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CHAPTER 5 Civil Law and Procedure

CHAPTER 5 Civil Law and Procedure. Background Review: Civil Law 5-1: Private Injuries v. Public Offenses 5-2: Intentional Torts, Negligence, and Strict Liability 5-3 : Civil Procedure. Civil Law. Addresses wrongs done to individuals Can cross over to criminal law.

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CHAPTER 5 Civil Law and Procedure

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

  2. Civil Law • Addresses wrongs done to individuals • Can cross over to criminal law Chapter 5

  3. 5-1 Private Injuries v. 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

  4. Civil and Criminal Liability for Same Act

  5. HOW DO CRIMES AND TORTS DIFFER? • Crime - Offense against society • Tort - Offense against individual • Master-servant rule • Holds employer accountable for the conduct of the employee • Damages: • Compensatory Damages: actual losses (lost wages, doctor’s fees) • Punitive Damages: punish wrongdoer, typically only available in intentional torts Chapter 5

  6. ELEMENTS OF A TORT • Duty: we have certain duties to respect the rights of others • Violation of the duty: a breach of duty; what you are trying to prove in court • Injury: if no one is hurt, then there is no tort • Causation: the violation of duty cause the injury INTENT IS NOT REQUIRED Chapter 5

  7. The Basis of Tort Law • Plaintiff (injured party) sues the Defendant (tortfeasor). • Classification of Torts: • Intentional: to harm on purpose • Unintentional (negligence-no fault): Intent to injure is not required • Strict Liability : Held liable if you merely engage in an activity that harms someone • Vicarious liability: when one person is liable for the actionable conduct of another based solely on the relationship between the two

  8. 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

  9. WHAT ARE THE MOST COMMON INTENTIONAL TORTS? • Assault • Battery • False imprisonment • Defamation • Invasion of privacy • Intentional infliction of emotional distress • Trespass to land • Conversion • Interference with contractual relations • Fraud Chapter 5

  10. WHAT CONSTITUTES NEGLIGENCE? • Duty imposed by negligence • Breach of duty • Causation and injury • Defenses to negligence Chapter 5

  11. WHY IS STRICT LIABILITY NECESSARY? • Engaging in abnormally dangerous activities • Owning dangerous animals • Selling unreasonably dangerous goods • Statues of repose – cut off the right to sue for defects in design or manufacturing of products; 10-12 years after manufacture or sale Chapter 5

  12. SHOW VIDEO W/ QUESTIONS Chapter 5

  13. LAW FLIX - JAWS In the video, the mayor (Murray Hamilton) and a few other men try to persuade Chief Brody (Roy Scheider) not to close the town’s beaches. If Chief Brody keeps the beaches open and a swimmer is injured or killed because he failed to warn swimmers about the potential shark danger, has he committed a tort? If so, what kind of tort? Can Chief Brody be held liable for any injuries or deaths to swimmers under the doctrine of strict liability? Why or why not? Suppose that Chief Brody goes against the mayor’s instructions and warns townspeople to stay off the beach. Nevertheless several swimmers do not heed his warning and are injured as a result. What defense or defenses could Chief Brody raise under these circumstances if he is sued for negligence? Chapter 5

  14. 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 Chapter 5

  15. REMEDIES AVAILABLE IN A CIVIL SUIT • Injunction – court order for a person to do/not do a particular act • Damages Chapter 5

  16. Civil Trial Process 1. Complaint Filed 2. Delivery of summons 3. Answer filed by defendant 4. Depositions held 8. Jury Selected 7. Voir Dire – questioning of potential jurors 6. Pre-trial hearing 5. Discovery – evidence obtained 9. Trial Begins 10. Opening Statements 11. Plaintiff calls witnesses 12. Defendant calls witnesses 16. Judgment – damages decided by jury 15. Verdict given 14. Jury Deliberation 13. Closing Arguments

  17. CIVIL TRIAL PROCESS Chapter 4 • Complaint filed • Delivery of summons • Answer filed • Depositions held • Discovery – evidence obtained • Pre-trial hearing • Voir dire begins (if jury trial chosen) • Jury selection • Trial begins • Opening statements • Plaintiff calls witnesses • Defendant calls witnesses • Closing statements • Jury deliberation • Verdict • Judgment (damages decided by jury

  18. HOW ARE CIVIL DAMAGES COLLECTED? • Defendant is ordered to pay • Writ of execution – judgment is enforced Chapter 5

  19. PREVENT LEGAL DIFFICULTIES • Avoid legal liability for torts by consistently respecting the rights of others and their property. • If you commit a tort or are the victim of a tort that may lead to a lawsuit, consult a lawyer promptly. Critical evidence may be lost if you delay. Continued on the next slide Chapter 5

  20. PREVENT LEGAL DIFFICULTIES • Choose your attorney carefully for a tort case. • Be sure that the legal issues are in the attorney’s area(s) of specialty. • Check the attorney’s list of clients and past legal victories. • If employed on a contingency fee basis, make sure the attorney has the resources to handle the case. Continued on the next slide Chapter 5

  21. PREVENT LEGAL DIFFICULTIES • Investigate the negligence laws in your state. • In some states, your own negligence, however slight, may bar any recovery under the doctrine of contributory negligence. • In states that use the alternate doctrine of comparative negligence, even though you are somewhat negligent, you may recover. Continued on the next slide Chapter 5

  22. PREVENT LEGAL DIFFICULTIES • If you injure a third party while on the job, both you and your employer may be liable. • The automobile is the principal source of tort liability for most persons, young and old. Drive carefully. • If you are injured as the result of a tort, do not be rushed by insurance adjusters or others into signing a statement releasing the other party from liability. Let your lawyer decide if the settlement offer is fair. Continued on the next slide Chapter 5

  23. PREVENT LEGAL DIFFICULTIES • Realize that just obtaining a judgment against a defendant in a tort may not end the legal ordeal. The judgment may not be voluntarily paid and execution will have to be carried out. • A judgment, once obtained, may be executed in other states and over a considerable period of time. The fact that a defendant is without resources today does not mean he or she will remain so forever. Chapter 5

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