1. Chapter 6: Personal Injury Laws
6-1: Offenses Against Individuals
6-2: Intentional Torts, Negligence, and Strict Liability
6-3: Civil Procedure

2. 6-1: Offenses Against Individuals
Goals:
Distinguish between a crime from a tort
Discuss the elements of a tort
Explain when a person is responsible for another’s tort

3. What is a tort?

4. Goal 1: Distinguish between a crime from a tort

5. Difference Between Crimes and Torts
*Offense against society
*Public wrong
*Offense against individual
*Injured party can sue and obtain judgement for monetary damages

6. What’s Your Verdict?
Pg. 89
Did Josephina commit a crime or tort or both?
Reckless driving caused Josephina to be liable both criminally and civilly
Crime
Tort
-Reckless driving
-Injured John and his property

7. Goal 2: Discuss the elements of a tort

8. Elements of a Tort
Duty
Breach
Injury
Causation

9. Duty Not to injure another
ex. bodily injury, injury to someone’s reputation, invasion of privacy
Not to interfere with property rights of others
ex. trespassing
Not to interfere with economic rights of others
ex. right to contract

10. Violation of Duty
Must be proved before injured party can collect damages
Can be intentional or unintentional
Can be based on negligence

11. Injury Must be present---
If you act carelessly, but no one is injured, no tort!

12. Causation Breach of duty caused injury Degrees of causation
PROXIMATE CAUSE

13. Goal 3: Explain when a person is responsible for another’s tort

14. Responsibility for the Torts of Another
Vicarious Liability

15. Review
6-1 Worksheet

16. 6-2: Intentional Torts, Negligence, and Strict Liability
Goals:
Identify nine common intentional torts
Define negligence and strict liability

17. What is an intentional tort?

18. Goal 4: Identify nine common intentional torts

19. 9 Common Intentional Torts
Assault
Battery
False Imprisonment
Defamation
Invasion of Privacy
Trespass to Land
Conversion
Interference with Contractual Relations
Fraud

20. Assault Threat to physically or offensively injure another
Threat can be made with words or gestures
Threat must be believable (there must be ability to carry out)

21. Battery Harmful or offensive touching of another
Shooting, pushing in anger, spitting on, etc.
Frequently present after assault
Angrily raising a fist (assault) then punching someone (battery)

22. False Imprisonment
Depriving a person of freedom of movement without the person’s consent and without privilege
Privilege=police

23. Defamation False statement that injures reputation Needs to:
Spoken=Slander
Written=Libel
Needs to:
Be false
Be communicated to 3rd party
Bring victim into disrepute, contempt or ridicule by others

24. Invasion of Privacy
Unlawful and unwelcome intrusion into one’s private life so as to cause outrage, mental suffering, or humiliation

25. Trespass to Land
Entry onto the property of another without the owner’s consent
May consist of other forms of interference with the possession of property
Dumping garbage on someone’s land
Breaking window’s of neighbor’s house

26. Conversion Using property inconsistently with owner’s rights
Converters=theives

27. Interference With Contractual Relations
Enticing or encouraging someone to break a contract

28. Fraud
Intentional misrepresentation of an existing important fact---A LIE!
A misstatement is generally not fraudulent—intent is important

29. Goal 5: Define negligence and strict liability

30. Other Torts Negligence Most common tort
Intent not a requirement (only carelessness)
Involves breach of duty, causation, and injury

31. Duty and Negligence Reasonable-person standard
Violation of duty must be the proximate cause of injury

32. Defenses to Negligence
Contributory negligence
Comparative negligence
Assumption of risk

33. Strict Liability
Liability that exists even though defendant was not negligent
Proof of activity and injury substitutes for proof of a violation of duty
Ex.=target practice, blasting, crop dusting storing flammable liquids in large quantities, ownership of dangerous animals
Sale of goods that are unreasonably dangerous (defective merchandise)

34. 6-2 Review
Worksheet

35. 6-3: Civil Procedure Goals:
Discuss what damages are available to victims of torts
Explain the various stages of a civil suit

36. Goal 6: Discuss what damages are available to victims of torts

37. What Can A Tort Victim Collect??
What are damages?
Monetary award to compensate for loss
Actual or Compensatory Damages
Purpose s to place the injured party in same financial position as if tort had not occurred
What other methods can be used to “pay” damages other than money?

38. Damages
Compensatory
Punitive

39. Goal 7: Explain the various stages of a civil suit

40. Civil Case Trials Judges and Juries Plaintiff Defendant
Not always a right to a jury
No jury=judge decides
If a jury is present—6-12 members
Plaintiff
Defendant

41. Civil Case Proceedings
Opening Statements
Presentation of Evidence
Testimony by witnesses
Articles of evidence
Closing Arguments
Jury Instructions
Jury Deliberation
Verdict
Judgement

42. Satisfying a Judgment Defendant pays
If not, writ of execution can be filed

43. Review
6-3 Worksheet

44. A Civil Action…