LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 5 Civil Law and Procedure Private Injuries v. Public Offenses Intentional Torts, Negligence, and Strict Liability Civil Procedure

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 2 5-1Private Injuries v. Public Offenses GOALS Distinguish a crime from a tort Identify the elements of torts Explain why one person may be responsible for another’s tort

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 3 HOW DO CRIMES AND TORTS DIFFER? Offense against society Offense against individual

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 4 CHECKPOINT What is the difference between a crime and a tort?     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 5 ELEMENTS OF A TORT Duty Violation of the duty Injury Causation

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 6 CHECKPOINT Name the four elements of a tort.     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 7 RESPONSIBILITY FOR ANOTHER’S TORTS Vicarious liability

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 8 CHECKPOINT What parties might be held responsible for another person’s tort?     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 9 5-2Intentional Torts, Negligence, and Strict Liability GOALS Identify common intentional torts Recognize the elements of negligence Explain the basis for strict liability

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 10 WHAT ARE THE MOST COMMON INTENTIONAL TORTS? Assault Battery False imprisonment Defamation Invasion of privacy Intentional infliction of emotional distress Trespass to land Conversion Interference with contractual relations Fraud

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 11 CHECKPOINT Name at least six of the most common intentional torts.     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 12 WHAT CONSTITUTES NEGLIGENCE? Duty imposed by negligence Breach of duty Causation and injury Defenses to negligence

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 13 CHECKPOINT Name the four elements of the tort of negligence.     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 14 WHY IS STRICT LIABILITY NECESSARY? Engaging in abnormally dangerous activities Owning dangerous animals Selling unreasonably dangerous goods

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 15 CHECKPOINT What is strict liability and why is it necessary?     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE Civil Procedure GOALS State the legal remedies that are available to a tort victim Describe the procedure used to try a civil case

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 17 REMEDIES AVAILABLE IN A CIVIL SUIT Injunction – court order for a person to do, or not do, a particular act. Damages – monetary award by the court to a person who has suffered loss or injury because of the act or omission of another.

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 18 DAMAGES Compensatory – meant to place the injured party in the position he or she was in prior to the injury or loss. Punitive – (generally only awarded in intentional tort cases) meant to punish the person who inflicted the injury.

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 19 ATTORNEY FEES Can be paid hourly – 2010 average national rate was $284 per hour. Contingency fee – paid a percentage of the award (generally 25% if settled before trial, 33% if case won at trial, 40% or more if won on appeal).

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 20 CHECKPOINT Name the two remedies available in a civil suit.     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 21 PROCEDURE FOR A CIVIL CASE Initiation of the case Judge or jury Opening statements and testimony Closing arguments and instructions to the jury Jury deliberation and the verdict

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 22 CHECKPOINT List the steps in the procedure used to try a civil case.     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 23 HOW ARE CIVIL DAMAGES COLLECTED? Defendant is ordered to pay Writ of execution

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 24 CHECKPOINT How does a plaintiff collect damages if the defendant refuses to pay?     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 25 PREVENT LEGAL DIFFICULTIES Avoid legal liability for torts by consistently respecting the rights of others and their property. If you commit a tort or are the victim of a tort that may lead to a lawsuit, consult a lawyer promptly. Critical evidence may be lost if you delay. Continued on the next slide

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 26 PREVENT LEGAL DIFFICULTIES Choose your attorney carefully for a tort case. Be sure that the legal issues are in the attorney’s area(s) of specialty. Check the attorney’s list of clients and past legal victories. If employed on a contingency fee basis, make sure the attorney has the resources to handle the case. Continued on the next slide

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 27 PREVENT LEGAL DIFFICULTIES Investigate the negligence laws in your state. In some states, your own negligence, however slight, may bar any recovery under the doctrine of contributory negligence. In states that use the alternate doctrine of comparative negligence, even though you are somewhat negligent, you may recover. Continued on the next slide

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 28 PREVENT LEGAL DIFFICULTIES If you injure a third party while on the job, both you and your employer may be liable. The automobile is the principal source of tort liability for most persons, young and old. Drive carefully. If you are injured as the result of a tort, do not be rushed by insurance adjusters or others into signing a statement releasing the other party from liability. Let your lawyer decide if the settlement offer is fair. Continued on the next slide

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 5 SLIDE 29 PREVENT LEGAL DIFFICULTIES Realize that just obtaining a judgment against a defendant in a tort may not end the legal ordeal. The judgment may not be voluntarily paid and execution will have to be carried out. A judgment, once obtained, may be executed in other states and over a considerable period of time. The fact that a defendant is without resources today does not mean he or she will remain so forever.