1. Civil Law

2. Civil Law
Regulate relations between individuals or groups of individuals
Regulate everyday situations
Marriage, divorce, contracts, real estate, insurance, negligence
Civil action – lawsuit brought by a person who feels wronged or injured by another person

3. CIVIL LAW TORT LAW Tort = twisted, slanted
Applies when a person or an organization causes injury to another person, their property or their reputation

4. Questions asked in Civil Law
Who is responsible for the harm caused by the activity-human or not?
How much should they pay for the lack of care?
Will the party’s go to court or will they settle out of court?

5. Civil Law Terms Plaintiff = the injured party
Defendant = the alleged wrong doer
Contingency fee = how civil lawyers are paid
Based on a % of what the plaintiff wins in the case.

6. Civil Law Terms
Remedies/damages = something to make-up for what is lost. Usually in the form of money.
I want a remedy for the loss of my eye sight.
The damages the client wants is 3 million.
Injunctions = requiring a person to stop/or to do something

7. Civil Law Terms
Deep pockets = those who have the money or best able to pay
Not minors
Class Action suits = people joining together to fight a big company
Usually have a better chance of winning, but the amount received by the plaintiff’s is less

8. Civil Law Terms Liability = failure to exercise reasonable care.
Does something he/she is NOT supposed to do. (battery)
Does something he/she IS supposed to do. (snow removal)
Does something he/she IS supposed to do, but in a careless manner. (daycare)

9. #1 Identify: Plaintiff, Defendant and should they pay damages
Fourteen year old Carrie is babysitting for 4 year old Jill. Carrie leaves Jill in the living room and goes into the kitchen to call her boyfriend. From the kitchen she can hear, but can’t see Jill. While she is away, Jill falls off a chair and is hurt.

10. #2 Identify: Plaintiff, Defendant and should they pay damages
Ben a high school football player, tackles a teammate in practice. When the teammate hits the ground, his shoulder is separated.

11. #3 Identify: Plaintiff, Defendant and should they pay damages
Mr. Smith owns a large apartment building. When his janitors wax the floor, they place a 12 inch sign that reads: “Caution wet floors”. Mrs. Green is hurrying home from shopping carrying her groceries. She does not see the sign and slips and falls on the floor. She injures her knee.

12. #4 Identify: Plaintiff, Defendant and should they pay damages
Matt and Susan were sitting in the upper deck behind first base at a major league baseball game. A foul ball hit by their team’s player bounces off a railing, smacking Matt in the head giving him a concussion.

13. #5 Identify: Plaintiff, Defendant and should they pay damages
John the life guard at an area pool had stayed up late the night before. Sleepy, John had a hard time staying awake when he was on his guard stand. Nodding off from time to time, John didn’t see the girl getting into trouble in the deep end of the pool. The girl drowns.

14. #6 Identify Plaintiff, Defendant and should they pay damages
Mike the school bus driver, has a heart attack while driving the school bus. The school bus slams into a wall, injuring several of the students. One month earlier Mike’s doctor had warned him of his heart condition.

15. #7 Identify: Plaintiff, Defendant and should they pay damages
Janet, an expert auto mechanic, continues to drive her car even though she knows that the brake linings are badly worn. Driving on a rain-slicked road at night, she skids into a bicyclist who is riding one foot away from the right curb.

16. 3 Kinds of Torts

17. 1. Intentional
deliberately wants to harm a person, their property, or their reputation.
Assault = threats or attempt to commit harm.
Battery = intentional unlawful physical contact without consent
Defamation = maliciously making false statements
(slander- spoken; libel – written)
Trespassing = owner can receive damages even if no harm was committed.

18. 2. Negligent
failure to take reasonable care causing harm to a person or property.
Duty = defendant owes an amount of care to the plaintiff.
Breach = violation of the duty.
Reasonable person standard = the behavior of how a person should act.
Likeliness, seriousness and burden in avoiding harm.

19. 3. Strict liability
an act that is so dangerous that there is a serious risk of harm even if he/she acts with the utmost care.
Owners of animals-ALL kinds
People involved in dangerous activities/jobs.
Manufactures/sellers of dangerous materials

20. Defense to Torts Intentional Self defense = can’t be excessive
Consent = in a battery charge for fighting.
Negligent
Contributory = plaintiff at fault for own harm
Comparative = percentage of fault placed on both parties.
Assumption = plaintiff knew activity had risks.
Strict liability
Labeling, waiving liability, signs…

21. How damages are paid…
Compensatory damages = payment for lost wages, future losses, pain and suffering.
To compensate/make up for a loss.
Punitive damages = amounts so large that it punishes the person/company for willful or outrageous acts. Not for negligent suits.
3 million dollars
Nominal damages = payment of a $ To bring attention to the public. Could lead to punitive damages.

22. Keeping out of Court Negotiations = working toward a settlement.
Mediation = local programs to settle dispute.
Not binding like a contract, usually used in neighborhood disputes.
Arbitration = rules and settles the dispute.
Legal and binding. Both parties agree to the outcome.
Malpractice Insurance= covers doctors and other professionals in the medical field for liability claims arising from their treatment of patients.

23. Keeping out of Court
Insurance = the companies will sue each other rather than the individuals suing each other.
Premiums = the amount of money you pay to the insurance company for coverage. It is a contract between you and the insurance company.
Deductibles = the amount of money you have to pay to get your car or house fixed.
Higher deductibles cause your premiums to go down in price. Lower deductibles higher premiums.

24. Keeping out of Court
Liability insurance = pays for damages to the plaintiff’s home, self/others and may include representation (lawyers). Will not pay to fix defendant’s car!!
Limits are placed on amount of money/damages paid per person or group.
10/20/5
$10,000 per person for injury
$20,000 per accident for all personal injuries.
$5,000 per accident for property damages

25. Keeping out of Court
Comprehensive coverage = protects against damages or loss to your car from causes other than collision.
Vandalism, weather, theft, fire
Uninsured motorist = protects you from other drivers who do not have insurance or not enough insurance.

26. Keeping out of Court
No-fault insurance = your insurance company pays for the injuries you received regardless of fault.
Only covers personal injuries.
Limits on the dollar amount paid.
Collision coverage = pays for damages even if the accident was your fault.