CHAPTER 5
Civil Law and
Procedure
5-1
5-2
5-3
Private Injuries v. Public Offenses
Intentional Torts, Negligence, and
Strict Liability
Civil Procedure
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
5-1
Private Injuries v. Public
Offenses
 GOALS
 Distinguish a crime from a tort
 Identify the elements of torts
 Explain why one person may be responsible for
another’s tort
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 2
HOW DO CRIMES AND TORTS
DIFFER?
 A Crime is an Offense against society
 A Tort is an Offense against individual
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 3
ELEMENTS OF A TORT
 Duty
 Not to injure another
 Not to interfere with the property rights of others
 Not to interfere with the economic rights of others
 Violation of the duty
 Must be proved before collection of damages
 Injury
 Must be proved – no injury – no tort
 Causation
 Breach caused the injury
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 4
RESPONSIBILITY FOR
ANOTHER’S TORTS
 Vicarious liability
 One party is held liable for the torts of another
 Employers and employees
 Principals and agents
 Parents and children
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 5
5-2
Intentional Torts, Negligence,
and Strict Liability
 GOALS
 Identify common intentional torts
 Recognize the elements of negligence
 Explain the basis for strict liability
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 6
WHAT ARE THE MOST COMMON
INTENTIONAL TORTS?






Assault
Battery
False imprisonment
Defamation
Invasion of privacy
Intentional infliction of
emotional distress
 Trespass to land
 Conversion
 Interference with
contractual relations
 Fraud
Understanding Intentional
Torts
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 7
WHAT CONSTITUTES NEGLIGENCE?
 Negligence is the most common tort.
 Duty imposed by negligence
 Reasonable person standard
 Breach of duty
 Breached the reasonable person standard
 Causation and injury
 The violation of duty is the cause
 Defenses to negligence
 Can’t recover if both are negligent
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 8
WHY IS STRICT LIABILITY
NECESSARY?
 Engaging in abnormally dangerous activities
 Target practice, blasting, crop dusting
 Owning dangerous animals
 Bears, tigers, snakes, elephants, monkeys
 Selling unreasonably dangerous goods
 Defective goods
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 9
5-3
Civil Procedure
 GOALS
 State the legal remedies that are available to a
tort victim
 Describe the procedure used to try a civil case
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 10
REMEDIES AVAILABLE IN A CIVIL
SUIT
 Injunction
 Court order
 Damages
 Monetary award
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 11
PROCEDURE FOR A CIVIL CASE




Initiation of the case
Judge or jury
Opening statements and testimony
Closing arguments and instructions to the
jury
 Jury deliberation and the verdict
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 12
HOW ARE CIVIL DAMAGES
COLLECTED?
 Defendant is ordered to pay
 Writ of execution
 Used when defendant does not pay
 Judgment for money
 Seize/sell property of defendant
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 13
PREVENT
LEGAL
DIFFICULTIES
 Avoid legal liability for torts by consistently
respecting the rights of others and their
property.
 If you commit a tort or are the victim of a tort
that may lead to a lawsuit, consult a lawyer
promptly. Critical evidence may be lost if you
delay.
Continued on the next slide
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 14
PREVENT
LEGAL
DIFFICULTIES
 Choose your attorney carefully for a tort
case.
 Be sure that the legal issues are in the attorney’s
area(s) of specialty.
 Check the attorney’s list of clients and past legal
victories.
 If employed on a contingency fee basis, make
sure the attorney has the resources to handle the
case.
Continued on the next slide
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 15
PREVENT
LEGAL
DIFFICULTIES
 Investigate the negligence laws in your state.
 In some states, your own negligence, however
slight, may bar any recovery under the doctrine of
contributory negligence.
 In states that use the alternate doctrine of
comparative negligence, even though you are
somewhat negligent, you may recover.
Continued on the next slide
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 16
PREVENT
LEGAL
DIFFICULTIES
 If you injure a third party while on the job, both you
and your employer may be liable.
 The automobile is the principal source of tort liability
for most persons, young and old. Drive carefully.
 If you are injured as the result of a tort, do not be
rushed by insurance adjusters or others into signing
a statement releasing the other party from liability.
Let your lawyer decide if the settlement offer is fair.
Continued on the next slide
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 17
PREVENT
LEGAL
DIFFICULTIES
 Realize that just obtaining a judgment against a
defendant in a tort may not end the legal ordeal. The
judgment may not be voluntarily paid and execution
will have to be carried out.
 A judgment, once obtained, may be executed in
other states and over a considerable period of time.
The fact that a defendant is without resources today
does not mean he or she will remain so forever.
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 18