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CHAPTER 5 Civil Law and Procedure

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

  2. 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

  3. HOW DO CRIMES AND TORTS DIFFER? • Offense against society • Offense against individual • Elements of a tort • Duty • Breach • Injury • Causation Chapter 5

  4. Violation of Duty • Created by tort law: • Not to injure another • Not to interfere with the property rights of others • Not to interfere with the economic rights of others Chapter 5

  5. Injury Must be proven Chapter 5

  6. Causation Breach of duty caused the injury Proximate cause Chapter 5

  7. In a Nutshell: Chapter 5

  8. CHECKPOINT    • What is the difference between a crime and a tort? Chapter 5

  9. CHECKPOINT    • Name the four elements of a tort. Chapter 5

  10. RESPONSIBILITY FOR ANOTHER’S TORTS • Vicarious liability • Respondeat Superior Chapter 5

  11. CHECKPOINT    • What parties might be held responsible for another person’s tort? Chapter 5

  12. 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

  13. Assault WHAT ARE THE MOST COMMON INTENTIONAL TORTS? Chapter 5

  14. Battery Chapter 5

  15. False imprisonment Chapter 5

  16. Defamation • Slander • Libel • exceptions Chapter 5

  17. Invasion of privacy Chapter 5

  18. Intentional infliction of emotional distress Chapter 5

  19. Trespass to land Chapter 5

  20. Conversion Chapter 5

  21. Interference with contractual relations Chapter 5

  22. Fraud Chapter 5

  23. CHECKPOINT    • Name and define six of the most common intentional torts. Chapter 5

  24. Checkpoint • Res Ipsa Loquitor • Accident normally would not have happened without the negligence of the defendant • Defendant is in control • No contributory negligence on the part of the defendant • If there are two or more defendants, res ipsa loquitor does not apply Chapter 5

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

  26. Duty Imposed by Negligence Reasonable person standard Age restricted Professionals and skilled tradesmen Chapter 5

  27. Breach of Duty Causationand Injury Defenses to Negligence Chapter 5

  28. CHECKPOINT    • Name the four elements of the tort of negligence. Chapter 5

  29. WHY IS STRICT LIABILITY NECESSARY? • Engaging in abnormally dangerous activities • Owning dangerous animals • Selling unreasonably dangerous goods Chapter 5

  30. CHECKPOINT    • What is strict liability and why is it necessary? Chapter 5

  31. 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

  32. REMEDIES AVAILABLE IN A CIVIL SUIT • Injunction • Damages • Compensatory • punitive Chapter 5

  33. CHECKPOINT    • Name the two remedies available in a civil suit. Chapter 5

  34. PROCEDURE FOR A CIVIL CASE • Initiation of the case Chapter 5

  35. Judge or jury Chapter 5

  36. Opening statements and testimony Chapter 5

  37. Closing arguments and instructions to the jury Chapter 5

  38. Jury deliberation and the verdict Chapter 5

  39. CHECKPOINT    • List the steps in the procedure used to try a civil case. Chapter 5

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

  41. CHECKPOINT    • How does a plaintiff collect damages if the defendant refuses to pay? Chapter 5

  42. PREVENTLEGALDIFFICULTIES • 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

  43. PREVENTLEGALDIFFICULTIES • 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

  44. PREVENTLEGALDIFFICULTIES • 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

  45. PREVENTLEGALDIFFICULTIES • 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 and carry insurance. • 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

  46. PREVENTLEGALDIFFICULTIES • 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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