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Tort Law

-A crime is an offense against the public at large and is punishable by the government

-A tort is a private wrong committed by one person against another. 

-One person's interference with another person’s rights

-It will lead the wronged party to seek compensation for the loss.

Civil Actions:

  • Brought by private citizens

  • Person bringing action is known as the plaintiff 

  • Plaintiff has the burden of proof-preponderance of the evidence

  • Defendant loses if found liable

  • Usual penalty is money damages

Intentional Torts:

Intentional tort occurs when a person knows and desires the consequences of his or her act.

Unintentional torts occur when the person does not have this mental determination


Intent: the first essential element of any intentional tort. If there is no intent, there is no intentional tort. Intent, as used in tort law, does not require a hostile or evil motive.


Nuisance: the tort of nuisance is anything that interferes with the enjoyment of life and property

  •  Loud noises at night

  • Noxious odors

  • Smoke or fumes coming from nearby houses


Defamation: the wrongful act of injuring someones reputation 

Categories of Defamation

  • Libel

  • Slander

You can sue if the permanent statement 

  • Damages your reputation

  • Is false

  • Is communicated to as least one other person


Invasion of privacy

Invasion of property is interfering with a person’s right to be left alone

Includes right to be free from unwanted publicity and interfering with private matters


Damages: 

There are two aspects of damages that must be considered: actual, physical harm and the monetary values ascribed to those harms


The first aspect is straightforward- show that you suffered actual injury (broken arm, burned down house ect)

Once you prove the actual, physical harm, the second aspect of damages comes into play: “Money claimed by, or ordered to be paid to, a person as compensation for loss or injury”


Negligent Torts: Damages

The basic idea of damages is fairly simple: All injuries can be reduced to a monetary amount


The real difficulty comes in calculating damages. For example, it is pretty easy to figure out how much a totaled car is worth, but its not so easy to figure out how much eyesight is worth.


LH

Tort Law

-A crime is an offense against the public at large and is punishable by the government

-A tort is a private wrong committed by one person against another. 

-One person's interference with another person’s rights

-It will lead the wronged party to seek compensation for the loss.

Civil Actions:

  • Brought by private citizens

  • Person bringing action is known as the plaintiff 

  • Plaintiff has the burden of proof-preponderance of the evidence

  • Defendant loses if found liable

  • Usual penalty is money damages

Intentional Torts:

Intentional tort occurs when a person knows and desires the consequences of his or her act.

Unintentional torts occur when the person does not have this mental determination


Intent: the first essential element of any intentional tort. If there is no intent, there is no intentional tort. Intent, as used in tort law, does not require a hostile or evil motive.


Nuisance: the tort of nuisance is anything that interferes with the enjoyment of life and property

  •  Loud noises at night

  • Noxious odors

  • Smoke or fumes coming from nearby houses


Defamation: the wrongful act of injuring someones reputation 

Categories of Defamation

  • Libel

  • Slander

You can sue if the permanent statement 

  • Damages your reputation

  • Is false

  • Is communicated to as least one other person


Invasion of privacy

Invasion of property is interfering with a person’s right to be left alone

Includes right to be free from unwanted publicity and interfering with private matters


Damages: 

There are two aspects of damages that must be considered: actual, physical harm and the monetary values ascribed to those harms


The first aspect is straightforward- show that you suffered actual injury (broken arm, burned down house ect)

Once you prove the actual, physical harm, the second aspect of damages comes into play: “Money claimed by, or ordered to be paid to, a person as compensation for loss or injury”


Negligent Torts: Damages

The basic idea of damages is fairly simple: All injuries can be reduced to a monetary amount


The real difficulty comes in calculating damages. For example, it is pretty easy to figure out how much a totaled car is worth, but its not so easy to figure out how much eyesight is worth.


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