Transcript Chapter 6: Personal Injury Laws

Chapter 6:
Personal Injury Laws
6-1: Offenses Against Individuals
6-2: Intentional Torts, Negligence, and Strict Liability
6-3: Civil Procedure
6-1: Offenses Against Individuals
Goals:
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Distinguish between a crime from a tort
Discuss the elements of a tort
Explain when a person is responsible for
another’s tort
What is a tort?
Goal 1:
Distinguish between a crime from a
tort
Difference Between
Crimes and Torts
Crime
*Offense against society
*Public wrong
Tort
*Offense against individual
*Injured party can sue and
obtain judgement for
monetary damages
What’s Your Verdict?
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Pg. 89
Did Josephina commit
a crime or tort or both?
Reckless driving
caused Josephina to be
liable both criminally
and civilly
Crime
-Reckless
driving
Tort
-Injured
John and his
property
Goal 2: Discuss the elements of a tort
Elements of a Tort
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Duty
Breach
Injury
Causation
Duty
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Not to injure another
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Not to interfere with property rights of others
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ex. bodily injury, injury to someone’s reputation,
invasion of privacy
ex. trespassing
Not to interfere with economic rights of others
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ex. right to contract
Violation of Duty
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Must be proved before injured party can
collect damages
Can be intentional or unintentional
Can be based on negligence
Injury
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Must be present--
If you act carelessly, but no one is injured, no
tort!
Causation
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Breach of duty caused injury
Degrees of causation
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PROXIMATE CAUSE
Goal 3:
Explain when a person is responsible
for another’s tort
Responsibility for the
Torts of Another

Vicarious Liability
Review
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6-1 Worksheet
6-2: Intentional Torts,
Negligence, and Strict Liability
Goals:
 Identify nine common intentional torts
 Define negligence and strict liability
What is an intentional tort?
Goal 4:
Identify nine common intentional torts
9 Common Intentional Torts
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Assault
Battery
False Imprisonment
Defamation
Invasion of Privacy
Trespass to Land
Conversion
Interference with Contractual Relations
Fraud
Assault
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Threat to physically or offensively injure
another
Threat can be made with words or gestures
Threat must be believable (there must be
ability to carry out)
Battery
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Harmful or offensive touching of another
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Shooting, pushing in anger, spitting on, etc.
Frequently present after assault
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Angrily raising a fist (assault) then punching
someone (battery)
False Imprisonment
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Depriving a person of freedom of movement
without the person’s consent and without
privilege
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Privilege=police
Defamation
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False statement that injures reputation
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Spoken=Slander
Written=Libel
Needs to:
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Be false
Be communicated to 3rd party
Bring victim into disrepute, contempt or ridicule
by others
Invasion of Privacy
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Unlawful and unwelcome intrusion into one’s
private life so as to cause outrage, mental
suffering, or humiliation
Trespass to Land
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Entry onto the property of another without the
owner’s consent
May consist of other forms of interference
with the possession of property
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Dumping garbage on someone’s land
Breaking window’s of neighbor’s house
Conversion
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Using property inconsistently with owner’s
rights
Converters=theives
Interference With
Contractual Relations
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Enticing or encouraging someone to break a
contract
Fraud
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Intentional misrepresentation of an existing
important fact---A LIE!
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A misstatement is generally not fraudulent—
intent is important
Goal 5:
Define negligence and strict liability
Other Torts
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Negligence
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Most common tort
Intent not a requirement (only carelessness)
Involves breach of duty, causation, and injury
Duty and Negligence
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Reasonable-person standard
Violation of duty must be the proximate cause
of injury
Defenses to Negligence
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Contributory negligence
Comparative negligence
Assumption of risk
Strict Liability
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Liability that exists even though defendant
was not negligent
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Proof of activity and injury substitutes for proof
of a violation of duty
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Ex.=target practice, blasting, crop dusting storing
flammable liquids in large quantities, ownership of
dangerous animals
Sale of goods that are unreasonably dangerous
(defective merchandise)
6-2 Review
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Worksheet
6-3: Civil Procedure
Goals:
Discuss what damages are available to victims of torts
Explain the various stages of a civil suit
Goal 6: Discuss what damages are
available to victims of torts
What Can A Tort Victim Collect??
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What are damages?
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Monetary award to compensate for loss
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Actual or Compensatory Damages
Purpose s to place the injured party in same
financial position as if tort had not occurred
What other methods can be used to “pay”
damages other than money?
Damages
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Compensatory
Punitive
Goal 7:
Explain the various stages of a civil suit
Civil Case Trials
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Judges and Juries
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Not always a right to a jury
No jury=judge decides
If a jury is present—6-12 members
Plaintiff
Defendant
Civil Case Proceedings
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Opening Statements
Presentation of Evidence
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Testimony by witnesses
Articles of evidence
Closing Arguments
Jury Instructions
Jury Deliberation
Verdict
Judgement
Satisfying a Judgment
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Defendant pays
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If not, writ of execution can be filed
Review
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6-3 Worksheet
A Civil Action…