CIVIL LAW & PROCEDURE
CHAPTER 5
• Lesson 5-1
Private Injuries v. Public Offenses
• Lesson 5-2
Intentional Torts, Negligence, &
Strict Liability
• Lesson 5-3
Civil Procedure
5-1 GOALS
•Distinguish a crime from a tort,
•Identify the elements of torts,
• Explain why one person may be
responsible for another’s tort
LESSON 5-1
OFFENSES AGAINST INDIVIDUALS
How Do CRIMES & TORTS Differ?
Tort – Private/Civil Wrong,
an Offense against an individual
Crime – Public Wrong, Offense against Society
One act can be Both a Crime & Tort
ELEMENTS OF A TORT
Certain Elements are Common to Most Torts
In a trial, they must be proven to establish liability
(legal responsibility)
The Elements of a Tort are:
DUTY – legal obligation to do or not to do…
BREACH/VIOLATION – of the duty
INJURY – a harm that’s recognized by law
CAUSATION – Reasonably foresee/proof that
Breach caused Injury
DUTY –
We all have a duty to respect the rights of others…
Whether a duty exists or not the JUDGE makes the
decision by consulting state case, statutory law, &
on occasion federal law.
The DUTY Not to
1. Injure Another…
(includes bodily injury, reputation, or invasion of privacy)
2. Interfere w/ the Property Rights of Others,
(Trespass on land)
3 Interfere w/ the Economic Rights of Others,
(right to contract)
VIOLATION/BREACH of the Duty –
• Must be proved before injured party can collect money,
• almost always a question of fact for JURY to decide,
INTENTIONAL Torts – breach be intentional
NEGLIGENCE – based on carelessness,
intent not required
STRICT LIABILITY – liability imposed simply because
a duty was violated and caused injury, Neither intent
nor carelesses is required.
INJURY –
• Injury from Breach of duty Must be Proven,
• No Injury = No Tort
CAUSATION –
• Means Breach of duty Caused Injury,
• PROXIMATE CAUSE – amount of causation is great
enough for it to be recognized by law,
• Exists when it is REASONABLY FORESEEABLE that a
Breach of Duty will result in an Injury.
RESPONSIBILTY FOR THE TORTS
OF ANOTHER
, ALL PERSONS, (including MINORS & the INSANE),
Are Responsible for their conduct &
LIABLE for their Tort.
In general
Vicarious Liability – when one is liable for tort of another
• Parent – few exceptions, otherwise not responsible
• Employer for Employees
5-2 GOALS
• Identify common intentional torts
• Recognize the elements of negligence
• Explain the basis for strict liability
COMMON INTENTIONAL TORTS
Torts which defendant Intended either
the Injury or the Act.
ASSAULT
•
Intentionally THREATENS to Physically or Offensively Injure another,
• Made w/ words or gestures
• Must be believable , (have ability to carry it out)
BATTERY (pushing, spitting on, throwing an object)
• Harmful or Offensive TOUCHING of another,
• Not battery if Not Intentional
• Contact may be Justified, ex. Self- Defense
• Not battery if Consented, ex. Boxing Match
COMMON INTENTIONAL TORTS
FALSE IMPRISONMENT
• Depriving a person of freedom of movement without the person’s
consent and without privilege.
DEFAMATION
• A False Statement that injures one’s Reputation
• To be legally defamatory the statement must be:
• Be FALSE (Truth is a complete defense)
• Be COMMUNICATED to a Third person, and
• Bring the victim into Disrespect, Contempt, or Ridicule by others
• Spoken – Slander
• Written/Printed – Libel
• EXCEPTION -for statements about Public Officials or Famous Persons
to encourage free discussions of issues of public concern
• No liability unless the statement was made w/ MALICE (Known to be False
when made.)
COMMON INTENTIONAL TORTS
INVASION OF PRIVACY
• Unwelcome & Unlawful intrusion into one’s private life so as to
cause anger, mental suffering, or humiliation.
TRESPASS TO LAND
• Entry onto the property of another without owner’s consent, as
well as, interference with the possession of property
CONVERSION
• When personal property has been stolen, destroyed, or used in a manner
inconsistent with the owner’s rights.
• A thief is always a converter,
• The Innocent Buyer of stolen goods is also a Converter
COMMON INTENTIONAL TORTS
• INTERFERENCE W/ CONTRACTUAL RELATIONS –
• If a third party entices or encourages the breach, the
third party may be liable
• Intentional Infliction of Emotional Distress –
• Intentional or reckless act by defendant that is outrageous/extreme
and causes victim to suffer sever emotional distress.
• FRAUD
• Occurs when there is an intentional misrepresentation of
an existing fact (a lie).
• Must be Relied On,
• Cause Financial Injury,
• An opinion is not a considered fraudulent
WHAT IS NEGLIGENCE?
• The most common tort,
• Intent Not Required, ONLY CARELESSNESS
Duty and Negligence:
The Duty imposed is the REASONABLE-PERSON STANDARD,
• Different Degrees of Care can be applied…
Breach of Duty in Neglience
To determine if a breach occurred - compare it to the
Reasonable-Person Standard
Causation and Injury in Negligence
The Violation of Duty must be the PROXIMATE CAUSE of Injury
DEFENSES to Negligence
CONTRIBUTORILY Negligence –
Applies when plaintiff’s own negligence
was partical cause of injury, so they cannot recover for loss
caused by another
COMPARATIVE Negligence –
Most states apply this defense.
Applies when plaintiff is partically at fault, and
IS awarded damages, BUT damages are REDUCED in proportion
to the plaintiff’s negligence.
ASSUMPTION of the RISK –
Plaintiff is aware of danger, but decides
to subject themselves to the risk.
WHAT IS STRICT LIABILITY
Liability that exists even though defendant was not negligent.
Makes Defendant Liable if they Engaged
in a Particular. Activity that resulted in Injury
Activities Such As:
• ENGAGING IN ABNORMALLY DANGEROUS ACTIVITIES…
• OWNERSHIP OF DANGEROUS ANIMALS…
• SALE of GOODS that are UNREASONABLY DANGEROUS…
Under Strict Liability, the Manufacturer and Any Sellers
in the chain of distribution Are Liable to any buyer of the
defective product who is injured.
5-3 GOALS
• State the legal remedies that are
available to a tort victim
• Describe the procedure used to try
a civil case
CIVIL PROCEDURE
LESSON 6-3
WHAT CAN A TORT VICTIM COLLECT?
• The usual remedy for a tort is DAMAGES.
Damages:
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Referred to as ACTUAL or COMPENSATORY Damages,
Purpose –
Value is usually decided by a Jury,
Reimbursements for Lost Wages, Medical Bills, Pain & Suffering
Lawyers – Contingency Fee Basis
• 25% - settled before trial,
• 33% - if case must be won at trial, and
• 40% or More – if case is won on appeal
• PUNITIVE Damages – additional damages awarded as Punishment
• Always available when Intentional tort has been committed
• Amount is to Punish Defendant, Not compensate Plaintiff
HOW IS A CIVIL CASE TRIED?
JUDGES – always decide Issues of Law.
JURY – decides Issues of Fact.
• When No Jury – the Judge decides both law and fact…
Civil Juries –
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Composed of 6-12 citizens,
Who listen to witnesses,
Review physical evidence, &
Reach their decisions,
Most states decisions in civil trials Do Not have to be Unanimous