Civil Law and Procedure

Size: px
Start display at page:

Download "Civil Law and Procedure"

Transcription

1 Chapter 5 Civil Law and Procedure Business Law Ms. Turner

2 Crime Offense against society

3 Tort Private or civil wrong; offense against an individual Can sue to receive money damages Can be both a crime and a tort

4 Elements of a Tort 1. Duty legal obligation to do or not to do something 1) Not to injure another 2) Not to interfere with property rights of others (Ex. Trespassing) 3) Not to interfere with the economic rights of others (Ex. Right to contract) Judge will decide if duty exists (question of law)

5 Depends on type of tort Elements of a Tort (continued) 2. Breach violation of the duty Question of fact for a jury to decide Certain mental state Tort was intentional (intentional tort) Intent may not be required Based on negligence Carelessness is not required Strict liability intent nor carelessness is required

6 Elements of a Tort (continued) 3. Injury harm recognized by law; if no injury (probably) no tort

7 Elements of a Tort (continued) 4. Causation proof that breach caused the injury Proximate Cause reasonably foreseeable that a breach will result in injury

8 Vicarious Liability When one person is responsible for the torts of another; most commonly by employer for acts by employee Children, minors, and insane may be held responsible for injuring others

9 Parents are usually not liable for torts of their children --- some states make parents liable up to a certain dollar amount Parents are liable if they give children Dangerous InstrumentalItIes (gun without instructions) OR continuing dangerous habits (throwing snowballs and not stopping them)

10 Intentional Torts Defendant intended the injury or act

11 1. Assault 2. Battery Threatening to physically or offensively injure another Ex. Raising a fist... Intentional violation of the duty to not harm or offensively touch another Ex. Punching, spitting on, shooting Not battery if not intentional or if in selfdefense, or if consent is given (boxing)

12 3. False Imprisonment Depriving a person of freedom of movement without person s consent and without privilege Consent agreeing to being confined Suspect sitting in a police car to explain --- prevented from leaving means no consent Privilege justifies imprisonment; probable cause for arrest

13 4. Defamation False statement that endangers another s reputation Slander spoken defamation Libel written or printed defamation Two types of defamation

14 3 Components of Defamation 1. Statement must be FALSE 2. Statement is communicated to a third person 3. Statement brings victim into disrepute, contempt, or ridicule of others Exception: Known to be false when made Statements about public officials or prominent personalities (unless made with malice) Judges, witnesses, lawyers are immune from liability when made during judicial proceedings

15 5. Invasion of Privacy Unwelcome and unlawful intrusion into one s private life so as to cause outrage, mental suffering, or humiliation Can be a TRUE statement Ex. 2-way mirrors in restrooms, illegal eavesdropping with listening device, unauthorized opening of letters,...)

16 Exceptions Wire tap with warrant Public figures give up their right to privacy

17 6. Trespass to Land Entry onto property of another without consent (Ex. Dumping garbage, breaking windows, walking,...) INTENT = being on the land NO INTENT = being thrown on the land

18 7. Conversion People have the right to control possessions and use of personal property If stolen, destroyed, or misused it is conversion A thief is always a converter

19 8. Interference with Contractual Relations When a third party encourages a breach liable to non-breaching party

20 9. The F-Word Fraud Intentional misrepresentation of important (material) fact (lie) Opinion is NOT fraud

21 Negligence Reasonable Person Standard Most common tort intent is NOT required; carelessness IS Under 7, NOT negligent If involved in an adult activity, held as an adult Contractors are held at a higher standard

22 Defenses to Negligence 1) Contributory Negligence Plaintiff cannot recover if partly negligent 2) Comparative Negligence Plaintiff and defendant are awarded damages in proportion to their responsibility Assumption of Risk If the plaintiff is aware of danger and proceeds anyway, he/she cannot recover

23 Strict Liability Proof of both the activity and the injury substitutes for proof of breach of duty; even when NOT negligent Dangerous activities Wild animal ownership Sale of goods that are unreasonably dangerous If defect, seller and manufacturer are BOTH liable

24 Damages Victims of Torts can Recover 1. Injunction Order to do or not do something; can prevent a tort 2. Damages Money awarded to injured party; puts victim in the same financial position as before the tort

25 Types of Damages 1. Actual or Compensatory Damages Jury usually decides and can include pain and suffering, lost wages, etc. 2. Punitive Damages Always available when there is an intentional tort; punishes the defendant as an example to others

26 FYI Lawyers usually get a contingency fee: 25% before trial 33% during the trial (won) 40% if won during appeal

27 Trying a Civil Case Judge Decides issues of law Jury (not always a right in a civil trial) Decides issues of fact If no jury, judge decides issues of law AND fact In civil trials, vote does not have to be unanimous

28 Steps in a Civil Trial 1. Opening statements 2. Evidence is presented 3. Testimony by witnesses subpoena may be issued for witness to appear failure to show is contempt 4. Closing statements 5. Instructions to jury 6. Jury deliberation determine if a preponderance of the evidence (51%) supports plaintiff s case 7. Verdict 8. Judgment judge final result of the trial

29 Satisfying a Judgment When judgment is final, defendant pays plaintiff Writ of Execution Issued if defendant does not pay Property can be sold, saving taken, etc proceeds used to pay judgment

Personal Injury Laws

Personal Injury Laws CHAPTER 6 Chapter 6 Slide 1 Personal Injury Laws Lessons 6-1 Offenses Against Individuals 6-2 Intentional Torts, Negligence, and Strict Liability 6-3 Civil Procedure LESSON 6-1 Chapter 6 Slide 2 Offenses

More information

An act can be both a crime and a tort. Example reckless driving resulting in an accident

An act can be both a crime and a tort. Example reckless driving resulting in an accident How Do Crimes and Torts Differ? A crime is an offense against society. It is a public wrong. A tort is a private or civil wrong. It is an offense against an individual. If someone commits a tort, the person

More information

CHAPTER 6: PERSONAL INJURY LAWS

CHAPTER 6: PERSONAL INJURY LAWS CHAPTER 6: PERSONAL INJURY LAWS HOW DO CRIMES AND TORTS DIFFER? torta private or civil wrong against an individual. When a tort happens, the injured person can sue and get a judgment for money damages

More information

Chapter 4 Crimes (Review)

Chapter 4 Crimes (Review) Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.

More information

Chapter 11 Torts in the Business Environment

Chapter 11 Torts in the Business Environment Chapter 11 Torts in the Business Environment Tort a civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another. Two notions serve as the

More information

Chapter 7 Tort Law and Product Liability

Chapter 7 Tort Law and Product Liability Chapter 7 Tort Law and Product Liability Chapter Outline 1. Introduction 2. The Basis of Tort Law 3. Intentional Torts 4. Negligence 5. Cyber Torts: Defamation Online 6. Strict Liability 7. Product Liability

More information

UNIT 2 TORT LAW. wrong committed by from the French word meaning. Someone has suffered an personal injury through 1) ; 2) ; 3).

UNIT 2 TORT LAW. wrong committed by from the French word meaning. Someone has suffered an personal injury through 1) ; 2) ; 3). UNIT 2 TORT LAW 1 OBJECTIVE: DIFFERENTIATE BETWEEN CRIMES AND TORTS AND DEVELOP A STUDENT UNDERSTANDING OF NEGLIGENCE. NBEA STANDARD I: DIFFERENTIATE BETWEEN CLASSIFICATIONS OF PROCEDURAL LAW, AND DIFFERENT

More information

MERCER COUNTY COMMUNITY COLLEGE COURSE OUTLINE

MERCER COUNTY COMMUNITY COLLEGE COURSE OUTLINE MERCER COUNTY COMMUNITY COLLEGE COURSE OUTLINE Course Number Course Title Credits LEG 130 Civil Litigation I 3 Hours: Lecture/Lab/ Others 3/0/0 Pre-Requisites: None Catalog Description (2011-2013 Catalog)

More information

Canadian Law 12 Negligence and Other Torts

Canadian Law 12 Negligence and Other Torts Canadian Law 12 Negligence and Other Torts What is Negligence? Someone who commits a careless act that creates harm to another person is negligent. Over the past several years, negligence has become the

More information

Session 30. Tort Law 2 Negligence and intent

Session 30. Tort Law 2 Negligence and intent Session 30 Tort Law 2 Negligence and intent Negligence and intent Negligence occurs when the following three conditions are satisfied The action is unintentional The action is unplanned An injury results

More information

Professional Practice 544

Professional Practice 544 February 15, 2016 Professional Practice 544 Tort Law and Insurance Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP.

More information

Ethical dilemma in professional practice. By Muhammad Iqbal

Ethical dilemma in professional practice. By Muhammad Iqbal Ethical dilemma in professional practice By Muhammad Iqbal Nursing Ethics: Unit-VII Objectives Define dilemma and professional obligation Identify common areas of negligence and nurses liability in these

More information

Lesson Essential Questions: Identify the sources of law and how conflicts between them are resolved.

Lesson Essential Questions: Identify the sources of law and how conflicts between them are resolved. EAST PENNSBORO AREA SCHOOL DISTRICT COURSE: Business Law Unit: Laws and Their Ethical Foundation Days: 15 Subject(s): Business Law Grade(s): 11-12 Key Learning(s): Understand the importance of laws in

More information

SPORTS LAW TERMS AND DEFINITIONS

SPORTS LAW TERMS AND DEFINITIONS SPORTS LAW TERMS AND DEFINITIONS A Agreement to Participate. A document used to inform sports, recreation and fitness participants of the nature of an activity, the risks involved, and the behaviors expected

More information

Minnesota Personal Injury Law: Car Accidents

Minnesota Personal Injury Law: Car Accidents 2009 Minnesota Car Accidents Laws/Statutes Statutes are laws that apply to all citizens and cover a variety of topics, including the following: the legislature, the executive branch, state departments,

More information

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. General Principles of Liability

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. General Principles of Liability Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: General Principles of Liability 1.1 Introduction 1.2 Interests protected 1.3 The mental element in tort 1.3.1 Malice

More information

PELLISSIPPI STATE TECHNICAL COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100

PELLISSIPPI STATE TECHNICAL COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100 PELLISSIPPI STATE TECHNICAL COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100 Class Hours: 3.0 Credit Hours: 3.0 Laboratory Hours: 0.0 Revised: Spring 07 NOTE: This course is not designed for transfer credit.

More information

Torts Copyright July, 2006 State Bar of California

Torts Copyright July, 2006 State Bar of California Torts Copyright July, 2006 State Bar of California After paying for his gasoline at Delta Gas, Paul decided to buy two 75-cent candy bars. The Delta Gas store clerk, Clerk, was talking on the telephone,

More information

The In s and Out s of School Law: What You Need to Know. Dr. Lee Banton, Professor Emeritus

The In s and Out s of School Law: What You Need to Know. Dr. Lee Banton, Professor Emeritus The In s and Out s of School Law: What You Need to Know Dr. Lee Banton, Professor Emeritus The very first act of a teacher is signing a legal document the contract! Read, study and understand the contract

More information

MODULE E. Objectives. Laws. Laws and Ethics. N.C. Nurse Aide I Curriculum. Are rules made by the government to help protect the public

MODULE E. Objectives. Laws. Laws and Ethics. N.C. Nurse Aide I Curriculum. Are rules made by the government to help protect the public DHSR/HCPR/CARE NAT I Curriculum - July 2013 1 N.C. Nurse Aide I Curriculum MODULE E Laws and Ethics Objectives Describe ethical conduct. Describe a resident s rights in the nursing home. Give examples

More information

PELLISSIPPI STATE COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100. College-level competencies in logic, reading, and English are required.

PELLISSIPPI STATE COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100. College-level competencies in logic, reading, and English are required. PELLISSIPPI STATE COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100 Class Hours: 3.0 Credit Hours: 3.0 Laboratory Hours: 0.0 Revised: Spring 2011 NOTE: This course is not designed for transfer credit. Catalog

More information

Key Concept 2: Understanding the Differences Between 1) Intentional Tort Liability

Key Concept 2: Understanding the Differences Between 1) Intentional Tort Liability Key Concept 2: Understanding the Differences Between 1) Intentional Tort Liability 1 (2) Negligence Liability, and 3) Strict Liability. I. Torts in General: A. Definition: A tort is a civil wrong that

More information

STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK COURSE OUTLINE LEST 320 NEGLIGENCE AND INTENTIONAL TORTS

STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK COURSE OUTLINE LEST 320 NEGLIGENCE AND INTENTIONAL TORTS STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK COURSE OUTLINE LEST 320 NEGLIGENCE AND INTENTIONAL TORTS LAST REVISED BY: Alexander Lesyk SCHOOL OF BUSINESS AND LIBERAL ARTS MARCH 2015

More information

Injury Law Attorney Clearwater - New Port Richey - Tampa Bay

Injury Law Attorney Clearwater - New Port Richey - Tampa Bay Injury Law Attorney Clearwater - New Port Richey - Tampa Bay You need an aggressive injury lawyer to fight for your rights WHAT IS INJURY LAW? Injury Law is what an injury attorney would refer to as Tort

More information

Declarations. INSU 2500 Chapter 9 CHAPTER 9. Common Elements of Insurance Contracts. Insuring Agreement Example

Declarations. INSU 2500 Chapter 9 CHAPTER 9. Common Elements of Insurance Contracts. Insuring Agreement Example Declarations INSU 2500 Chapter 9 October 10, 2006 Facts of Policy Usually first page of an insurance contract contains such things as: Identifies the insurance company Identifies the named insured Policy

More information

Key Concept 9: Understand the differences between compensatory and punitive damages 1. A. Torts. 1. Compensatory and Punitive Damages

Key Concept 9: Understand the differences between compensatory and punitive damages 1. A. Torts. 1. Compensatory and Punitive Damages Key Concept 9: Understand the differences between compensatory and punitive damages 1 A. Torts 1. Compensatory and Punitive Damages Tort law involves civil liability between private parties. A plaintiff

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

Chapter 3. The Nursing Assistant. Elsevier items and derived items 2014, 2010 by Mosby, an imprint of Elsevier Inc. All rights reserved.

Chapter 3. The Nursing Assistant. Elsevier items and derived items 2014, 2010 by Mosby, an imprint of Elsevier Inc. All rights reserved. Chapter 3 The Nursing Assistant Chapter Overview To protect patients and residents from harm, you need to know: What you can and cannot do What is right conduct and wrong conduct Rules and standards of

More information

Oklahoma Tort Claims Act. Overview 2009

Oklahoma Tort Claims Act. Overview 2009 Oklahoma Tort Claims Act Overview 2009 What is a Tort? The name itself lends nothing to understanding what they are about, but they do mean a lot to everything that happens in our lives. Most people probably

More information

Contributory negligence. comparative negligence. Last clear chance Assumption of risk

Contributory negligence. comparative negligence. Last clear chance Assumption of risk Chapter 17 A defense is the response of a party to a claim of another party, setting forth the reason(s) the claim should be denied. Overview of comparative negligence comparative negligence Contributory

More information

REMEDIES TEXAS TORTS AND VOLUME 1 RELEASE NO. 44, APRIL 2010. Filed Through:

REMEDIES TEXAS TORTS AND VOLUME 1 RELEASE NO. 44, APRIL 2010. Filed Through: VOLUME 1 Filed Through: RELEASE NO. 44, APRIL VOLUME 2 VOLUME 3 VOLUME 4.~ LexisNexis~ VOLUME 5.~ LexisNexis~ VOLUME 6.~ LexisNexis~ Publication Table of Contents TEXAS TORTS VOLUME 1 DIVISION I: Chapter

More information

Chapter 3. The Nursing Assistant

Chapter 3. The Nursing Assistant Chapter 3 The Nursing Assistant Chapter Overview To protect patients and residents from harm, you need to know: What you can and cannot do What is right conduct and wrong conduct Rules and standards of

More information

The plaintiff in a negligence action must suffer actual harm or loss to person or property. Damages are monetary payments awarded for a legally

The plaintiff in a negligence action must suffer actual harm or loss to person or property. Damages are monetary payments awarded for a legally Chapter 16 The plaintiff in a negligence action must suffer actual harm or loss to person or property. Damages are monetary payments awarded for a legally recognized wrong. Damages are a legal remedy,

More information

PUBLIC ENTITY POLICY LAW ENFORCEMENT LIABILITY COVERAGE FORM OCCURRENCE COVERAGE

PUBLIC ENTITY POLICY LAW ENFORCEMENT LIABILITY COVERAGE FORM OCCURRENCE COVERAGE A Stock Insurance Company, herein called the Company PUBLIC ENTITY POLICY LAW ENFORCEMENT LIABILITY COVERAGE FORM OCCURRENCE COVERAGE Various provisions in this policy restrict coverage. Please read the

More information

Legal Liability in Recreation Site Management. Legal Climate. Classification of Legal Liability RRT 484. Professor Ed Krumpe

Legal Liability in Recreation Site Management. Legal Climate. Classification of Legal Liability RRT 484. Professor Ed Krumpe Legal Liability in Recreation Site Management RRT 484 Professor Ed Krumpe 1 Legal Climate Sovereign immunity is basically dead. Lawsuits are part of normal operations & we cannot prevent them. Injuries

More information

Criminal Law. Month Content Skills August. Define the term jurisprudence. Introduction to law. What is law? Explain several reasons for having laws.

Criminal Law. Month Content Skills August. Define the term jurisprudence. Introduction to law. What is law? Explain several reasons for having laws. Criminal Law Month Content Skills August Introduction to law Define the term jurisprudence. What is law? Explain several reasons for having laws. Discuss the relationship between laws and values. Give

More information

CENTRAL TEXAS COLLEGE SYLLABUS FOR LGLA 2303 TORTS AND PERSONAL INJURY LAW Semester Hours Credit: 3 INSTRUCTOR: OFFICE HOURS:

CENTRAL TEXAS COLLEGE SYLLABUS FOR LGLA 2303 TORTS AND PERSONAL INJURY LAW Semester Hours Credit: 3 INSTRUCTOR: OFFICE HOURS: CENTRAL TEXAS COLLEGE SYLLABUS FOR TORTS AND PERSONAL INJURY LAW Semester Hours Credit: 3 INSTRUCTOR: OFFICE HOURS: I. COURSE DESCRIPTION: A. Fundamental concepts of tort and personal injury law including

More information

California Points and Authorities

California Points and Authorities California Points and Authorities Publisher: Matthew Bender Elite Products Table of Contents Volume 1 Chapter 1 Writing Legal Memoranda and Briefs Chapter 10 Abatement And Survival of Actions Chapter 11

More information

Question 11 February 2013 Selected Answer 1

Question 11 February 2013 Selected Answer 1 Question 11 February 2013 Selected Answer 1 1. Yes, Hospital is liable for Dan's wrongful debt collection under the TDCA. The Texas Debt Collection acts prohibits a specifically enumerated list of specific

More information

Table of Contents. Glossary 4. What is a Personal Injury Case? 6. What Would My Case be Worth? 8. How Do You Prove a Claim? 10

Table of Contents. Glossary 4. What is a Personal Injury Case? 6. What Would My Case be Worth? 8. How Do You Prove a Claim? 10 Personal Injury Personal injury accidents happen all the time. From sidewalk cracks to car accidents, when people are injured, the question of who is legally and financially responsible is inevitably asked.

More information

Civil Law & Litigation

Civil Law & Litigation Civil Law & Litigation TERMINOLOGY action assault battery Bill of Costs breach of contract Certificate of Judgment chambers chattels claims class action lawsuit collection compensation consideration contempt

More information

STATUTES OF LIMITATIONS IN COLORADO

STATUTES OF LIMITATIONS IN COLORADO STATUTES OF LIMITATIONS IN COLORADO CRIMINAL Murder Kidnapping Treason Sex offense against a child Applies to offenses committed on or after July 1, 1996 Forgery solicitation to commit murder solicitation

More information

Defendant has a duty to act as a reasonable person would in like or similar circumstances to avoid causing unreasonable risk of harm to others.

Defendant has a duty to act as a reasonable person would in like or similar circumstances to avoid causing unreasonable risk of harm to others. NEGLIGENCE (Heavily Tested) (Write On the Bar): In order for Plaintiff to recover in Negligence, she or he must plead and prove: DUTY, BREACH OF DUTY, ACTUAL CAUSATION, PROXIMATE CAUSATION, AND DAMAGES.

More information

Basic Anatomy of Personal Injury Actions

Basic Anatomy of Personal Injury Actions Piecing the Puzzle Together: Catastrophic Claims, Tort Claims and the New SABS Peterborough Thursday, April 14, 2011 Basic Anatomy of Personal Injury Actions Presented by: ROBERT M. BEN 416-868-3168 rben@thomsonrogers.com

More information

The HIDDEN COST Of Proving Your Innocence

The HIDDEN COST Of Proving Your Innocence The HIDDEN COST Of Proving Your Innocence Law-abiding citizens use guns to defend themselves against criminals as many as 2.5 million times every year, or about 6,850 times per day. This means that each

More information

Why Obtain Student Medical Malpractice Insurance?

Why Obtain Student Medical Malpractice Insurance? Why Obtain Student Medical Malpractice Insurance? Important Notice & Disclaimer Please Read! This presentation is for use by Western Washington University (WWU) students only. Neither WWU, nor any officer,

More information

Personal Injury Law: Minnesota Medical Malpractice

Personal Injury Law: Minnesota Medical Malpractice Personal Injury Law: Minnesota Medical Malpractice Medical Malpractice Terms Statutes of Limitations Minnesota Medical Malpractice Laws Medical malpractice includes many forms of liability producing conduct

More information

Negligence & Tort Law

Negligence & Tort Law Negligence & Tort Law How to Prove Negligence The plaintiff needs to prove four elements by a preponderance of the evidence Duty Breach of Duty Causation (two parts) Damages Duty Defined: A legal obligation

More information

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS By Celeste King, JD and Barrett Breitung, JD* In 1998

More information

LEGAL ISSUES. Why should I learn about legal issues? How am I liable? What are my responsibilities as a teacher?

LEGAL ISSUES. Why should I learn about legal issues? How am I liable? What are my responsibilities as a teacher? LEGAL ISSUES Why should I learn about legal issues? School administrators are typically the only personnel to receive training in classroom liability issues, yet teachers have the most responsibility for

More information

TORTS II REVIEW QUIZ. Prof. Bell

TORTS II REVIEW QUIZ. Prof. Bell TORTS II REVIEW QUIZ Prof. Bell NOTE: Choose the one best answer to each question, applying the Restatement of Torts (2d) and relevant case law. As on the MBE, you have 1.8 minutes/answer. Question 1 In

More information

Taming the Liability Monster. Hershel L. Kreis, Jr. Richard Rubino November 13, 2009

Taming the Liability Monster. Hershel L. Kreis, Jr. Richard Rubino November 13, 2009 Taming the Liability Monster Hershel L. Kreis, Jr. Richard Rubino November 13, 2009 What is so important about understanding Civil Liability for Communications Personnel? Every job has the potential of

More information

CASE 0:12-cv-02811-RHK-SER Document 1 Filed 11/02/12 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ) ) ) ) ) ) ) ) ) ) ) ) )

CASE 0:12-cv-02811-RHK-SER Document 1 Filed 11/02/12 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ) ) ) ) ) ) ) ) ) ) ) ) ) CASE 0:12-cv-02811-RHK-SER Document 1 Filed 11/02/12 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA File No. Julius Chad Zimmerman, Plaintiff, v. Dave Bellows, in his individual and official

More information

Anglo-American Contract and Torts. Prof. Mark P. Gergen. 14. Strict liability abnormally dangerous activities and vicarious liability

Anglo-American Contract and Torts. Prof. Mark P. Gergen. 14. Strict liability abnormally dangerous activities and vicarious liability Anglo-American Contract and Torts Prof. Mark P. Gergen 14. Strict liability abnormally dangerous activities and vicarious liability Vicarious liability respondeat superior An employer is strictly liable

More information

Torts. Law for Professional Engineers and Professional Geoscientists. Spring Lyle Jones, P.Eng., LL.B. Jones Law Office

Torts. Law for Professional Engineers and Professional Geoscientists. Spring Lyle Jones, P.Eng., LL.B. Jones Law Office Law for Professional Engineers and Professional Geoscientists Torts Spring 2016 Lyle Jones, P.Eng., LL.B. Jones Law Office Bob McDonald, P.Eng., MBA, LL.B. APEGS 1 Overview Tort is the breach of a duty

More information

Of course, the same incident can give rise to an action both for breach of contract and for negligence.

Of course, the same incident can give rise to an action both for breach of contract and for negligence. 4. WHAT CAN YOU BE LIABLE FOR AND WHY? 4.1 Negligence Liability for negligence is a civil, not a criminal, matter. It is for the victim to prove that the defendant owed them a "duty of care", that that

More information

GRADER'S GUIDE *** QUESTION: ESSAY QUESTION NO. 3 *** SUBJECT: TORTS

GRADER'S GUIDE *** QUESTION: ESSAY QUESTION NO. 3 *** SUBJECT: TORTS GRADER'S GUIDE *** QUESTION: ESSAY QUESTION NO. 3 *** QUESTION NO. 1 (30 Points) Battery SUBJECT: TORTS John potentially has a battery claim against the guard. Battery is the intentional unlawful touching

More information

Cardelli Lanfear P.C.

Cardelli Lanfear P.C. Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 HOUSE DRH11149-TG-5 (12/01) Short Title: Tort Reform Act of 2011. (Public)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 HOUSE DRH11149-TG-5 (12/01) Short Title: Tort Reform Act of 2011. (Public) H GENERAL ASSEMBLY OF NORTH CAROLINA SESSION HOUSE DRH-TG- (/01) D Short Title: Tort Reform Act of. (Public) Sponsors: Referred to: Representatives Blust and Daughtry (Primary Sponsors). 1 A BILL TO BE

More information

Mississippi Plain Language Model Jury Instructions - Civil

Mississippi Plain Language Model Jury Instructions - Civil Proposed Mississippi Plain Language Model Jury Instructions - Civil 2012 (Current as of February 17, 2012) Proposed Plain Language Model Jury Instructions - Civil Guide for Using the Proposed Plain Language

More information

Professional Negligence

Professional Negligence 1239272 - BCIT 1 Professional Negligence Jeremy T. Lovell Bull, Housser & Tupper LLP 1239272 - BCIT 2 Overview Professional negligence law in context Negligence law in general Duty of care Standard of

More information

C - 1.00 Introductory Instructions

C - 1.00 Introductory Instructions INTRODUCTION GENERAL DIRECTIONS FOR USE Year C - 1.00 Introductory Instructions NDJI No. 1986 [Title Page and Nature of Case] (Illustration) C - 1.01 1999 Instruction References C - 1.02 1986 Multiple

More information

Glossary of Court-related Terms

Glossary of Court-related Terms Glossary of Court-related Terms Acquittal Adjudication Appeal Arraignment Arrest Bail Bailiff Beyond a reasonable doubt Burden of proof Capital offense Certification Charge Circumstantial evidence Citation

More information

2:13-cv-12772-BAF-MKM Doc # 1 Filed 06/24/13 Pg 1 of 14 Pg ID 1

2:13-cv-12772-BAF-MKM Doc # 1 Filed 06/24/13 Pg 1 of 14 Pg ID 1 2:13-cv-12772-BAF-MKM Doc # 1 Filed 06/24/13 Pg 1 of 14 Pg ID 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL DWAYNE THOMAS Vs Plaintiff, Judge Magistrate Case No:

More information

Lowcountry Injury Law

Lowcountry Injury Law Lowcountry Injury Law 1917 Lovejoy Street Post Office Drawer 850 Beaufort, South Carolina 29901 Personal Injury Phone (843) 524-9445 Auto Accidents Fax (843) 532-9254 Workers Comp DanDenton@Lawyer.com

More information

Civil Justice for Victims of Crime in North Carolina

Civil Justice for Victims of Crime in North Carolina This booklet was published with the generous support of Leto Copeley Durham & Charlotte, North Carolina Doug Berger Marie Lang Raleigh, Durham, Charlotte, Fayetteville, Goldsboro, Greensboro, Greenville,

More information

(1) A person to whom damage to another is legally attributed is liable to compensate that damage.

(1) A person to whom damage to another is legally attributed is liable to compensate that damage. Principles of European Tort Law TITLE I. Basic Norm Chapter 1. Basic Norm Art. 1:101. Basic norm (1) A person to whom damage to another is legally attributed is liable to compensate that damage. (2) Damage

More information

Civil Justice for Victims of Crime in Vermont

Civil Justice for Victims of Crime in Vermont This booklet was published with the generous support of Jerome F. O Neill O Neill Kellner & Green, PC Burlington, Vermont For referrals to an attorney or more information, please call the National Crime

More information

Case: 1:15-cv-09957 Document #: 1 Filed: 11/04/15 Page 1 of 10 PageID #:1

Case: 1:15-cv-09957 Document #: 1 Filed: 11/04/15 Page 1 of 10 PageID #:1 Case: 1:15-cv-09957 Document #: 1 Filed: 11/04/15 Page 1 of 10 PageID #:1 JACLYN PAZERA Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION v. Case No.

More information

Products Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012

Products Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012 Products Liability: Putting a Product on the U.S. Market Natalia R. Medley Crowell & Moring LLP 14 November 2012 Overview Regulation of Products» Federal agencies» State laws Product Liability Lawsuits»

More information

Pharmacist Liability. Objectives: Tort law

Pharmacist Liability. Objectives: Tort law Objectives: Pharmacist Liability With thanks to Martha Dye-Whealan, R.Ph., JD J.D. Define negligence and tort law Review limits of liability, including defenses to a negligence claim, and relate to pharmacy

More information

Medical Malpractice VOIR DIRE QUESTIONS

Medical Malpractice VOIR DIRE QUESTIONS Medical Malpractice VOIR DIRE QUESTIONS INTRODUCTION: Tell the jurors that this is a very big and a very important case. Do a SHORT summary of the case and the damages we are seeking. This summary should

More information

Chapter 7 The Liability Risk

Chapter 7 The Liability Risk Chapter 7 The Liability Risk Overview This chapter begins a block of material on property and liability risks, and the personal and business insurance coverages designed to address these risks. In this

More information

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) )

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) Case :-cv-00-loa Document Filed 0// Page of 0 Bradley Jardis, vs. Keith M. Knowlton, L.L.C. SBN 0 S. Rural Road, Suite 0, PMB# Tempe, Arizona -00 (0 -; FAX (0 - Keith M. Knowlton - SBN 0 Attorney for Plaintiff

More information

Civil Justice for Victims of Crime in Alabama

Civil Justice for Victims of Crime in Alabama This booklet was published with the generous support of Barry Walker Walker Law, LLC Birmingham, Alabama Gregory Zarzaur Zarzaur Law, LLC Birmingham, Alabama For referrals to an attorney or more information,

More information

Civil Justice for Victims of Crime in Maryland

Civil Justice for Victims of Crime in Maryland This booklet was published with the generous support of Keith Franz Azrael, Franz, Schwab & Lipowitz, LLC Baltimore, Maryland Stan Brown Law Office of Stan Derwin Brown, LLC Largo, Maryland Steven Kelly

More information

CHAPTER 5. TORTS by Christopher K. Miller, Esq. Todd A. Mahlik, Esq.

CHAPTER 5. TORTS by Christopher K. Miller, Esq. Todd A. Mahlik, Esq. CHAPTER 5 TORTS by Christopher K. Miller, Esq. Todd A. Mahlik, Esq. INTRODUCTION There is no completely helpful definition of a "tort." In fact, tort law is constantly changing by court decision and statute.

More information

CRIMINAL LAW AND VICTIMS RIGHTS

CRIMINAL LAW AND VICTIMS RIGHTS Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.

More information

Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART. Section 3.1 What Is a Crime?

Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART. Section 3.1 What Is a Crime? Chapter 3 SECTION OPENER / CLOSER: INSERT BOOK COVER ART Section 3.1 Chapter 3 What Criminal Is a Crime? Law Section 3.1 Section 3.2 Particular Crimes Why It s Important Learning the essence of criminal

More information

Defense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010

Defense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010 Defense of State Employees: LIABILITY AND LAWSUITS UNCW Office of General Counsel January 2010 COMMON CAUSES OF ACTION (or what could we be sued for) Tort claims Contract claims Discrimination/Harassment

More information

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W

More information

COMPENSATION IN A TENNESSEE PERSONAL INJURY LAWSUIT

COMPENSATION IN A TENNESSEE PERSONAL INJURY LAWSUIT COMPENSATION IN A TENNESSEE PERSONAL INJURY LAWSUIT If You Have Been Injured in a Personal Injury Accident and Someone Else s Negligence Caused, or Contributed to, the Accident, You May Be Entitled to

More information

Civil Justice for Victims of Crime in Maine

Civil Justice for Victims of Crime in Maine This booklet was published with the generous support of Terry Garmey & Associates Cumberland County, Portland, Lewiston, Bangor, West Scarborough, Auburn, Biddeford, Augusta, and Saco, Maine Elizabeth

More information

Case 2:13-cv-01431-RBS Document 1 Filed 03/19/13 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case 2:13-cv-01431-RBS Document 1 Filed 03/19/13 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Case 2:13-cv-01431-RBS Document 1 Filed 03/19/13 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DAVID GARCIA : 7427 Belden Street : Basement Apt. : PHILADELPHIA,

More information

KERN COMMUNITY COLLEGE DISTRICT CERRO COSO COLLEGE PARA C260 COURSE OUTLINE OF RECORD

KERN COMMUNITY COLLEGE DISTRICT CERRO COSO COLLEGE PARA C260 COURSE OUTLINE OF RECORD KERN COMMUNITY COLLEGE DISTRICT CERRO COSO COLLEGE PARA C260 COURSE OUTLINE OF RECORD 1. DISCIPLINE AND COURSE NUMBER: PARA C260 2. COURSE TITLE: Personal Injury and Tort Litigation 3. SHORT BANWEB TITLE:

More information

NORTH DAKOTA PATTERN JURY INSTRUCTIONS CIVIL VOLUME I. Published by. The. State Bar Association of North Dakota

NORTH DAKOTA PATTERN JURY INSTRUCTIONS CIVIL VOLUME I. Published by. The. State Bar Association of North Dakota NORTH DAKOTA PATTERN JURY INSTRUCTIONS CIVIL VOLUME I Published by The State Bar Association of North Dakota in conjunction with the North Dakota Pattern Jury Instruction Commission Copyright 2012 - (Reviewed

More information

TORT LAW SUMMARY LAWSKOOL UK

TORT LAW SUMMARY LAWSKOOL UK TORT LAW SUMMARY LAWSKOOL UK TABLE OF CONTENTS INTRODUCTION 5 DEFENCES 6 Consent (Or Volenti Non Fit Injuria) 6 Illegtality (or Ex Trupi Causa) 7 Contributory Negiligence 8 NEGLIGENCE 11 Duty of Care 11

More information

SMALL CLAIMS COURT CHECKLIST for Plaintiff

SMALL CLAIMS COURT CHECKLIST for Plaintiff SMALL CLAIMS COURT CHECKLIST for Plaintiff 1. Write a Demand Letter to the defendant (person who injured you/your property) a. Tell the defendant why you think they owe you money, and how much money is

More information

Kopelman and Paige, P.C. 101 Arch Street Boston, MA 02110 800-548-3522

Kopelman and Paige, P.C. 101 Arch Street Boston, MA 02110 800-548-3522 MUNICIPAL TORT LIABILITY GENERAL LAWS CHAPTER 258 General Laws, chapter 258, section 1, et seq. establishes the procedure for asserting tort claims against municipalities. The following provides an outline

More information

Total Test Questions: 64 Levels: Grades Units of Credit:.50

Total Test Questions: 64 Levels: Grades Units of Credit:.50 DESCRIPTION Students will gain an understanding of the law as it relates to them currently and the implications of the law in their future lives as well as the lives of their family and friends. They will

More information

E&O Insurance. Welcome!

E&O Insurance. Welcome! Welcome! Welcome! This course was designed to provide accurate credit hours for your state. It is not intended to be used as selling material, in part or whole, or to give any type of legal advice. Since

More information

Civil Justice for Victims of Crime in Colorado CIVIL JUSTICE FOR VICTIMS OF CRIME IN COLORADO

Civil Justice for Victims of Crime in Colorado CIVIL JUSTICE FOR VICTIMS OF CRIME IN COLORADO Civil Justice for Victims of Crime in Colorado CIVIL JUSTICE FOR VICTIMS OF CRIME IN COLORADO C1 Civil Justice for Victims of Crime in Colorado The National Crime Victim Bar Association 2000 M Street,

More information

PLGL 1700: Torts Section 30i Fall 2015 Course Syllabus

PLGL 1700: Torts Section 30i Fall 2015 Course Syllabus PLGL 1700: Torts Section 30i Fall 2015 Course Syllabus Instructor: Christine Taylor, J.D. Phone: 435/687-8563; Fax: 435/586-1925 Office: General Classroom Building 406 Email: christinetaylor@suu.edu Office

More information

Introduction to Emergency Medical Care 1

Introduction to Emergency Medical Care 1 Introduction to Emergency Medical Care 1 OBJECTIVES 4.1 Define key terms introduced in this chapter. Slides 11 12, 14, 16 22, 24, 26 32, 34 35, 39 4.2 Describe your scope of practice as an EMT. Slides

More information

Civil Justice for Victims of Crime in Massachusetts

Civil Justice for Victims of Crime in Massachusetts This booklet was published with the generous support of Law Office of Carmen L. Durso Boston, Massachusetts Mark Itzkowitz, Esq. Boston, Massachusetts Law Office of Kenneth I. Kolpan, Esq. Boston, Massachusetts

More information

Executive summary and overview of the national report for Denmark

Executive summary and overview of the national report for Denmark Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,

More information

Civil Justice for Victims of Crime

Civil Justice for Victims of Crime This document was prepared by the National Center for Victims of Crime, supported by 2000CKWX0038, awarded by the U.S. Department of Justice, Office of Community Oriented Policing. The opinions, findings,

More information

Civil Justice for Victims of Crime in New York

Civil Justice for Victims of Crime in New York This booklet was published with the generous support of Richard Binko Law Offices of Richard S. Binko Cheektowaga, New York Madeline Bryer Law Offices of Madeline Bryer New York, New York Cynthia S. LaFave

More information