Chapter 6

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					CHAPTER 6
                               Chaser?


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



                 Chapter 6               1
 LESSON 6-1

                        Torts:
             Offenses against
                  Individuals
•Distinguish a crime from a tort
•Discuss the elements of a tort
•Explain when a person is responsible for
 another’s tort



                    Chapter 6               2
                     HOW DO CRIMES
                   AND TORTS DIFFER?
• A crime is an offense against society—a
 public wrong.

• A tort is a private or civil wrong—an offense
  against an individual
• Punishment vs. Damages
• Elements of each are different
                   4 ELEMENTS OF A TORT
1. Duty
  –   Not to injure another (bodily injury, injury a
      reputation, or invade someone's privacy)


2. Breach of the duty
  –   Must prove to collect damages
  –   Question of fact
                   4 ELEMENTS OF A TORT CONT….


3. Injury recognized by law
  –   If you act recklessly, but no injury, then usually
      not tort

4. Causation – breach of duty caused the injury
  – Proximate Cause (PC) – when the amount of
    causation is great enough to be recognized by law
  – PC exits when: reasonably foreseeable that a breach
    of duty will result in a injury
                          RESPONSIBILITY FOR
                        THE TORTS OF ANOTHER
• All persons, including minors and insane people, are
  responsible for their conduct and liable (legally
  responsible) for their torts.

• Vicarious liability is when one person is liable for the
  torts of another.
   – Parents and children
      • vandalism, damages negligently caused by a minor in a car
      • Give minors “dangerous instrumentalities” Guns

   – Employer and employee
      • Employer liable for employee’s actions
      • “Within their scope of authority”
LESSON 6-2

               Intentional Torts,
          Negligence, and Strict
                        Liability
•Identify nine common intentional
 torts
•Define negligence and strict liability



                   Chapter 6              7
                           COMMON
                  INTENTIONAL TORTS
•Assault               •Trespass to land
•Battery               •Conversion
•False imprisonment    •Interference with
•Defamation            contractual relations
•Invasion of privacy   •Fraud
      The defendant intended either
           the injury or the act.
                       ASSAULT/BATTERY
The tort of assault occurs when one person
intentionally threatens physical or offending
injury to another.


Intentional harmful or offensive touching of
another is     battery.
     hitting
     spitting
     pushing
     throw a pie in your face
               FALSE IMPRISONMENT
False imprisonment depriving a person of
freedom of movement without the person’s
consent and without privilege.

Privilege is present if the
police have probable cause.
                                  DEFAMATION
When a false statement injures a
person’s reputation.
Legally defamatory:
      1. False
      2. Communicated to a third person
      3. Bring the victim into disrepute,
       contempt, or ridicule by others.

   If defamation is spoken, it is slander.
   If the defamation is written or printed, it is libel.
                 INVASION OF PRIVACY
Invasion of privacy the unlawful intrusion
into one’s private life so as to cause outrage,
mental suffering, or humiliation.


Exceptions: Politicians, Actors, People in
the news, police tapping telephone lines
                    TRESPASS TO LAND
• The tort of trespass to land is intentional
  entry onto the property of another
  without the owner’s consent.
  – Even if they are mistaken

• Trespass may also include dumping trash
 on the land or breaking the windows of a
 neighbor’s house.
                            CONVERSION
Conversion (steal property and sell it)
 occurs if:
  1. The property is stolen or destroyed

  2. A thief is always a converter

  3. Conversion occurs even when the converter
     (pawn shop owner) does not know that there is
     a conversion.
          INTERFERENCE WITH
      CONTRACTUAL RELATIONS

Occurs when a third party encourages a
breach of contract.
                                  FRAUD
• Fraud occurs when there is an
 intentional misrepresentation of an
 existing, important fact.

• The misrepresentation must be
  – relied on
  – cause financial injury

• Opinions DO NOT count.
                WHAT IS NEGLIGENCE?
Negligence is the most common tort.
 Intent is NOT required, only
 carelessness.

1. Duty – “Reasonable Person Standard”
  Under 7 years old, 7 and older
2. Breach of duty
3. Causation and injury
      Defenses to Negligence
• Contributory Negligence

• Comparative Negligence

• Assumption of Risk
      WHAT IS STRICT LIABILITY?
• A defendant is not negligent but is liable
• Makes the defendant liable if he/she is
  involved in activities that cause injury
  – Dangerous Activities
  – Dangerous Animals
  – Sale of goods that are unreasonably
    dangerous
LESSON 6-3


                              Civil Procedure

•Discuss what damages are available
 to victims of torts
•Explain the various stages of a civil
 suit


                  Chapter 6                     20
                      WHAT CAN A TORT
                      VICTIM COLLECT?
• An injunction may be issued to prevent a tort.

• The usual remedy for a tort is damages
  (money) to make the person financially whole.
  Actual or Compensatory

• Punitive Damages – additional money to
  punish the offender.
                      HOW IS A CIVIL
                        CASE TRIED?
• Judges always decide issues of law and
  may decide issues of fact.
• Juries (People) decide issues of fact.
                   KEY TERMS USED
• Evidence
                    IN A CIVIL CASE
                     Valentine’s Sweep
• Testimony
• Witness
• Subpoena – (Written order for a witness
  to appear in court – failure to appear is
  contempt of court)
• Verdict – Jury’s Decision
• Judgment – Judge’s Decision
                         HOW IS A
              JUDGMENT SATISFIED?
• The defendant will pay the damages
  (money) determined by the judge.

• If the defendant does not pay then:
  A writ of execution is obtained to:
 Seize and sell and take property, cars, savings
 account

				
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