5
CHAPTER
Civil Law and Procedure
5-1 Private Injuries vs. Public
Offenses
5-2 Intentional Torts, Negligence,
and Strict Liability
5-3 Civil Procedure
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5-1 Private Injuries vs.
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
Chapter 5
Slide 2
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FOCUS
 What is a tort?
 What is the difference between crimes
and torts?
Chapter 5
Slide 3
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HOW DO CRIMES AND
TORTS DIFFER?
 Offense against society
 Offense against individual damages
Chapter 5
Slide 4
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What is the difference between a
crime and a tort?
Chapter 5
Slide 5
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ELEMENTS OF A TORT
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Duty
Violation of the duty
Injury
Causation
Chapter 5
Slide 6
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Name the four elements of a tort.
Chapter 5
Slide 7
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RESPONSIBILITY FOR
ANOTHER’S TORTS
 Vicarious liability
Chapter 5
Slide 8
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What parties might be held
responsible for another person’s
tort?
Chapter 5
Slide 9
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5-2 Intentional Torts, Negligence,
and Strict Liability
GOALS
 Identify common intentional torts
 Recognize the elements of negligence
 Explain the basis for strict liability
Chapter 5
Slide 10
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FOCUS
 What things are unique about the
intentional torts?
Chapter 5
Slide 11
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WHAT ARE THE MOST COMMON
INTENTIONAL TORTS?
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Assault
Battery
False imprisonment
Defamation
Invasion of privacy
Trespass to land
Conversion
Interference with contractual relations
Fraud
Chapter 5
Slide 12
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Name at least six of the nine most
common intentional torts.
Chapter 5
Slide 13
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WHAT CONSTITUTES
NEGLIGENCE?
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Duty imposed by negligence
Breach of duty
Causation and injury
Defenses to negligence
Chapter 5
Slide 14
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Name the four elements that must
be proven for an act to be
negligent.
Chapter 5
Slide 15
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WHY IS STRICT LIABILITY
NECESSARY?
 Engaging in abnormally dangerous
activities
 Owning dangerous animals
 Selling unreasonably dangerous goods
Chapter 5
Slide 16
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What is strict liability and why is it
necessary?
Chapter 5
Slide 17
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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
 Explain how civil damages are
collected
Chapter 5
Slide 18
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FOCUS
 What remedies are available in a civil
suit?
Chapter 5
Slide 19
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REMEDIES AVAILABLE
IN A CIVIL SUIT
 Injunction
 Damages
Chapter 5
Slide 20
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Name the two remedies available
in a civil suit.
Chapter 5
Slide 21
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WHAT PROCEDURE IS USED
TO TRY A CIVIL CASE?
 Judge or jury
 Opening statements and testimony
 Closing arguments and instructions to
the jury
 Jury deliberation and the verdict
Chapter 5
Slide 22
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List the steps in the procedure
used to try a civil case.
Chapter 5
Slide 23
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HOW ARE CIVIL DAMAGES
COLLECTED?
 Defendant is ordered to pay
 Writ of execution
Chapter 5
Slide 24
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How does a plaintiff collect
damages if the defendant refuses
to pay?
Chapter 5
Slide 25
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