1. Taking your Case to Court
Torts
Taking your Case to Court

2. Vocabulary Activity Civil Law Standard of Proof
Preponderance of Evidence
Deep pockets
Immune
Class action
Contingency Fee

3. Taking your Case to Court
Tort Law is Civil Law
In some situations, an act can be both a crime and a tort
In a civil case the preponderance of evidence must be more than 50%

4. Taking your Case to Court
In some situations, an act can be both a crime and a tort
In a civil case the preponderance of evidence must be more than 50

5. Who can be sued? Almost anyone can be sued
Usually plaintiffs sue defendants who have “deep pockets”
Employers can be held liable for torts committed by employees
Minors can be sued (usually the minors parents are sued)

6. Who can be sued? Immunity Government and certain government officials
Parents vs. Children and vice versa

7. Who can be sued? Immunity Federal Tort Claim Act
Federal government agreed to be held liable in civil actions for negligent acts or omission by government employees

8. Who can be sued? Immunity
The president, federal judges and members of congress have complete immunity while performing in the scope of their duties.

9. Who can be sued?
Class Action When more than one plaintiff is seeking damages (sometimes hundreds or thousands could be included)
7.8 Billion

10. Who can be sued? Contingency Fees Usually 30 – 40%
Lawyer agrees to take a % of damages for payment (not paid if no damages are recovered)

14. Insurance
Americans buy billions of dollars of insurance every year to insure themselves against liability
The insured pays a premium to the insurance company, in turn the insurance company agrees to cover the damages (with limitations)
Lawyer fees are usually covered under the terms of the contract

15. Auto Insurance $15,000 bodily injury liability per person
$30,000 bodily injury liability per accident
$25,000 property damage liability per accident

16. Auto Insurance

19. Insurance Malpractice -
Failure to meet acceptable standards of practice in any professional or official position
Most Doctors, lawyers and other professionals carry malpractice insurance.

20. Insurance Workers Compensation (WC)
Every state has a form of workman's compensation insurance
employers contribute to a state WC fund
Employees who are injured on the job are compensated (usually 2/3 regular salary
In exchange the injured worker usually gives up the right to claim a tort
Payments will not be made if the worker failed to follow prepare safety guidelines

21. https://www.youtube.com/watch?v=yXbEW6iwN-E (4:00)

22.
(3:00)