Chapter 6: Personal Injury Laws 6-1: Offenses Against Individuals 6-2: Intentional Torts, Negligence, and Strict Liability 6-3: Civil Procedure

6-1: Offenses Against Individuals Goals: Distinguish between a crime from a tort Discuss the elements of a tort Explain when a person is responsible for another’s tort

What is a tort?

Goal 1: Distinguish between a crime from a tort

Difference Between Crimes and Torts *Offense against society *Public wrong *Offense against individual *Injured party can sue and obtain judgement for monetary damages

What’s Your Verdict? Pg. 89 Did Josephina commit a crime or tort or both? Reckless driving caused Josephina to be liable both criminally and civilly Crime Tort -Reckless driving -Injured John and his property

Goal 2: Discuss the elements of a tort

Elements of a Tort Duty Breach Injury Causation

Duty Not to injure another ex. bodily injury, injury to someone’s reputation, invasion of privacy Not to interfere with property rights of others ex. trespassing Not to interfere with economic rights of others ex. right to contract

Violation of Duty Must be proved before injured party can collect damages Can be intentional or unintentional Can be based on negligence

Injury Must be present--- If you act carelessly, but no one is injured, no tort!

Causation Breach of duty caused injury Degrees of causation PROXIMATE CAUSE

Goal 3: Explain when a person is responsible for another’s tort

Responsibility for the Torts of Another Vicarious Liability

Review 6-1 Worksheet

6-2: Intentional Torts, Negligence, and Strict Liability Goals: Identify nine common intentional torts Define negligence and strict liability

What is an intentional tort?

Goal 4: Identify nine common intentional torts

9 Common Intentional Torts Assault Battery False Imprisonment Defamation Invasion of Privacy Trespass to Land Conversion Interference with Contractual Relations Fraud

Assault Threat to physically or offensively injure another Threat can be made with words or gestures Threat must be believable (there must be ability to carry out)

Battery Harmful or offensive touching of another Shooting, pushing in anger, spitting on, etc. Frequently present after assault Angrily raising a fist (assault) then punching someone (battery)

False Imprisonment Depriving a person of freedom of movement without the person’s consent and without privilege Privilege=police

Defamation False statement that injures reputation Needs to: Spoken=Slander Written=Libel Needs to: Be false Be communicated to 3rd party Bring victim into disrepute, contempt or ridicule by others

Invasion of Privacy Unlawful and unwelcome intrusion into one’s private life so as to cause outrage, mental suffering, or humiliation

Trespass to Land Entry onto the property of another without the owner’s consent May consist of other forms of interference with the possession of property Dumping garbage on someone’s land Breaking window’s of neighbor’s house

Conversion Using property inconsistently with owner’s rights Converters=theives

Interference With Contractual Relations Enticing or encouraging someone to break a contract

Fraud Intentional misrepresentation of an existing important fact---A LIE! A misstatement is generally not fraudulent—intent is important

Goal 5: Define negligence and strict liability

Other Torts Negligence Most common tort Intent not a requirement (only carelessness) Involves breach of duty, causation, and injury

Duty and Negligence Reasonable-person standard Violation of duty must be the proximate cause of injury

Defenses to Negligence Contributory negligence Comparative negligence Assumption of risk

Strict Liability Liability that exists even though defendant was not negligent Proof of activity and injury substitutes for proof of a violation of duty Ex.=target practice, blasting, crop dusting storing flammable liquids in large quantities, ownership of dangerous animals Sale of goods that are unreasonably dangerous (defective merchandise)

6-2 Review Worksheet

6-3: Civil Procedure Goals: Discuss what damages are available to victims of torts Explain the various stages of a civil suit

Goal 6: Discuss what damages are available to victims of torts

What Can A Tort Victim Collect?? What are damages? Monetary award to compensate for loss Actual or Compensatory Damages Purpose s to place the injured party in same financial position as if tort had not occurred What other methods can be used to “pay” damages other than money?

Damages Compensatory Punitive

Goal 7: Explain the various stages of a civil suit

Civil Case Trials Judges and Juries Plaintiff Defendant Not always a right to a jury No jury=judge decides If a jury is present—6-12 members Plaintiff Defendant

Civil Case Proceedings Opening Statements Presentation of Evidence Testimony by witnesses Articles of evidence Closing Arguments Jury Instructions Jury Deliberation Verdict Judgement

Satisfying a Judgment Defendant pays If not, writ of execution can be filed

Review 6-3 Worksheet

A Civil Action…