BELL QUIZ ON CHAPTER 3 1. List two felony crimes. 2 BELL QUIZ ON CHAPTER 3 1. List two felony crimes. 2. List two misdemeanor crimes. 3. List two of the defenses to crime. 4. What is the difference between battery and assault? Explain both. 5. List one of the computer-related crimes.

ANSWERS TO BELL QUIZ CHAPTER 3 Murder, manslaughter, burglary, robbery, arson Driving without license, lying about age to buy alcohol, leaving scene of accident Insanity, entrapment, self-defense, defense of family members Battery is unlawful touching of another person. Assault is an attempt to commit battery. (See next slide)

5. theft of computer services destruction of equipment misuse of computer information

Section 4.1

Negligence and Strict Liability Chapter 4 The Law of Torts Section 4.1 Intentional Torts Section 4.2 Negligence and Strict Liability

Why It’s Important Learning the difference between a tort and a crime, as well as the types of intentional torts, will help you understand how the justice system protects people from injury.

Pre-Learning Question What is the difference between criminal law and tort law?

The Difference Between Criminal Law and Tort Law A crime is an act against not only a specific individual, but the general welfare, as well. A tort is a private wrong committed by one person against another.

The Difference Between Criminal Law and Tort Law A tort will lead the wronged party to try and recover money as compensation for the loss or injury suffered.

The Difference Between Criminal Law and Tort Law A tort does not, however, call upon the government to punish the wrongdoer.

The Concept of Rights The law of torts is grounded in the concept of rights. Under tort law all people are entitled to certain rights.

The Concept of Rights These include the right to: be free from bodily harm enjoy a good reputation conduct business without unwarranted interference right to own property free from damage or trespass

The Concept of Rights The law imposes a duty on all of us to respect the rights of others. Tort law governs this interplay between rights and duties.

Intentional Torts Torts can be committed either intentionally or unintentionally. An intentional tort occurs when a person knows and desires the consequences of his or her act.

Assault and Battery The tort of assault occurs when one person deliberately leads another person to believe that he or she is about to be harmed. The tort of battery involves the unlawful, unprivileged touching of another person (even if not harmful).

Assault and Battery The tort of assault is different from the crime of assault. The victim of a tort assault must know that the tortfeasor meant to commit harm. A tortfeasor is the person who committed the tort.

Trespass A trespass is the wrongful damage to or interference with the property of another.

Nuisance The tort of nuisance is anything that interferes with the enjoyment of life or property.

Raymond slapped his wife Charlotte while they were arguing about child support. Which tort did Raymond commit—assault or battery?

ANSWER Battery

False Imprisonment Law enforcement officers must have probable cause or a warrant to arrest someone, or they can be sued for false imprisonment, or false arrest.

Defamation Defamation is the wrongful act of injuring another’s reputation by making false statements. Libel is a false statement in written form. Slander is a false statement made orally to a third party.

Invasion of Privacy Invasion of privacy is interfering with a person’s right to be left alone, which includes the right to be free from unwanted publicity and interference with private matters. End of Section 4.1

Negligence and Strict Liability Section 4.2 Negligence and Strict Liability

Why It’s Important Because any person is a potential victim and a perpetrator of negligence. Understanding this vital area of tort law will help you protect yourself legally.

Unintentional Torts A person can commit an unintentional tort, when he or she acts in a careless manner that results in an injury to a person, damage to property, or both. Negligence and strict liability are unintentional torts.

Intentional and Unintentional Torts 4.2 Intentional and Unintentional Torts Torts Intentional Torts Unintentional Torts When a person commits a wrong against another and knows and desires the consequences of his or her act. When acting in a careless manner causes damage or injury. Examples Examples Assault and Battery Trespass False imprisonment Negligence Strict liability

Unintentional Torts Negligence is an accidental or unintentional tort resulting because of the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.

Unintentional Torts Strict liability is the doctrine that states that people engaged in ultrahazardous activities will be held liable, regardless of how careful they were and regardless of their intent.

Negligence is an accidental or unintentional tort. is the tort that most often occurs in society today.

Elements of Negligence duty of care breach of duty proximate cause actual harm

Duty of Care All of us have a duty not to violate certain rights of others. The plaintiff must demonstrate that the defendant owed him or her duty of care.

Example of Duty of Care Julia was injured while diving at a public pool. The injury could have been avoided if the diving board had a guardrail. Julia sued the state’s Department of Health.

Example of Duty of Care The court ruled the Department of Health had a duty to the state’s sanitary code, not a duty to inspect for safety problems. The Department of Health had no duty to Julia.

Breach of Duty Breach of duty is the failure to use the degree of care that a reasonable person would exercise in that same situation. The words “reasonable person” must be used when instructing the jurors. “What would a reasonable person do in this situation.”

Proximate Cause Proximate cause is the legal connection between unreasonable conduct and the resulting harm. Without proximate cause, the result would not have occurred.

Proximate Cause Courts apply the foreseeability test to determine proximate cause. “Was the injury to the plaintiff foreseeable at the time that the defendant engaged in the unreasonable conduct?” Example 5: page 90

Actual Harm The essence of any tort suit is a violation of a duty that results in injury to the plaintiff. The plaintiff must have actually suffered physical injury, property damage, or financial loss.

Defenses to Negligence contributory negligence comparative negligence assumption of risk

Contributory Negligence Behavior by the plaintiff that helps cause his or her injuries may be considered contributory negligence. Many states no longer follow this doctrine – plaintiff may have been only slightly negligent.

Comparative Negligence The negligence of each party is compared under the doctrine of comparative negligence, and the amount of the plaintiff’s recovery is reduced by the percent of his or her negligence. Example 7: page 92

Assumption of Risk If the defendant can show the plaintiff knew of the risk involved and still took the chance of being injured, he or she may claim assumption of risk. Baseball clubs…

Strict Liability Some activities are so dangerous that the law will apply neither the principles of negligence nor the rules of intentional torts to them.

Strict Liability According to strict liability, if these activities injure someone or damage property, the people engaged in the activities will be held liable, regardless of how careful they were and regardless of their intent. Ultrahazardous activities

Ultrahazardous Activities Explosives Keeping wild animals Storing high flammable liquids in densely populated areas Defects in products – firm is liable End of Section