Name ______________________________________Date __________Class _______________
LESSON 5-1 PRIVATE INJURIES VS. PUBLIC OFFENSES
Lesson 5-1 Outline
I.
II.
How Do Crimes and Torts Differ?
Elements of a Tort
A. Duty
B. Violation of the Duty
C. Injury
D. Causation
III.
Responsibility for Another’s Torts
Lesson 5-1 Review
Vocabulary Review
Define each of the following vocabulary terms.
1. tort
A private or civil wrong.
2. damages
3. negligence
of a duty.
A monetary award to the injured party to compensate for loss.
The tort in which only carelessness and not intent is required in the breaching
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Lesson 5-1 Review (continued)
Concept Review
4.
What does the “reasonable-person standard” for negligence mean?
The “reasonable-person standard” means that a person must act with the care, prudence,
and good judgment of a reasonable person so as not to cause injury to others. Acting
carelessly or recklessly will be considered a tort if injury to another is caused.
5.
By law, what duties do you have with respect to the rights of others?
By law each person has certain duties related to respecting the rights of others. Those duties
are: (1) the duty not to injure another, (2) the duty not to interfere with the property rights of
others, and (3) the duty not to interfere with the economic rights of others.
Goals Review
6.
Explain the difference between a crime and a tort.
A crime is an offense against security; a public wrong. A tort is a private or civil wrong; an
offense against an individual.
7.
What are the elements of torts?
The elements of torts are: (1) duty, (2) violation of duty, (3) injury, and (4) causation.
8.
Explain why one person may be responsible for another’s tort.
When one person is responsible for another person’s tort the liability is called vicarious
liability. Parents may be liable if they give their children “dangerous instrumentalities,”
such as guns, without proper instruction. A parent also may be held liable for their
children’s continuing dangerous habits. If a child continues to throw rocks at trains and
vehicles, the parents may be liable if they fail to stop the child’s behavior.
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Name ______________________________________Date __________Class _______________
LESSON 5-2 INTENTIONAL TORTS, NEGLIGENCE, AND STRICT LIABILITY
Lesson 5-2 Outline
I.
What Are the Most Common Intentional Torts?
A. Assault
B. Battery
C. False Imprisonment
D. Defamation
E. Invasion of Privacy
F. Trespass to Land
G. Conversion
H. Interference with Contractual Relations
I. Fraud
II.
What Constitutes Negligence?
A. Duty Imposed by Negligence
B. Breach of Duty
C. Causation and Injury
D. Defenses to Negligence
III.
Why is Strict Liability Necessary?
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Lesson 5-2 Review
Vocabulary Review
Define each of the following vocabulary terms.
1. assault The tort that occurs when one person intentionally threatens to physically or
offensively injure another.
2. battery The tort that occurs when one person intentionally touches another in a harmful or
offensive way.
3. false imprisonment The tort that occurs when one person deprives another person of
freedom of movement without the person’s consent and without privilege.
4. defamation The tort that occurs when one person makes a false statement that injures the
reputation of another.
5. invasion of privacy The tort that occurs when one person intrudes into another’s private life
in an unwelcome and unlawful manner so as to cause outrage, mental suffering, or
humiliation.
6. trespass to land The tort that occurs when one person enters onto the property of another
without the owner’s consent.
7. conversion The tort that occurs when one person steals, destroys, or uses the property of
another in a manner inconsistent with the owner’s rights.
8. fraud The tort that occurs when one person intentionally misrepresents an existing
important fact thereby causing financial injury.
9. strict liability
Liability that exists even though the defendant was not negligent.
Concept Review
10. What is the difference between assault and battery?
Assault occurs when one person intentionally puts another in reasonable fear of an
offensive or harmful bodily contact. The threat can be made with words or gestures. Battery
occurs when there is an intentional breach of the duty to refrain from harmful or offensive
touching of another person. An assault often precedes a battery.
11. What are some examples of invasion of privacy?
Invasion of privacy occurs when a person who has a reasonable expectation of privacy has
that privacy violated. Examples of invasion of privacy would be someone hiding a camera in
a public bathroom, eavesdropping on private conversations, opening letters, and other
communications, or repeating private conversations that another person had a reasonable
expectation of remaining private.
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Copyright © Thomson/South-Western Publishing
Lesson 5-2 Review (continued)
12. What is the duty imposed by negligence?
The general duty imposed by negligence law is the reasonable-person standard. This duty
requires a person to act with the care, prudence, and good judgment of a reasonable person
so as not to cause injury to others.
Goals Review
13. What are the common intentional torts?
The common intentional torts are (1) assault, (2) battery, (3) false imprisonment,
(4) defamation, (5) invasion of privacy, (6) trespass to land, (7) conversion (8) interference
with contractual relations, and (9) fraud.
14. What are the elements of negligence?
Negligence is the most common tort. Intent to injure is not required for negligence to occur.
Negligence is determined through the recognition of a duty, breach of that duty, causation,
and injury.
15. What is the basis for strict liability?
The law can hold a person liable in tort on the basis of absolute liability. This liability exists
even though the defendant was not negligent. Examples of strict liability would be engaging
in abnormally dangerous activities, ownership of dangerous animals, and the sale of goods
that are unreasonably dangerous.
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Name ______________________________________ Date __________ Class _______________
LESSON 5-3 CIVIL PROCEDURE
Lesson 5-3 Outline
I. Remedies Available in a Civil Suit
II. What Procedure is Used to Try a Civil Case?
A.
Judge or Jury
B.
Opening Statements and Testimony
C.
Closing Arguments and Instructions to the Jury
D.
Jury Deliberation and the Verdict
III. How Are Civil Damages Collected?
Lesson 5-3 Review
Vocabulary Review
Define each of the following vocabulary terms.
1. injunction
2. damages
A court order for a person to do or not do a specific act.
A monetary award to the injured party to compensate for loss.
3. evidence Anything that the judge allows to be presented to the jury that helps to prove or
disprove the alleged facts.
4. testimony
5. witness
Statements made by witnesses under oath.
Someone who has personal knowledge of the facts.
6. subpoena A written order by the judge commanding a witness to appear in court to give
testimony.
7. verdict
8. judgment
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The jury’s decision in a trial.
The final result of a trial rendered by the judge.
Copyright © Thomson/South-Western Publishing
Lesson 5-3 Review (continued)
Concept Review
9. What is the difference between compensatory and punitive damages?
Compensatory damages are intended to compensate the injured for the loss. When a tort is
intentional, punitive damages may also be awarded as punishment for the person who
committed the tort.
10. Distinguish between evidence and testimony.
Evidence is anything presented to the jury to help prove or disprove the alleged facts.
Evidence may be documents, records, weapons, photographs, and other objects, as well as
testimony. Testimony, therefore, is one kind of evidence.
11. How can a judgment be enforced if the defendant will not pay?
A plaintiff may obtain a writ of execution if a defendant does not pay a judgment. The court
directs that the defendant’s property be seized or sold and the proceeds used to pay the
judgment.
Goals Review
12. What damages are available to victims of torts?
The injured parties in torts are awarded damages, which may be compensatory (actual) as
well as punitive.
13. What are the various stages of a civil suit?
A civil suit begins with the selection of a jury if one is being used. Then attorneys make
opening statements. The plaintiffs then present their evidence followed by the defendant.
Then the attorney for each side gives a closing statement. The judge consults with the
attorneys, and then gives instructions to the jury. After deliberating, the jury reaches a
verdict. The judge then renders a judgment, the final result of the trial. After a civil suit
judgment, the case may be appealed or there may need to be processes for collecting the
damages.
14. How are civil damages collected?
When a civil judgment for the plaintiff becomes final, the defendant will pay the judgment.
If a defendant does not pay, the plaintiff may obtain a writ of execution, which means the
process by means of which a judgment for money is enforced. The court can then direct that
the defendants’ property be sold to settle the judgment.
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