CHAPTER 5 Civil Law and Procedure

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 - Crime • Brought by the government • Government is known as the prosecution • Prosecution has the burden of proof – beyond a reasonable doubt • Defendant loses if found guilty • Usual penalty is a prison sentence • Offense against individual – Civil or Tort • Brought by private citizens • Person bringing action is known as the plaintiff • Plaintiff has the burden of proof – preponderance of the evidence • Defendant loses if found liable • Usual penalty is money damages Chapter 5

4. What’s Your Verdict K.C. Jones was a railroad engineer on a passenger train that ran up and down the West Coast. A vocal advocate of railroads, he nonetheless often violated railroad policies. For example, he routinely sent text messages to members of a railroad hobby group while the train was in motion and invited guests into the driver’s cab to let them run the train for short moments. His managers knew of his behavior but did nothing to prevent it. One day while sending a text, he missed a red signal and crashed his train into another, resulting in 11 deaths and hundreds of injuries. Does K.C.’s conduct represent a criminal or civil wrong or both? K.C. committed the crime of manslaughter (11 counts) and the tort of negligence. The railroad company was also held to be vicariously liable for the injuries and deaths under the master-servant rule, employer is liable for the conduct of their employees. Chapter 5

5. ELEMENTS OF A TORT • Dutylegal obligation to do or not do something • Not to injure another • Not to interfere with the property rights of another • Not to interfere with the economic rights of another • BreachViolation of the duty • Must be proved to collect damages • Res ipsa loquitur– act speaks for itself • Intentional tort – intended to inflict harm by action • Unintentional tort – harm is a result of negligence • Strict liability - only prove that the tort occurred and that the defendant was responsibleie: product safetyie:  tiger rehabilitation center, no matter how strong the tiger cages are, if an animal escapes and causes damage and injury, the owner is held liable Chapter 5

6. ELEMENTS OF A TORT • Injuryharm that is recognized by the law • Must be proven that injury was the result of the breach • No injury, no tort • Causationproof that the breach caused the injury • Proximate cause – reasonably foreseeable that a breach of duty will result in an injury Chapter 5

7. RESPONSIBILITY FOR ANOTHER’S TORTS • Vicarious liability • When one person is liable for the actions/conduct of another based solely on the relationship between the twoie: employer/employee, parent/child, employer/agent Chapter 5