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TORTS. (about 88 slides). are. “HARMS”. TORTS. I was harmed!. physically. I was harmed!. physically. financially. I was harmed!. physically. financially. emotionally. I was harmed!. Now I want money (to be made “whole”!). are. “HARMS”. TORTS. are. “HARMS”. intentional. TORTS.
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TORTS (about 88 slides)
are “HARMS” TORTS
physically I was harmed!
physically financially I was harmed!
physically financially emotionally I was harmed!
are “HARMS” TORTS
are “HARMS” intentional TORTS
are “HARMS” intentional unintentional TORTS
≠ Crime Tort
≠ Crime Tort Jail
≠ Crime Tort Pay $ Jail
You see tort cases on Judge Judy. She’s not sending people to jail; she’s making them pay money.
A “tort” is different than a “crime” A tort happens when you harm someone and cost them money.
A “tort” is different than a “crime” A tort happens when you harm someone and cost them money. You didn’t pay your rent.
A “tort” is different than a “crime” A tort happens when you harm someone and cost them money. You didn’t pay your rent. You damaged someone’s car.
A “tort” is different than a “crime” A tort happens when you harm someone and cost them money. You didn’t pay your rent. You damaged someone’s car. You broke someone’s phone.
A “tort” is different than a “crime” A tort happens when you harm someone and cost them money. You didn’t pay your rent. You damaged someone’s car. You broke someone’s phone. You hit someone who then had medical bills.
The same action could be both a tort and a crime at the same time. • You pushed me down and chipped my tooth. • I want the police to arrest you for the crime of battery so you will be punished. • I want to sue you for the tort of battery so I can get money to fix my tooth.
Crime A “crime” is a wrong againstsociety.
Crime A “crime” is a wrong againstsociety. Criminal law procedures will be applied.
Crime Criminals are arrested by government officials.
Crime Criminals are prosecuted by government officials.
Crime Criminals are punished by government officials.
Crime Criminals are arrestedby government officials. Criminals are punishedby government officials. Criminals are prosecutedby government officials.
Crime In a criminal case: the government is the plaintiff the criminal is the defendant
Crime Let’s say your neighbor dumps a 55-gallon drum of toxic chemicals on your property.
Crime A crime against the environment is a crime against all of society, not just you.
Crime Let’s say the criminal is arrested for vandalism, prosecuted, found guilty, goes to jail to “pay for his crime”, and finally gets out of jail.…
Criminal Law Civil Law Who has to pay to clean up the mess on your property?
Criminal Law Civil Law A crime can also be a “tort”.
Criminal Law Civil Law Although the criminal has “paid for his crime to society” he hasn’t paid to clean up the mess he made.
Criminal Law Civil Law The person who has wronged you has committed a tort. He should be made to “make you whole”—to put things back the way they were before he did his wrong action.
Civil Law (a.k.a. “tort” law) A “tort” is an action that you can sue someone for.
Civil Law (a.k.a. “tort” law) A “tort” is an action that you can sue someone for. A tort usually involves personal injury, (usually either physical or financial).
Civil Law (a.k.a. “tort” law) Not only do I want the wrongdoer to be punished by the government in the criminal justice system, I want moneyfor damages from the wrongdoer in the civil justice system!
Remember this? In a criminal case: the government is the plaintiff the criminal is the defendant
Civil Law In a civil case: the wronged person is the plaintiff the wrongdoer is the defendant
Civil Law What does the plaintiff want in a civil case? the wronged person is the plaintiff the wrongdoer is the defendant
Civil Law What does the plaintiff want in a civil case? the wronged person is the plaintiff the wrongdoer is the defendant Money!
Civil Law (a.k.a. “tort” law) Example: Kelly stabbed Amy in the hand. Kelly was arrested for the crime, found guilty, sentenced to jail, and was released 4 months later. Amy Kelly
Civil Law (a.k.a. “tort” law) Example: Kelly stabbed Amy in the hand. Kelly was arrested for the crime, found guilty, sentenced to jail, and was released 4 months later. Amy Kelly Amy wants money. Money for medical bills. Money for pain. Money for suffering.
Civil Law (a.k.a. “tort” law) Amy needs to sue Kelly in civil court to get money. Amy Kelly
Civil Law (a.k.a. “tort” law) Amy needs to sue Kelly in civil court to get money. Amy sues for the tort, not the crime. Amy Kelly
Civil Law (a.k.a. “tort” law) The government will not helpAmy sue in civil court. Amy Kelly
Civil Law (a.k.a. “tort” law) The government will not helpAmy sue in civil court. Civil court has a government judge, but no government lawyers. Amy Kelly
Civil Law (a.k.a. “tort” law) Amy, the victim, will be the plaintiff. Kelly, the stabber, will be the defendant. Amy Kelly