Chapter 5: Civil law & Procedure Law in Society 2013-2014.

Chapter 5:Civil law & ProcedureLaw in Society 2013-2014

How Do Crimes & Torts Differ?

Tort- against an individualDamages (monetary award)

Crime- against a society

Section 5-1: Private Injuries vs. Public

Offenses

Elements of a Tort

Duty- obligation to do or not to do something.

Breach- violation of the duty

Injury- harm recognized by the law.

Causation- proof that the breach caused injury.

Duties

Not to injure another.

Not to interfere w/ property rights.

Not to interfere w/ economic rights of others.

Breach

Intentional Torts- defendant intended to inflict harm by his or her action.

Negligence- harm due to the neglect or carelessness of the defendant.

Liability- imposed simply b/c a person acted in a certain way and caused injury.

Injury

Must be proved it was caused by the breach.

Causation

Showing the breach caused the injury.

Proximate Cause- amount of causation is great enough for it to be recognized by the law.

What’s Your Verdict? pg. 81 & 82

Responsibility for Another’s Torts

ALL persons, including minors, are personally responsible for their conduct and are therefore liable for their torts.

What’s Your Verdict? pg.

Section 5-2: Intentional Torts, Negligence, and

Strict Liability

What Are the Most Common Intentional

Torts?Intentional Torts- possessed the intent or purpose to inflict the resultant injury.

Assault- one person intentionally puts another in reasonable fear of an offensive or harmful bodily conflict. (based on words or gestures)

Battery- harmful or offensive touching of another. (spitting on, pushing, shooting)


Torts?Angrily raising a clenched fist and then striking someone in the face.

Assault- raised fist

Battery- blow to the face

When you act in self-defense, you have not committed a battery.

What’s Your Verdict pg. 85


Torts?False Imprisonment- intentional confinement of a person against the person’s will and without lawful privilege.

Defamation- false statement injures a person’s reputation or good name.

Be false

Communicated to a third person

Bring the victim into disrepute, contempt, or ridiculed by others.

Homework Assignment

Tonight, go home and find an article about a celebrity that you would consider defamation. Be sure it is appropriate.


Torts?Invasion of Privacy- uninvited intrusion into an individuals'’ personal relationships and activities in a way likely to cause shame or mental suffering in an ordinary person.

Read pg. 87 (Teacher Book)


Torts?Trespass to Land- entry onto the property of another without the owner’s consent.

Dumping rubbish, breaking windows)

Conversion of Land- stolen property is destroyed or used in a manner inconsistent with the owner’s rights.

Converter- innocent buyer of stolen goods.


Torts?Interference w/ Contractional Relations

Parties who breach a contract to which they are a part of must pay damages under contract law for the injury suffered by the other property.

Fraud- intentional or recklessly made misrepresentation of an existing important fact.

What Constitutes Negligence?

Duty imposed by negligence law is defined by reasonable-person standard.

Requires that you act with care, prudence, and good judgment of a reasonable person so as not to cause injury to others.

In court, the trier of fact (typically a jury) is aksed how the reasonable person would have behaved under the circumstances.


If a buddy improperly installs brakes in your car and they fail causing you to be involved in an accident, is this negligence?

In most states, even if the buddy is a layperson, it would be negligence.

What if the buddy is a professional installer?The buddy would be held to a higher standard of care and will certainly be found to be negligence)

What’s Your Verdict? pg. 89


Breach of DutyThe “reasonable-person” standard defines the duty of due care in any specific case.

A defendant’s actual conduct is then compared with the specific duty to determine whether a violation of it has occurred.

Causation and InjuryThe violation of the duty must be the proximate cause of the injury.


Defenses to NegligenceA plaintiff cannot recover for loss caused by another’s negligence if the plaintiff was negligent. (contributory negligence)

Comparative Negligence- applies when a plaintiff in a negligence action is partially at fault.

Assumption of the Risk- if plaintiffs are aware of a danger, but decide to subject themselves to the risk, that is a defense.

Why Is Strict Liability Necessary?

Strict Liability- a defendant can be held liable if he or she merely engaged in a particular activity that resulted in injury, regardless of whether or not he or she was negligent.

Proof of both the activity and the injury substitutes for proof of a violation of a duty.

Only applied when someone has engaged in abnormally dangerous activities, such as target practice, blasting, crop dusting with dangerous chemicals, or storing flammable liquids in large quantities.

Section 5-3: Civil Procedure

Remedies Available in a Civil Suit

Two types of remedies are generally available in a civil lawsuit for a tort, breach of contract, or other private injury.

Injunction

Damages


Injunction- a court order for a person to do or not to do a particular act.

May be issued to prevent a private injury, to stop it from continuing, or to undo it.

Damages-monetary award by the court to a person who has suffered loss or injury because of the act or omission of another.

Compensatory Damages- meant to place the injured party in the position he or she was in prior to the injury or loss.

Punitive Damages- a type of damages generally only award in intentional tort cases.

What Procedures Is Used to Try a Civil Case

Jury- selected and decide the verdict in a case.

Judge- always decides on the issues of law.

Plaintiff- the party that initiates the lawsuit by filing a complaint.

Defendant- the party complained against in a criminal or civil proceeding.

Civil juries are made up of 6 to 12 citizens who listen to witnesses, review physical evidence, and reach their decision.

Opening Statement & Testimony

Attorneys make opening statements. (briefly outlines what the plaintiff and defendant will try to prove)

Evidence is presented. (includes anything that the judge allows to be presented to the jury that helps to prove or disapprove of the alleged facts.)

Testimony- consists of statements made by witnesses under oath.

Witness- someone who has personal knowledge of the facts.

Expert Witness- professional opinion.

Subpoena- written order by the judge commanding a person to appear, give testimony, and present other evidence.

Closing Arguments & Instructions to the Jury

Each attorney gives a closing argument.Summarizes the case, trying to persuade the judge or jury to favor his or her side.

Judge gives instructions to the jury such as the rules of law that apply to the case and what issues of fact they must decide.

Jury Deliberation and the Verdict

The jury retires to the jury room for deliberation in secret to decide the case.

Each juror must determine whether a preponderance of the evidence supports the plaintiff's case.

In a civil action, a unanimous vote of the jurors is not required. 10 out of 12.

Verdict- the jury’s decision.

Judgment- the final result of the trial.


How are Civil Damages Collected?

The defendant will pay the judgment.

If the defendant does not pay, the plaintiff may obtain a writ of execution. (process by which judgment for money is enforced)

The court directs that the defendants’ property be seized or sold.


Chapter 5: Civil law & Procedure Law in Society 2013-2014.

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Transcript of Chapter 5: Civil law & Procedure Law in Society 2013-2014.