the judgment.
![Page 49: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/49.jpg)
49
Checkpoint Questions???
• Name the two remedies available in a civil court.
• List the steps in the procedure used to try a civil case.
• How does a plaintiff collect damages if the defendant refuses to pay?
![Page 50: 1 Business Law Civil Law & Procedure Chapter Five.](https://reader035.fdocuments.net/reader035/viewer/2022062314/56649e8a5503460f94b8fc51/html5/thumbnails/50.jpg)
50
Analyze Real CasesAnalyze Real Cases
• Reader – Reads case to group & class
• Facts – Summarizes main points
• Prosecutor – Provide proof of guilt
• Defense – Defends the client
• Judge – Determines the outcome of case