1. Chapter 3 Crimes and Torts
© 2003 by West Legal Studies in Business/A Division of Thomson Learning

2. Criminal Law vs. Civil Law
Punishes wrongdoers and isolates them from society
Seeks to prove guilt beyond a doubt
Civil law
Imposes duties on people who draw up and agree to contracts
Seeks to prove defendant’s liability by show of evidence

3. Criminal Law vs. Tort Law
Primarily based on statutory law passed by legislatures
Punishes wrongdoers
Tort Law
Emerges from common law precedence
Compensates victims
Contract law
Products or services must meet certain standards as set forth in a valid contract

4. Classifying Criminal Law
Focus on severity or seriousness
Felonies vs. misdemeanors
Focus other factors such as nature of damage caused
Organized crime

5. Criminal Procedure Investigation Pretrial procedures Trial Sentencing
Appeals
Secondary liability

6. Let’s
Discuss
Let’s
Discuss
Let’s
Discuss
Let’s
Discuss
Business Crimes
Compose a scenario to demonstrate your understanding of each of the following crimes
Embezzlement
Stalking and cyberstalking
Mail and
wire fraud
Computer crime
(Continued on the next slide)

7. Let’s
Discuss
Let’s
Discuss
Let’s
Discuss
Let’s
Discuss
Business Crimes
Compose a scenario to demonstrate your understanding of each of the following crimes
Identity theft
Bribery
Gambling
Terrorism
Cyberterrorism
Money laundering

8. Defenses to Crimes Infancy Intoxication Insanity Duress Self-defense
Necessity

9. Intentional Torts Against Persons
Assault
Battery
False imprisonment
Intentional infliction of emotional distress
Invasion of privacy

10. Intentional Torts Against Property
Conversion of personal property
Trespass of chattels
Trespass to land

11. Intentional Torts Interfering with Economic Relations
Disparagement (sometimes called “trade libel”)
One company cannot make false vicious statements about another company
Interference with contract rights or prospective business relations
One party cannot tamper with the contract of another person or business

12. General Requirements to Negligence
Duty of care
Breach of duty
Proximate cause
Injury
Negligence per se
Res ipsa loquitur

13. Defenses to Negligence
Contributory negligence
Comparative negligence
Assumption of risk
International jurisdiction

14. Liability Strict liability Joint and several liability
Liability is attached, regardless of who is at fault
Proof of negligence is not required
Joint and several liability
Complete satisfaction of a plaintiff’s damage award is required
Provides an incentive for plaintiffs to name wealthier defendants in a lawsuit