CHAPTER 5

Civil Law and Procedure

Crimes v. Torts

Public wrong against society Private wrong against an individual

Elements of a Tort

A. DutyB. Violation of DutyC. InjuryD. Causation

Duty

** Judge determines if duty exists Not to injure

Bodily, reputation, privacy Not to interfere w/ property Not to interfere w/ economic rights

Contract

Violation of Duty

Intentional Intended action; not necessarily intended

result Unintentional

Negligence (carelessness) Reasonable Person Standard

Injury

No injury, no tort

Causation

Proximate Cause Reasonably foreseeable Mrs. Krol’s foot

Vicarious Liability Don’t give your child a gun

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

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

Intentional Torts (cont)

Fraud Misrepresentation of fact Intent to Contract Enter Contract Damages

*** Incorrect opinions are not fraud (West, pg 133)

Negligence

A. Duty Imposed By NegligenceB. Breach of DutyC. Causation and InjuryD. Defenses

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

Defenses to Negligence

Contributory Comparative Assumption of Risk

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

Remedies

Injunction Compensatory Damages Punitive Damages

*** Lawyers often work for a contingency fee.

Civil Procedure

Judge or Jury 6 or 12; not necessarily unanimous

Opening Statements Closing Arguments Instructions to the Jury Jury Deliberation / Verdict / Judgment

Civil Damages Collection

Writ of Execution Seize and sell property Wage garnishment