Intro to Civil Law

Tort

Civil wrong committed by one person against another

Tort law

Rules the govern civil laws

When do torts occurs

When one person causes injury to another's property or reputation

Plaintiff

Injured party bringing action against alleged wrongdoer

Defendant

Person against whom claim is made

Remedy

Compensation for injury or enforce what is right

Damages

Money asked for by court order for injuries or losses suffered

Liability

Failure to use reasonable care, resulting in harm

Society sets up expectations for

Reasonable care

Wrongful act

Unreasonable behavior violating duty to others

Example of wrongful act

Doing something not supposed to, and failing to do what is expected

Settlement

Agreement between two sides in lawsuit ending dispute before trial

Where do torts trace back to

Medieval europe

Common law

Court decisions that established precedents

Torts change

Reflect new technology and values

What are the types of torts

Intentional torts, negligence, strict liability

Intentional wrongs

Action taken to deliberately harm another person/property

Negligence

Failure to use reasonable care causes harm (Most common)

Strict Liability

Legal responsibility for damage or injury even if not fault

Tort Law=Civil Law

Disputes between individuals

Can torts be a crime

Yes

Criminal case are brought?

To the state

Where do victims go for torts?

Sue in civil court

Preponderance of Evidence

More than 50% of evidence must favor winning party

Who can be sued?

Anyone

Who do the plaintiffs go for?

The defendant with the most money

Who do people sue for when they get hurt at the business?

Sue employers for torts by employees

Can kids commit torts?

Yes

How do you sue kids?

Sue parents and prove unreasonable for their age

Class action

Lawsuit brought on by one or more persons on behalf of larger group

Attorney

Handle filing of legal papers negotiations, and trial

Contingency Fee

Lawyer receives portion of recovery, not hourly fee

Courts are

Time consuming and expensive

What are different settlements?

Negotiation, and mediation

Negotiation

Informally working out a solution to a dispute

How are most torts settled?

Negotiation

Mediation

Talk through neutral third party

What are some things that manage conflicts?

Listen carefully, listen to other side, not feelings, just facts

Liability insurance

Coverage that pays for injuries or damage to property if the insured individual is responsible

Premiums

Payments made for coverage in insurance

Malpractice

Professional service provided in negligent manner

What does liability insurance cover

Doctors, lawyers

What does liability insurance cover

Accidents not intentional harm

How many car accidents per year

7 million

How many car deaths per year

40,000

Medical coverage

Pays for your own medical expenses and passengers in your car

Collision Coverage

Pays for damages to your car even if it was your fault

Deductible

Amount you pay before insurance does

Comprehend coverage

Protects from non-collision damaged

Uninsured motorist coverage

Protection from drivers that don't have insurance

No-Fault insurance

Company will pay certain amount, regardless of who is at fault

Workers compensation

System that compensates employees injured on job

What do you get for workers comp?

Receive portion of salary while in recovery

What conditions are there if workers compensation is denied?

Employee intoxication, and refusal to follow safety rules

Exclusive remedy

The only compensation available to plaintiff (the worker)

Intentional torts

Action taken deliberately to cause harm

What are some intentional torts

Injury to persons, harm property

Compensatory damages

Money defense is required to pay plaintiff for harm

Nominal damages

Symbolic awards of money to show defendant was wrong

Punitive damages

Awards in excess of proven loss; done to warn other to not engage in such conduct

Battery

Intentional physical contact inflicted without consent

Assault

Intentional threat that places victim in fear of immediate harm

Consent

Most common defense to battery

What must consent be

Written, spoken, or assumed based on situation

Self-Defense

Right to defend oneself with whatever force necessary

Infliction or emotional distress

Defendant purposely engages in action that causes extreme emotional harm

What does a defendant have to do to have done infliction of emotional distress?

Conduct is outrageous

False imprisonment

Intentional or wrongful confinement of someone against their will

Want can people do to shoplifters

Detian temporarily, but no more than reasonable to protect property

Defamation

Written and spoken expression that is false and damages reputation

Slander

Spoken expression that is false

Libel

Written expression that is false

How to defend defamation?

Proving offense statement is true

Is it easy for public figures to win damages against media

No

Real property

Land and all items attached to it

Treapass

Going into another property without permission

Nuisance

Unreasonable interference with use of and enjoyment of your property

Injunction

Court order requiring person to do or avoid doing a certain act

Attractive nuisance doctrine

If something is present that attracts children property owner must use reasonable care to protect injury

Personal Property

Property or belongings that can be moved

Conversation

Taking of another's property without consent; defendant forced to pay monetary value

Negligence

Conduct falling below standards set by law

What are elements of neglect

Duty, breach of duty, causation, damages

Duty

Defendant owed duty of care to plaintiff

Breach of duty

Duty was violated

Causation

Conduct caused harm

Damages

Plaintiff suffered damages

Duty and breach

People have a general duty to exercise reasonable care

Negligence law

Compensates victims harmed by wrongdoers action/inaction

Cause in fact

Proof plaintiff would not have been harmed if defendant didn't act wrongful

Proximate cause

The legal cause of the harm

Foreseeable harm

Would have been reasonably predictable based on defendants acts

What can people seek damages for

Pain suffering mental harm and permanent physical loss

Reasonable person standard

Idealized version of person representing a way community expects person to act

Contributory negligence

Determined that plaintiff and defendant share fault for negligence

Can a plaintiff sue with contributory negligence

Plaintiff can't recover damages

Comparative negligence

Plaintiff was partly at fault and doesn't deserve full compensation

Counterclaim

Made by defendant against plaintiff in civil lawsuit

What happens to plaintiff in counterclaims

Plaintiff may get reduced or no damages if proven

Assumption of risk

Plaintiff is considered to have voluntarily accepted a know risk/danger