Torts and Law: Class 1 Lecture Notes

Introduction to Law

  • The Perry Mason video clip showcases murder mysteries, typically a focus of criminal law.

  • Criminal law: Concerned with disturbances or offenses against public peace; punishes individuals who disrupt the peace.

  • Tort law: A subfield of civil law that addresses wrongful acts resulting in injury or damage to individuals.

    • In a tort case, one party (the plaintiff) sues another (the defendant) for damages.

Defining Torts

  • Tort: A wrongful act, other than a breach of contract, that leads to injury to another party's person, property, dignity, or reputation, recognized as a legitimate basis for liability by statutory or common law.

    • Torts = Law of civil wrongs.

Distinctions in Legal Cases

  1. Civil vs. Criminal Cases:

    • Parties Involved:

      • Plaintiff (in tort action) vs. Prosecutor (in criminal action).

    • Possible Outcomes:

      • Liability (tort) vs. Guilt (criminal).

    • Standard of Proof:

      • Civil: Preponderance of the evidence (more likely than not, usually >50%).

      • Criminal: Beyond a reasonable doubt (often viewed as 90-95% certainty).

    • Consequences for Defendant:

      • Civil damages vs. Criminal penalties (imprisonment, fines, or even death).

    • Procedural Rules:

      • Governed by civil procedure vs. criminal procedure.

Examples of Distinctions

  • O.J. Simpson Case:

    • Criminal Trial:

      • People of the State of California v. Simpson - acquitted (not guilty).

    • Civil Trial:

      • Goldman v. Simpson - found liable for wrongful death.

Sources of Law

  • Common Law: Judge-made law, primarily based on court decisions and precedents in tort law.

  • Statutory Law: Laws passed by legislative bodies (Congress, state legislatures, etc.).

    • Statutes may allow for private causes of action (e.g., employment discrimination law).

    • Some statutes ratify common law rules; others may modify or reject them.

Tort vs. Contract Law

  • Contract Law: Governs agreements and enforceable promises.

  • Key Distinction:

    • Torts involve wrongful acts without prior agreement (e.g., accidental bodily harm).

    • Contracts involve agreed-upon obligations (e.g., transporting goods).

Combining Tort and Contract Claims

  • Plaintiffs may combine tort and contract claims in one civil suit (e.g., defective products).

Introduction to Legal Systems in the U.S.

  • Federal vs. State Law:

    • Two legal systems: federal government law and state law, each with independent jurisdictions.

      • Federal government limited to powers enumerated in the Constitution; state laws can address public health, safety, and welfare.

    • Federal law is primarily statutory, while states have common law (judge-made laws).

    • Common and statutory law may exist together; states can create statutes to modify or adopt common law principles.

Understanding Tort Law

  • Tort law addresses civil wrongs and allows for damages when harm is proven.

  • Elements of a Tort:

    1. Duty: Legal obligation to act with reasonable care towards others.

    2. Breach of Duty: Failure to meet established duty.

    3. Causation:

      • Two types:

      • Actual cause (cause in fact) and proximate cause (legal cause).

    4. Damages: Must be measurable, typically in monetary terms.

Establishing a Prima Facie Case in Tort Law

  • Plaintiff must establish all four elements to prove a tort occurred.

    • If any element is missing, the plaintiff cannot recover damages.

Example of Tort Application

  • Medical Negligence:

    • Breach of duty occurs (e.g., leaving surgical instruments inside a patient), but if no harm results, liability may not be established.

Conclusion

  • Tort law is civil, not criminal; allows lawsuits between parties for compensation due to harm.

  • Understanding the nuances of tort law, alongside civil and statutory distinctions, is foundational for later legal study and practice.