1. Unit 3

2. Vocabulary Activity
Copy the definition of the following terms into your notes:
Tort
Judgment
Damages
Liable
Liability
Settlement

4. VS. Torts – A Civil Wrong Criminal Civil Breaking the law - Crime
Wrongs against society
Punished by the state
Receives jail time or other state sanctioned punishment
Beyond a reasonable doubt
Civil
Wrong doings are referred to as - Torts
Wrongs against individuals
Does not receive jail time or other state sanctioned punishment
Punished by awarding damages to the plaintiff
Preponderance of evidence
VS.
Although a tort and a crime are two different legal categories the same illegal activity can be both. (i.e. breaking into a house)

5. The Idea of Liability

6. The Idea of Liability Tort Law is concerned with:
(1) Who should be liable (Responsible)
(2) How much should the responsible person pay

7. The Idea of Liability Tort law establishes a standard of care
We must act with reasonable care toward people and property
Failure to exercise reasonable care could result in legal liability (being sued)

8. Compensation (Remedy)
The Idea of Liability
When a person is injured someone must bear the cost
$Cost $
Medical Bills
Missed work
Repair Cost
Accident
Who's at fault (Liable)
Compensation (Remedy)

9. The Idea of Liability Settlement
Approximately 90% of tort cases are settled before trial

10. The idea of Torts: Yesterday, Today and Tomorrow
Judges in England were deciding tort cases in the 15th century
Tort law is generally based on common law
Tort law can also be based on statutes (written law)

11. The idea of Torts: Yesterday, Today and Tomorrow
Tort law seeks to balance usefulness and harm
How safe must a drug be before the manufacturer is not considered legally responsible in the event that the drug harms somebody?
If a drug is discovered that saves the lives of many cancer patients but causes the deaths of a few, should the drug manufacturer be liable for their deaths?

12. The idea of Torts: Yesterday, Today and Tomorrow
Tort law tries to preserve individual choice
Since mandatory warnings are prominently displayed on the package, adults are permitted to purchase cigarettes.
Is this product more harmful than useful?
Do warnings help individuals make informed decisions?
Should cigarettes be further restricted or banned?

21. Types of Torts
Tort liability exist for three major categories of conduct:
(1) Intentional wrong doing
(2) Acts of negligence
(3) Activities for which strict liability is imposed

22. Types of Torts Intentional Wrong Doing (Intentional Tort)
An action taking to deliberately harm another person and/or his or her property.
(i.e. Intentionally smashing a window)

23. Types of Torts Acts of negligence The most common tort
The failure to exercise a reasonable amount of care in either doing or not doing something, resulting in harm or injury to another person.
(i.e. a drunk driver accidently hits
a pedestrian)

24. Types of Torts Strict Liability
The legal responsibility for damages, or injury even if you are not negligent
For the most part three groups of people face strict liability
(1)Owners of dangerous animals
(2)People who engage in highly dangerous activities
(3)Manufactures and sellers of defective consumer products

28. As you watch the movie take notes that will allow you to write an extended response to the following questions:
What did you learn about the Voir Dire process?
What is your opinion on jury consultants?
Would you have brought the “jury for hire” to the judges attention? (why or why not?)
What type of tort is the defendant being sued for?
Do you think the gun industry should be held liable?
How would you have voted if you were on the jury? Why would you vote this way?