Taking the case to court

Homework: problem 18.4

Remember that tort is civil law – so the damages are awarded usually in $ amounts Difference is that in tort cases individuals bring suits on other individuals – in criminal law (crimes against the general public) the state brings the suit Sometimes actions are a tort and a crime Criminal court: Driving while intoxicated, negligent homicide/manslaughter – when this case is brought by the state – the person must be found guilty beyond a reasonable doubt (standard of proof) Civil court: Damages for wrongful death – remember only a “ preponderance of evidence ” is needed for guilty verdict More than 50% of the “ …weight of the evidence ” – why? – penalties are less severe No jail time for tort – just payment for damages If you commit a tort – you are known as a tortfeaser

Who can be sued? Anyone! Most of the time plaintiffs are looking for a defendant with “ deep pockets ” Give an example of this situation Employees may sue employers for actions by other employees - what does this do to the employer? Careful hiring practices, raising of prices, liability insurance – why? More capable of being sued and covering the damages than the individual Suing a minor is also possible Must prove that minor acted irresponsibly and unreasonably Deep pockets issue comes up and so parents are also sued for negligence of care of children

We need to also mention class action suits Class action - procedural device used in litigation to determine the rights of and remedies, if any, for large numbers of people whose cases involve common questions of law and fact Dukes v Wal-Mart – this is a case where a 54 yr old woman, Betty Dukes, filed a discrimination suit saying that she was denied training that would advance her through to a higher paid salaried position This turned into a class action case that says Wal-Mart violated Title VII of the Civil Rights Act of 1964 There are 1.6 million women taking part in the suit

Immune from tort suits: Children v. parents, parents v. children, against federal – state gov ’ t/officials president, fed. Judges, members of Congress (because of duties) However – Bill Clinton was sued because the suit came from actions allegedly committed before he was in office Not immune: Husband v. wife, siblings Can ’ t technically sue government for intentional torts, can collect damages from wrongdoings (Federal Tort Claims Act ) Qualified immunity: members of cabinet, aides –if actions were violating legal rights then they can be sued

when going to file a tort use a lawyer Contingency fee: % of what you recover in damages (various fees) Advantages? Disadvantages?