1. CHAPTER 5 Civil Law and Procedure

2. Crimes v. Torts  Public wrong against society  Private wrong against an individual

3. Elements of a Tort A. Duty B. Violation of Duty C. Injury D. Causation

4. Duty ** Judge determines if duty exists  Not to injure  Bodily, reputation, privacy  Not to interfere w/ property  Not to interfere w/ economic rights  Contract

5. Violation of Duty  Intentional  Intended action; not necessarily intended result  Unintentional  Negligence (carelessness)  Reasonable Person Standard

6. Injury  No injury, no tort

7. Causation  Proximate Cause  Reasonably foreseeable  Mrs. Krol’s foot  Vicarious Liability  Don’t give your child a gun

8. Intentional Torts Common Intentional Torts  Assault  Battery  Harmful or offensive physical contact, that is intentional and unexcused  Legal Focus pg 127  Defamation  Slander  Libel  Publication, privilege, and actual malice

9. Intentional Torts (cont.)  Invasion of Privacy  Use of name or image w/o permission  Intrusion on individual affairs  Public disclosure of objectionable facts  False Imprisonment  Trespass to Land (West, pg 135)  Conversion  Interference w/ Contractual Relations

10. Intentional Torts (cont)  Fraud  Misrepresentation of fact  Intent to Contract  Enter Contract  Damages *** Incorrect opinions are not fraud (West, pg 133)

11. Negligence A. Duty Imposed By Negligence B. Breach of Duty C. Causation and Injury D. Defenses

12. Negligence - Duty of Care  Care, prudence and good judgment of a reasonable person so as not to cause injury.  Different People = Different Duty of Care  > 7: No  7 – 14: Maybe  Participating in Adult Activity: Yes!  Higher Duty of Care for Some

13. Defenses to Negligence  Contributory  Comparative  Assumption of Risk

14. Strict Liability  Responsibility for an injury regardless of whether or not the party was negligent  Applies when someone has engaged in abnormally dangerous activities  Target Practice, Blasting, Crop Dusting, Storing flammable liquids  Ownership of dangerous animals  Sale of unreasonably dangerous goods Defects can make products dangerous Merchant and Manufacturer are liable

15. Remedies  Injunction  Compensatory Damages  Punitive Damages *** Lawyers often work for a contingency fee.

16. Civil Procedure  Judge or Jury  6 or 12; not necessarily unanimous  Opening Statements  Closing Arguments  Instructions to the Jury  Jury Deliberation / Verdict / Judgment

17. Civil Damages Collection  Writ of Execution  Seize and sell property  Wage garnishment