1. Law for Business and Personal Use © Thomson South-Western CHAPTER 5 Civil Law and Procedure 5-1Private Injuries vs. Public Offenses 5-2Intentional Torts, Negligence, and Strict Liability 5-3Civil Procedure

2. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 2 5-1 5-1Private Injuries vs. Public Offenses GOALS Distinguish a crime from a tort Identify the elements of torts Explain why one person may be responsible for another’s tort

3. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 3 FOCUS What is a tort? What is the difference between crimes and torts?

4. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 4 HOW DO CRIMES AND TORTS DIFFER? Offense against society Offense against individual damages

5. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 5 What is the difference between a crime and a tort?

6. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 6 ELEMENTS OF A TORT Duty Violation of the duty Injury Causation

7. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 7 Name the four elements of a tort.

8. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 8 RESPONSIBILITY FOR ANOTHER’S TORTS Vicarious liability

9. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 9 What parties might be held responsible for another person’s tort?

10. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 10 5-2 5-2Intentional Torts, Negligence, and Strict Liability GOALS Identify common intentional torts Recognize the elements of negligence Explain the basis for strict liability

11. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 11 FOCUS What things are unique about the intentional torts?

12. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 12 WHAT ARE THE MOST COMMON INTENTIONAL TORTS? Assault Battery False imprisonment Defamation Invasion of privacy Trespass to land Conversion Interference with contractual relations Fraud

13. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 13 Name at least six of the nine most common intentional torts.

14. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 14 WHAT CONSTITUTES NEGLIGENCE? Duty imposed by negligence Breach of duty Causation and injury Defenses to negligence

15. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 15 Name the four elements that must be proven for an act to be negligent.

16. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 16 WHY IS STRICT LIABILITY NECESSARY? Engaging in abnormally dangerous activities Owning dangerous animals Selling unreasonably dangerous goods

17. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 17 What is strict liability and why is it necessary?

18. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 18 5-3 5-3 Civil Procedure GOALS State the legal remedies that are available to a tort victim Describe the procedure used to try a civil case Explain how civil damages are collected

19. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 19 FOCUS What remedies are available in a civil suit?

20. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 20 REMEDIES AVAILABLE IN A CIVIL SUIT Injunction Damages

21. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 21 Name the two remedies available in a civil suit.

22. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 22 WHAT PROCEDURE IS USED TO TRY A CIVIL CASE? Judge or jury Opening statements and testimony Closing arguments and instructions to the jury Jury deliberation and the verdict

23. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 23 List the steps in the procedure used to try a civil case.

24. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 24 HOW ARE CIVIL DAMAGES COLLECTED? Defendant is ordered to pay Writ of execution

25. Law for Business and Personal Use © Thomson South-Western Chapter 5 Slide 25 How does a plaintiff collect damages if the defendant refuses to pay?