CIVIL LAW - Torts and Other Fun Stuff

Intro to Law

Mr. Meyer

BASIC LAW TERMS

Some of the terms you may need to be familiar with throughout the term…

CRIMINAL LAWA category or body of law that:• Labels, defines, and denounces certain anti-

social, harmful conduct as crime.• Prohibits people from behaving in certain

ways• Punishes those who commit criminal acts

IT IS ALWAYS STATUTORY (Written Law) and then interpreted through PRECEDENT.

CRIMINAL LAW

Criminal acts are recognized as crimes against society or crimes against the state - the victim is simply the victim.

CIVIL LAW

Category or body of law that is not criminal pertaining to PRIVATE rights and wrongdoings.

• Sometimes STATUTORY,but more often is CASE LAW built on PRECEDENTS in prior cases

CIVIL LAWIncludes:• Contracts• Property Ownership• Commercial Rights (Copyrights, etc)• Wills and Estates (Probate)• Family Law (marriage, divorce, adoption,

relinquishment, alimony, etc)• TORTS

PERSON

According to the law, a person can be:

• An individual• A Group • A Business Entity

DefendantThe person charged with committing a

crime in a criminal caseThe person being sued in a civil case

ProsecutorPublic Official who represents the state in

criminal cases. • Decides on charges• Presents the evidence to prove guilt• Bears the Burden of Proof• Called district attorney, DA, county or city

attorney in Colorado• Is looking for a VERDICT

Defense Attorney

When you can afford it…

Represents the defendant in criminal or civil trials.

Paid by the defendant.

NOT A DA!

Public DefenderWhen a defendant is without funds or chooses

to use the resource…Paid by the state (your taxes)In Colorado• A well funded defense• Often a defense attorney simply hired by the

state• Usually overworked - but great experience

Plaintiff

The person who starts a civil suit by filing a complaint (for a lawsuit, for a divorce, etc)

Sees themselves as the injured party

Bears the burden of proof

Is looking for a JUDGEMENT

TORTS

Where one has done a harmful act to another’s PERSON, PROPERTY, or REPUTATION for which they seek a legal remedy ($ or INJUNCTION)

TORTSCan be injured• PHYSICALLY• ECONOMICALLY• EMOTIONALLYDamage can occur by or to:• Individuals• Groups (Class Action)• Companies• Government

TORTSMost do not go to trial - SETTLEMENTS

Many torts also involve criminal laws and separate trials are necessary (NOT DOUBLE JEOPARDY)

Types of Torts Intentional wrongs Negligence - no intent, but a failure to

use reasonable careStrict Liability - even if utmost care is

used, activity is so dangerous that serious risk is involved

Types of DamagesCompensatoryNominalPunitive

Remember, not all defendants have the money that is awarded to the plaintiffs!