Torts A.K.A. civil law

What’s a Tort? Torts more or less means “wrongs” Refers to civil laws Based on both common law (decisions made by judges) and by statutes Plaintiff – harmed individual Defendant – accused of doing harm to the plaintiff Damages – compensation (usually money) that the defendant must give to the plaintiff

What’s the Difference between a Tort and a Crime? A crime is considered a wrong committed against society in general, even if there is a specific victim A tort is a wrong between two individuals In certain situations, an act can be a tort and a crime

Liability 2 main questions in torts –Who is liable (responsible) for the harm caused? –How much should the liable party have to pay? –The damages paid by someone found liable are supposed to provide the injured party with something to make up for the harm done to them

What’s an Intentional Tort? actions taken to deliberately harm a person or his property In tort law, the desire to do harm is not the focus of the law, but rather the intent to commit the act that causes harm People found liable usually must pay damages to the plaintiff –Compensatory damages: compensates for harm done by defendant (hospital bills, lost wages, pain & suffering) –Nominal damages: symbolic amount of money to show that the plaintiff’s claim was justified

Other Types of Torts Negligence – harm is done when a person fails to use reasonable care –A city worker forgets to replace a manhole cover, a pedestrian falls in and is injured Strict liability – person or company engages in such a dangerous activity that there is a serious risk of harm even when acting with utmost care –A person develops cancer after working around a carcinogenic chemical required to perform his job

Settlements Occur when both parties meet and decide how to compensate the injured person 90% of torts are solved through settlements; they never make it to trial Lawyers will almost always try to settle before going to trial

Torts and the Courts Standard of proof – amount of evidence a plaintiff or prosecutor must present to win a case Preponderance of evidence – more than 50% of the evidence must fall in the plaintiff’s favor This is the civil law standard, it’s easier to meet than the criminal law standard

Who can be sued? Just about anyone- plaintiffs can also sue multiple defendants at once Multiple plaintiffs can sue a defendant together – this is called a class action People usually sue a person who they feel can pay for damages Children can be sued, but someone must prove that the child acted unreasonably for a person of that age and experience

Immunity Some people are immune, or protected, from certain types of torts Usually children can’t sue their parents and parents can’t sue their kids Certain government agencies and officials cannot be sued, either Some governments have waived, or given up, this immunity