1. Lesson 6-1
Civil Law (Tort Law)

2. What will you learn?? Distinguish between a crime and a tort
Discuss the elements of a tort needed to prove a tort has occurred
Explain when a person is responsible for the tort of another person (Parent, boss, etc..)

3. How do Crimes and Torts differ?
If a crime is against society, then torts are against a person or business
A tort is a “Private” or “Civil” wrong
All torts start with an Injury to a person, property or a business
If a tort does occur, the “Injured” party may collect money damages (Judgment)

4. Why do torts start with an Injury?
First off, NO INJURY means no case
Injuries can be physical, monetary, emotional or more
An injury gives the plaintiff (Person filing the lawsuit) the right to ask for damages to pay back for the injury that occurred to them

5. What about these…
Why do you think its necessary for an injury to take place to a plaintiff (Victim), rather than just doing something reckless that “may” lead to an injury?
What does the injury established for the plaintiff?
Can a plaintiff be partially responsible for their own injury?
What would happen if a plaintiff caused their own injury partially?

6. Why are torts considered to be against a person then?
Torts (Or civil claims) are between a person and a person, a person and a business or a person and the government
People are making “Personal” claims, rather than in criminal claims, where you can be arrested
Torts are about “Restitution”, not punishment, jail or fines…

7. Can a single act be both a Crime and a Tort?
YES
Different standards of proof for each
Criminal (Beyond a reasonable doubt)
Civil/Tort (Based on a preponderance of evidence)
Preponderance of evidence means your claim of an injury created by the party you are suing is “More correct than it is incorrect”

8. How are Torts proven in court?
First, the plaintiff (Person suing) must prove based on a preponderance of evidence that the defendant injured them in some way and are responsible
Next, if the jury agrees, they will determine that the defendant is “Liable” for some type of damages (Money/Property/Restitution)
Finally, the damages determined will be based on how the fault is determined in the outcome. For example, if the jury hears that the plaintiff is suing for $100,000 and they determine that the defendant is liable, they may give them the entire $100,000 or something less, based on what they think the defendant is responsible for. This is called comparative negligence

9. What is Preponderance of Evidence based on?
Preponderance of Evidence is a legal standard of proof that states the plaintiff is more correct than they are incorrect
In other words, the plaintiff was injured by the defendant in some way, through the fault of the defendant
If the plaintiff is partially responsible for their own injuries, they may not get the total amount they are suing for, but they will get something
If I sue a store because I slipped and fell, but I was talking on my cell phone while this happened, I may not get the entire amount I ask for because I am partially responsible

10. What are Damages?
Damages are awarded at the end of a civil trial to the plaintiff (Or defendant) based on what the jury decides (Or judge)
Damages start with the idea of Compensatory damages
Compensatory damages are based on compensating a plaintiff for the injuries they sustained based on the defendants actions
Ex) If the defendant sells a plaintiff an electronic device known to overheat and explode and the plaintiff is injured after buying the device, they will ask for compensatory damages to compensate them for their losses
Could include the cost of the phone, medical bills, post medical therapy, lost wages and more…

11. How can Damages be lowered?
Lets say you are walking down the sidewalk and a person is moving their lawn, when something is thrown in the air towards you, you are hit and injured. You find out you need knee surgery, will miss 4 months of work recovering and you now go for psychological assistance, as you are scared to walk the streets of your Town. In trial, you ask for $40,000 to pay for your surgery, $25,000 for your lost wages and $100,000 for your psychological assistance, including past and future assistance. The court determines you should collect the $40,000 and the $25,000, but fails to pay for the psychological bills. So therefore, you were awarded damages totaling $65,000 of the $165,000 you originally asked for..

12. So, how about this….
Is it possible for a person to file a lawsuit, win their case, but win so little its not worth their time?
What do you think juries think when a victim asks for $1 million for a lost limb or other physical injury?
Can a plaintiff ask for too much?

13. 4 elements of a Civil Action
Duty (Your legal obligation to do or not do something)
Breach of Duty (A violation of the duty)
Injury (A harm that is recognized by the law)
Causation (Proof that the injury that occurred “Was caused” by the breach of duty by the defendant

14. So, What is a “Duty”? We have a “Duty” to respect the rights of others
Rights include right to property, privacy, economic, work, and more
The judge “Always” decides if a duty of care exists as well as if the trial will take place at all
Duty of care is a “Standard of REASONABLE care while performing acts that could “Harm” others…
Civil lawsuits start with filings by both parties and a judge reads and issues a conclusion as to whether a lawsuit will take place after deciding.

15. How Does the “Breach” of this Duty take place?
Breach of duty is a question of “Fact” for a jury (Or judge if a small claims court dispute) to decide
Juries (Or judges) determine if the breach actually took place, if it meets certain conditions and if the defendant is liable for the breach

16. What is the Injury? ALL civil acts “START” with an injury
No injury, no case
Injuries can be financial, physical, property based, work related or more
If a person does something dangerous in which no person is injured, there is no tort action, as there is also NO injury

17. What is Causation?
Causation is “Proof” the injury was caused by the breach of duty
Ex) If a person slips and falls in a store and can prove the injury they sustained was based on the store’s fault, they may win. BUT, if the injury was caused by them running or being already hurt, the store can defend themselves saying they did not cause the injury.

18. How is causation shown? Proximate cause
This is defined as “The degree of causation great enough to be recognized by the law”
When the law recognizes that a breach of some duty “Will” in fact lead to an injury, they are saying that the injury sustained by the plaintiff should be the responsibility in some way, of the defendant
Without Proximate Cause, injuries sustained are the cause of the victim themselves

19. Can a person be responsible for another's actions?
Yes!
First off, “ALL” person’s, including minors or insane people, are responsible for their own conduct, so they can be sued for damages for injuring another person
Torts are NOT about punishment, they are about restitution, so an injured person can get back what they lost based on the injury
No intent is needed for most torts, only proof they injured the other party

20. Why can a person be responsible for another's tort?
They may be responsible for the person (Parent for a child or boss for a worker) and therefore the law states they can be sued for the actions of the person they are responsible for
Vicarious Liability: When one person is responsible for the torts of another
“Both” parties can be sued, but most likely, the one with the deepest pockets will be the target

21. What does DEEP POCKETS mean?
They may be responsible for the person (Parent for a child or boss for a worker) and therefore the law states they can be sued for the actions of the person they are responsible for
Vicarious Liability: When one person is responsible for the torts of another
“Both” parties can be sued, but most likely, the one with the deepest pockets will be the target

22. What does DEEP POCKETS mean?
Deep pockets means who is the person most likely to be able to pay off the damages won if the injured party wins their case
If a 17 year old does $400,000 damage to a property and their parent cannot be held responsible, the injured party may not collect the damages
If a 17 year old injures a customer while on the job, the business owner would be held responsible because the worker was an “agent” or representative of the business AND the owner would likely have the money to pay the damages

23. Ticket out the door quiz
Complete the practice quiz and turn in before end of class
Review and quiz within next 3 classes