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CHAPTER 5 Civil Law and Procedure

CHAPTER 5 Civil Law and Procedure. 5-1 Private Injuries vs. Public Offenses 5-2 Intentional Torts, Negligence, and Strict Liability 5-3 Civil Procedure. 5-1 Private Injuries vs. Public Offenses. GOALS Distinguish a crime from a tort Identify the elements of torts

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CHAPTER 5 Civil Law and Procedure

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  1. CHAPTER 5Civil Law and Procedure 5-1 Private Injuries vs. Public Offenses 5-2 Intentional Torts, Negligence, and Strict Liability 5-3 Civil Procedure

  2. 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

  3. FOCUS • What is a tort?-private or civil wrong. It is an offense against an individual • What is the difference between crimes and torts? • A crime is an offense against society • Tort is against an individual. Chapter 5

  4. HOW DO CRIMES AND TORTS DIFFER? • Offense against society • Offense against individual damages Chapter 5

  5. What is the difference between a crime and a tort? Tort is a crime against an individual. Crime is against society. US vs. John Doe? Chapter 5

  6. ELEMENTS OF A TORT • Duty • Duty not to injure another, reputation or an invasion of their privacy • Not to interfere with the property rights of another • Not to interfere with one’s economic rights, such as the right to contract. • Violation of the duty-by either intentional or negligence • Injury • Causation-proximate cause or breach of duty Chapter 5

  7. Name the four elements of a tort. 1-duty 2-breach 3-injury 4-causation Chapter 5

  8. RESPONSIBILITY FOR ANOTHER’S TORTS • Vicarious liability-example of parents responsibility for their children’s acts! WOW! Chapter 5

  9. What parties might be held responsible for another person’s tort?- parents and employers Chapter 5

  10. 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

  11. FOCUS • What things are unique about the intentional torts? • Answer: intent is there • There are 9 common intentional torts Chapter 5

  12. WHAT ARE THE MOST COMMON INTENTIONAL TORTS? • Assault • Battery • False imprisonment • Defamation • Invasion of privacy-uninvited intrusion into pr • Trespass to land • Conversion-read page 88 together • Interference with contractual relations-page 88 • Fraud-intentional misrepresentation (ex. Marriage) Chapter 5

  13. WHAT CONSTITUTES NEGLIGENCE? 4 elements Negligence is carelessness, no intent • Duty imposed by negligence-reasonable person standard • Breach of duty • Causation and • injury-ex. speeding Chapter 5

  14. Defense for Negligence? Did the plaintiff help or contribute to the negligence? Chapter 5

  15. WHY IS STRICT LIABILITY NECESSARY? • Engaging in abnormally dangerous activities • Owning dangerous animals • Selling unreasonably dangerous goods • You are always negligent whether you partcipated or not. Chapter 5

  16. What is strict liability and why is it necessary? Somebody has to be responsible for your possessions Chapter 5

  17. 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

  18. FOCUS • What remedies are available in a civil suit? Chapter 5

  19. REMEDIES AVAILABLE IN A CIVIL SUIT • Injunction • Damages Chapter 5

  20. Name the two remedies available in a civil suit. Chapter 5

  21. 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

  22. List the steps in the procedure used to try a civil case. Chapter 5

  23. HOW ARE CIVIL DAMAGES COLLECTED? • Defendant is ordered to pay • Writ of execution Chapter 5

  24. How does a plaintiff collect damages if the defendant refuses to pay? Chapter 5

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