Unit 3: Civil Law

crime

offense against society

tort

offense against an individual; person injured (plaintiff) can sue and obtain judgements from jury; can be intentional or negligent

differences between crime and tort

civil = 1v1 (for damages); defendant owes plaintiff; burden of proof; only need 51% of jury to agree to win

4 elements of a tort

duty, violation of duty, injury, and causation

duty

legal obligation to do something; includes the following: not to injure a person or their property, reputation or privacy AND not to interfere with property rights of others AND not to interfere with economic rights of others

violation of duty (breach)

must be proved before injured party collects damages; some torts require certain mental state (intention to harm); includes intentional torts and negligence

injury

a harm that is recognized by the law; results from breach of duty and must be proved; no ____ = no case

causation

proof that the breach caused injury; includes proximate cause

proximate cause

when the amount of causation is great enough to be recognized by the law; exists when it's reasonably foreseeable that a breach of duty will result in injury

master-servant rule

holds the master (employer) liable for the conduct of the servant (employee); type of vicarious liability

vicarious liability

very few exceptions when parents aren't liable for their kids' torts; some states make parents liable; most states make parents pay for the financial liability laws for damages by their children driving; doesn't count when child engages in adult activities (EX: driving)

intentional tort

the defendant intended to inflict harm by their action; negligence or strict liability don't require intent; EX: assault, battery, defamation, false imprisonment

damages

monetary award intended to compensate the injured party for the harm done to them; can be compensatory or punitive

negligence

a tort where harm occurred as the result of neglect or carelessness of the defendant; opposite of intentional tort; intent to harm is not required; degree of care varies; adult activity = adult standard; kids <7yrs are incapable of ____; older kids are required to act with care that a child of like age, IQ, and experience would act

res ipsa loquitur

"the act speaks for itself"; allows court to presume (without being shown proof) a violation of the tort duty as the action couldn't have occurred without it

repondeat superior

the employer accountable for the acts of the employee can be held liable for the negligence of its employee

assault

occurs when one person intentionally threatens to physically or offensively injure another; must be believable (ability to carry it out); precedes battery; EX: sexual assault

battery

occurs when one person intentionally touches another in an offensive way; assault usually precedes this; if act is justified = self defense; EX: sexual assault

false imprisonment

depriving a person of freedom of movement without the person's consent and privilege; store owners have privilege to detain if reasonable belief person shoplifted

defamation

false statements about a person that injures one's reputation; includes libel and slander; includes 4 legal components

4 components of defamation

must be false, be communicated to a 3rd party, brings the victim into shame or ridicule by others, and excludes statements about public officials/celebrities

libel

false statement written or printed

slander

false statement spoken

invasion of privacy

unwelcome or unlawful intrusion into one's life so as to cause outrage, mental suffering, or humiliation; includes freedom from unnecessary publicity regarding personal matters; not defamation since statement is true; SCOTUS = reasonable "expectation of privacy"

intentional infliction of emotional distress

requires an intentional or reckless act by the defendant that is outrageous or extreme and causes victim to suffer severe emotional distress; psychologist is required; covers gap between assault and battery

trespass to land

entry onto the property of another without owner's consent; intent is required; EX: littering

conversion

people's personal property gives them the right to control it; is violated if property is stolen, destroyed, or used in a manner inconsistent with owner's rights; thief and innocent buyer = converter

interference with contractual relations

if a 3rd party entices or encourages a breach of contract, the 3rd party is liable for a tort; 3rd party must enter contract

fraud

occurs when there is an intentional misrepresentation of an existing important fact; misrepresentation must be relied on; must cause financial injury; opinions aren't ____ (they are "puffery")

duty imposed by negligence

apply reasonable-person standard; act with care, prudence, and judgment

breach of duty - negligence

reasonable-person standard defines duty;; what a reasonable person would do in that scenario

causation and injury - negligence

violation of duty must be proximate cause

4 defenses to negligence

contributory negligence, comparative negligence, assumption of risk, and strict liability

contributory negligence

occurs when the plaintiff's own negligence was a partial cause of the injury

comparative negligence

applies when a plaintiff is partially at fault; plaintiff is awarded damages but they are reduced based on the proportion of their own negligence; plaintiff and defendant are awarded damages; some states don't allow a plaintiff to recover damages if more at fault than the defendant

assumption of risk

occurs when the plaintiffs are aware of a danger, but decide to subject themselves to the risk

strict liability

liability that exists even though the defendant was not negligent; includes the ownership of dangerous animals, engagement in dangerous activities, and selling dangerous goods/services

importance of strict liability

without it, the victim might not receive any compensation because negligence could be difficult to prove

statutes of repose

also known as "non-claim statutes"; cut off right to sue for defects in design and manufacturing of products after a certain time (typically 10-12 years)

remedies available in a civil suit

injunction and damages

injunction

court order for a person to do/not to do an act; may be issued to prevent a private injury, to stop its continuation, or to undo it

compensatory damages

meant to be place the injured party in the position they were in prior to the injury/loss; sum of injured party's lost wages, doctor's fees, and a monetary amount to compensate for the injured party's pain/suffering

punitive damages

only awarded in intentional court cases; meant to punish the person who inflicted the injury; set by trier of fact at amount that would accomplish punishment; don't compensate the plantiff

elements of case initiation

complain, summons, answer, discovery

pleadings

sequence of motions, answer to motions, and other maneuvers that narrow the issues to be resolved at trial; include complaint and answer; if defendant doesn't answer complaint in a timely fashion, default judgment will be entered by the court against them

jury

selected the same as a criminal trial; decides issues of fact; 6-12 citizens (not unanimous)

judge

decides issues of law; when no jury, decides issues of law and fact

instructions

given by the judge to the jury to tell them the rules of law and issues of fact they must decide

appeals can be filed if…

incorrect instructions to the jury, admission of evidence that should have been rejected, and exclusion of evidence that should have been admitted

writ of execution

a process by which a judgement for money is enforced; is defendant doesn't pay the judgment; property can be seized or proceeds are used to pay judgment

preponderance of evidence

greater or more convincing evidence; each juror must determine whether this supports the plaintiffs case; significantly lower standard than "beyond a reasonable doubt"; majority = 51%+

plaintiff

the party that files the complaint with a court with jurisdiction

complaint

plaintiff makes allegations which detail the injury they received at the hand of the defendant and asks for appropriate relief typically in the form of a monetary amount of damages and/or injunction; served along with summons

summons

a court order to appear in court and answer the complaint

answer

a legal document containing the defendant's responses to the complaint's allegations; filed after defendant acquires an attorney and appears

discovery

involves taking sworn statements (depositions) from parties and witnesses conducting physical exams of the parties and written questions that must be answered (interrogatories) to involved parties; occurs after defendant answers complaint

evidence

includes anything that the judge allows to be presented to the jury that helps to prove or disprove the allegations; plaintiff 1st, defendant 2nd; consists of testimony, documents, records, charts, pics, and etc

testimony

consists of statements made by witnesses under oath; most common form of evidence

witness

someone who has personal knowledge of the facts; summoned by a subpoena

expert witness

posses superior knowledge about important facts

subpeona

written order by the judge commanding a person to appear, give testimony, and present documentary and/or physical evidence; failure to = contempt of court

verdict

jury's decision; typically 10/12 or 5/6 in favor

judgment

final results of trial; rendered by judge after verdict returned; defendant wins = "_____ for the defendant"

contingency fee

an attorney's fee as a percentage of the ultimate recovery of damages; typical = 25%; won at trial = 33%; appeal win = 40%