Chapter 5. Civil Law and Procedure

Transcription

1 Chapter 5 Civil Law and Procedure

2 Section 1 Private Injuries vs. Public Offenses

3 To support his family, and still pursue a college education. JJ worked for a delivery service from 3:30 a.m. until his college classes began at 9 a.m. every weekday morning. He then student taught as a basketball coach after classes. Returning home each evening he would care for his children until his wife finished her workday at 10 p.m. Early one morning, JJ fell asleep at the wheel of the delivery truck and crashed it into an oncoming car. JJ and the other driver, Shirley were seriously injured and the vehicles were totaled. Does JJ s conduct represent a criminal or civil wrong, or both? 3

4 GOALS Distinguish a crime from a tort Identify the 4 elements of torts Explain why one person may be responsible for another s tort 4

5 Private Injuries vs. Public Offenses Crime = against society Tort: private, civil wrong If someone commits a tort, the person injured as a result can sue and receive damages (monetary award). One act can be both a tort and a crime. 5

6 On a windy autumn day, Mason was burning dry leaves in his backyard. When he went inside to answer a telephone call, flames from the fire leaped to the next-door neighbor s fence and then to a tool shed where a small can of gasoline exploded. Soon the neighbor s house was ablaze, and it burned to the ground. Did Mason commit a tort? 6

7 Elements of a Tort In a trial, these 4 elements must be proved to establish liability (legal responsibility): Duty (responsibility) to do or not to do Breach (violation of duty) Injury (a harm that is recognized by the law) Causation (proof that the breach caused the injury) 7

8 Duty Duties created by Tort law: Duty not to physically, emotionally, or psychologically injure another. Duty not to interfere with the property rights of others (trespassing) Duty not to interfere with the economic rights of others 8

9 Breach A breach (violation) of duty must be proved before the injured party can collect damages. Many torts acknowledge a breach only when the defendant possess a certain mental state at the time of the breach. Intentional torts: the breach was intended In other torts, intent is not needed. 9

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11 Injury No injury, No tort *Injury can be physical, mental, financial, emotional, etc. 11

12 Causation Breach caused the injury Your boo boo caused this boo boo 12

13 Section 2 Intentional Tort, Negligence, and Strict Liability

14 GOALS Identify common intentional tort Recognize the elements of negligence Explain the basis for strict liability 14

15 9 Most Common Intentional Torts Intentional Tort: the defendant possessed the intent or purpose to inflict the injury. 1. Assault: threat made with words or gestures. The threat must be believable. 2. Battery:intentionally, physically harming another. Ex: pushing in anger, spitting on, throwing a pie in someone s face. If there is no intent, then it is just assault. Assault 1 st then battery. 15

16 3. False Imprisonment Definition: Intentionally confining someone against their will and w/o lawful privilege. Example: Police arrest someone, put them in jail and find out they did not commit the crime, they got the wrong guy. 16

17 4. Defamation Definition: False statement about a person s reputation. The statement must: 1. Be false 2. Be communicated to a 3 rd party 3. Have the victim be ridiculed by others. In slander suits, you must show that you have suffered an actual physical loss, or damages, an a result of the slanderous remark. 17

18 5. Invasion of Privacy Definition: Unwelcome and unlawful intrusion into a person s personal relationship and activities. Examples: Endorsement without permission. Hidden Cameras in restrooms for personal purposes Illegal eavesdropping Opening someone else s mail. 18

19 6. Trespass To Land Definition: Being on someone else s property intentionally without the owner s permission. Example: Dumping garbage on your neighbor s yard. There must be intention in order for trespassing to occur. 19

20 7. Conversion Definition: Stealing, destroying, or using someone else s property not the way the owner intended for it to be used. 20

21 8. Interference with Contractual Relations You can get out of a contract as long as you agree to go pay for your part. Example: You have a 2yr cell phone contract and want get out of the agreement. As long as you pay for the termination fee, you can breach (break/violate) your contract. 21

22 9. Fraud Definition: Intentional misrepresentation of an existing important fact. Example: Credit Card Fraud Contract Fraud 22

23 What Constitutes Negligence? Negligence is the most common tort. Carelessness, not intent, is only required for it. Carelessness must be proven through: Duty Breach of duty Injury Causation 23

24 Britt was driving home late one rainy night after drinking alcohol all evening. With only one working headlight, she raced down residential streets at speeds up to 50 miles per hour. Meanwhile, Terry was slowly backing her station wagon out of her driveway, but she failed to look both ways when she should have. Britt rammed into the right rear end of Terry s car. Terry s station wagon was badly damaged, and she was injured. Can Terry collect from Britt? 24

25 *Duty Imposed by Negligence How would a reasonable person behave under the circumstance? Children under 7 are not held responsible. Older children are only required to act as they would at that age. *If a child undertakes an adult activity, they are held to an adult standard. 25

26 *Breach of Duty In negligence, breach of duty considers whether a reasonable person would break the responsibility. 26

27 *Injury and *Causation In negligence, was the party hurt? And was there proof that the breach caused the injury? 27

28 Contributory Negligence Depending on the state you live if, if both the plaintiff and the defendant are both at fault, then no one can recover any damages. 28

29 Comparative Negligence In some states, if both the plaintiff and the defendant are both at fault, but the defendant is more at fault, the plaintiff is award damages at a reduction. 29

30 Assumption of Risk You are aware of the danger, but still continue with it anyways. When you become injured, you CANNOT collect any damages. *Slippery When Wet 30

31 Hilary went to a grocery store and placed a carton of a soft drink into her shopping cart. One of the bottles exploded and the broken glass cut her leg. Can she collect in court from the grocery store or the bottler? 31

32 Strict Liability You are liable even though you didn t hurt anyone. Ex: You own a dog and the dog bites someone. 32

33 Section 3 Civil Procedure

34 GOALS State the legal remedies that are available to a tort victim Describe the procedure used to try a civil case Explain how civil damages are collected 34

35 Remedies of a Civil Lawsuit Injunction: Court order for a person to do or not to do a particular act. Damages (actual or compensatory): Monetary award to the injured party to compensate (makeup) for loss. Purpose: To place the injured party in the same financial position as if the injury had not occurred. Jury decides the amount. *Contingency fee-percent of damages that goes to the attorney fee. 35

36 Bill, the owner of a dry cleaning store, lived next door to Emily, who was the editor of a small newspaper in their town. The two quarreled frequently and became enemies. As a consequence, when Emily published a story on the drug problem in the town, she identified Bill as a drug dealer. This statement was not true and defamatory. What kind of damages could Bill collect from Emily in a lawsuit? 36

37 Procedures used in Civil Cases A judge s job is to decide on the issues of law. A jury s job is to determine the facts. Decision does NOT have to be unanimous. When there is no jury, the judge does both jobs. 37

38 Damages Compensative damages an award equal to the amount lost. Punitive damages an award as punishment to deter others from doing it. 38

39 Opening Statements and Testimony Opening statements outline what the plaintiff and defendant are trying to prove. Evidence is then presented. Written documents Records Charts, sobriety test results Photographs *Testimony (most common) 39

40 Testimony written statement by a witness Witness- person who has personal knowledge of the facts. Subpoena- court order to testify in court (teachers attendance records can be subpoenaed to court) 40

41 Closing Arguments and Instructions to the Jury After the evidence is presented, each attorney summarizes the case and tries to persuade the jury or judge to favor their side. The judge then gives instructions to the jury to look only to the facts and then apply those facts to the rule of law in this case. 41

42 Jury Deliberation and the Verdict Jury votes on a decision. The verdict is read to the judge. The judge renders a judgment. 42

43 How are Damages Collected? If the plaintiff wins, the defendant pays. If the defendant does not pay, a writ of execution is ordered. Then the court seizes or sells the defendant s property to pay for the damages. 43