Q3 LAW NOTES 1 TORTS

I. What is a TORT??? A. In Civil Law, when a person commits a wrong, It is called a TORT. B. Considered a wrong against all society C. PLAINTIFF: One who was harmed in a civil law suit DEFENDANT: Wrongdoer

>Plaintiff seeks to win a Judgment against the Defendant D. DAMAGES: Compensation for the plaintiff for injuries in place of jail or other penalties

II. The Idea of “Liability” A. TORT LAW: Rules that govern civil law 1. Liability: who should be held responsible for the harm caused 2. Damages: How much should the responsible person pay?

1. Tort Law provides a REMEDY, something to make up for what was lost B. A tort occurs when one person causes injury to another person, their property, or reputation C. Purposes of Torts 1. Tort Law provides a REMEDY, something to make up for what was lost (EX: Auto Crash)

2. Tort Law establishes. “STANDARDS OF CARE” that 2. Tort Law establishes “STANDARDS OF CARE” that society expects from people 3. The belief that payments of damages will encourage responsible behavior and prevent future injuries and losses

D. LEGAL LIABILITY: A failure to. exercise reasonable care toward D. LEGAL LIABILITY: A failure to exercise reasonable care toward people or their property Legal responsibility for harm

E. Tort Law provides a legal process for E. Tort Law provides a legal process for injured persons to recover damages from wrongdoers 1. Settlements vs. Trials 2. SETTLEMENT: An Agreement reached when the two parties meet and discuss how much to pay

III. The Concept of Common Law A. COMMON LAW: Forms the basis for Tort Law 1. Laws based on precedent decisions made by judges in courts 2. Common Law can also be based on statutes (EX: contributing to a minor)

B. Tort Law reflects change in technology and social values 1. Products: Usefulness vs. Harm to Society (EX: The Automobile, Vioxx) C. Tort Law tries to preserve Individual Choice (EX: Smoking)

IV. Types of Torts A. INTENTIONAL WRONG: A person acts with the intent of injuring a person / property 1. Intentional Torts may also be CRIMES

B. NEGLIGENCE: When a person’s. failure to use reasonable care B. NEGLIGENCE: When a person’s failure to use reasonable care causes harm 1. DUTY: to exercise reasonable care toward others 2. BREACH OF DUTY: a violation of the standard of reasonable care

3. CAUSATION: cause in fact and proximate cause (amount forseeable) 4. DAMAGES: plaintiff should be restored to their pre – injury condition

C. STRICT LIABILITY: an activity. so dangerous that there is a C. STRICT LIABILITY: an activity so dangerous that there is a risk of harm even if the individual acts with great care 1. Groups who face Strict Liability:

i. owners of dangerous animals ii. People who engage in highly dangerous activities iii. Manufacturers of defective consumer products

V. Taking the Case to Court A. Torts vs. Crimes B. Civil Law is Tort Law C. Who can be Sued??? 1. individuals, groups, children, organizations, businesses, certain units of gov’t

D. Who is Immune??? 1. IMMUNITY: Legal protection from being sued 2. Federal / State Gov’ts, The President, Federal Judges, Congress (unless waived) 3. Family – children vs. parents

CLASS ACTION LAWSUIT: Lawsuits. brought by one or more CLASS ACTION LAWSUIT: Lawsuits brought by one or more persons on behalf of a larger group. (EX: Against Big Tobacco) 1. LAWYER CONTINGENCY FEE: lawyer doesn’t charge by the hour. Gets a percentage (1/3) if the plaintiff wins