Torts

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Basic information about torts for high school business law students

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Torts

  1. 1.
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  3. 3. <ul><li>A “ crime ” is a wrong against society . </li></ul>
  4. 4. <ul><li>A “ crime ” is a wrong against society . </li></ul><ul><li>Criminal law procedures will be applied. </li></ul>
  5. 5. <ul><li>Criminals are arrested by government officials . </li></ul>
  6. 6. <ul><li>Criminals are prosecuted by government officials . </li></ul>
  7. 7. <ul><li>Criminals are punished by government officials . </li></ul>
  8. 8. <ul><li>Criminals are punished by government officials . </li></ul>Criminals are arrested by government officials . Criminals are prosecuted by government officials .
  9. 9. <ul><li>In a criminal case: </li></ul>the criminal is the defendant the government is the plaintiff
  10. 10. <ul><li>Let’s say your neighbor dumps a 55-gallon drum of toxic chemicals on your property. </li></ul>
  11. 11. <ul><li>A crime against the environment is a crime against all of society, not just you. </li></ul>
  12. 12. <ul><li>Let’s say the criminal is arrested for vandalism, prosecuted, found guilty, goes to jail to “pay for his crime”, and finally gets out of jail.… </li></ul>
  13. 13. <ul><li>Who has to pay to clean up the mess on your property? </li></ul>
  14. 14. <ul><li>A crime can also be a “ tort ”. </li></ul>
  15. 15. <ul><li>Although the criminal has “paid for his crime to society ” he hasn’t paid to clean up the mess he made. </li></ul>
  16. 16. <ul><li>The person who has wronged you should be made to “make you whole”—to put things back the way they were before he did his wrong action. </li></ul>
  17. 17. <ul><li>A “tort” is an action that you can sue someone for. </li></ul>
  18. 18. <ul><li>A “tort” is an action that you can sue someone for. </li></ul><ul><li>A tort usually involves personal injury , (usually either physical or financial). </li></ul>
  19. 19. <ul><li>Not only do I want the wrongdoer to be punished by the government in the criminal justice system , I want money for damages from the wrongdoer in the civil justice system ! </li></ul>
  20. 20. <ul><li>In a criminal case: </li></ul>the criminal is the defendant the government is the plaintiff
  21. 21. <ul><li>In a civil case: </li></ul>the wrongdoer is the defendant the wronged person is the plaintiff
  22. 22. <ul><li>What does the plaintiff want in a civil case? </li></ul>the wrongdoer is the defendant the wronged person is the plaintiff
  23. 23. <ul><li>What does the plaintiff want in a civil case? </li></ul>the wrongdoer is the defendant the wronged person is the plaintiff
  24. 24. <ul><li>Example: Kelly stabbed Amy in the hand. Kelly was arrested for the crime , found guilty, sentenced to jail, and was released 4 months later. </li></ul>
  25. 25. <ul><li>Example: Kelly stabbed Amy in the hand. Kelly was arrested for the crime , found guilty, sentenced to jail, and was released 4 months later. </li></ul>Amy wants money. Money for medical bills. Money for pain. Money for suffering.
  26. 26. <ul><li>Amy needs to sue Kelly in civil court to get money. </li></ul>
  27. 27. <ul><li>Amy needs to sue Kelly in civil court to get money. </li></ul><ul><li>Amy sues for the tort , not the crime. </li></ul>
  28. 28. <ul><li>The government will not help Amy sue in civil court. </li></ul>
  29. 29. <ul><li>The government will not help Amy sue in civil court. </li></ul><ul><li>Civil court has a government judge , but no government lawyers. </li></ul>
  30. 30. <ul><li>Amy, the victim, will be the plaintiff. </li></ul><ul><li>Kelly, the stabber, will be the defendant. </li></ul>
  31. 31. <ul><li>Example: Alan, on his way to work in the morning, crashed his car into the back of Bob’s car . </li></ul>
  32. 32. <ul><li>Example: Alan, on his way to work in the morning, crashed his car into the back of Bob’s car . </li></ul><ul><li>If Alan was drunk or impaired, this would be a crime. </li></ul>
  33. 33. <ul><li>Example: Alan, on his way to work in the morning, crashed his car into the back of Bob’s car . </li></ul><ul><li>Is an ordinary car accident a crime? </li></ul>
  34. 34. <ul><li>Example: Alan, on his way to work in the morning, crashed his car into the back of Bob’s car . </li></ul><ul><li>Is an ordinary car accident a crime? </li></ul><ul><li>Should Alan be arrested and go to jail? </li></ul>
  35. 35. <ul><li>Example: Alan, on his way to work in the morning, crashed his car into the back of Bob’s car . </li></ul><ul><li>Bob wants money. </li></ul>
  36. 36. <ul><li>Example: Alan, on his way to work in the morning, crashed his car into the back of Bob’s car . </li></ul><ul><li>Bob wants money. </li></ul><ul><li>Money to fix his car. </li></ul>
  37. 37. <ul><li>Example: Alan, on his way to work in the morning, crashed his car into the back of Bob’s car . </li></ul><ul><li>Drunk driving is a crime. </li></ul><ul><li>A car accident a tort. </li></ul>
  38. 38. <ul><li>A “tort” is an action that you can sue someone for. </li></ul><ul><li>A tort usually involves personal injury , (usually either physical or financial). </li></ul>
  39. 39. <ul><li>Intentional tort </li></ul><ul><li>Unintentional tort </li></ul>
  40. 40. <ul><li>Battery </li></ul><ul><li>Vandalism </li></ul><ul><li>Defamation (slander, libel) </li></ul><ul><li>Money disputes </li></ul><ul><ul><li>I did the work; she didn’t pay me </li></ul></ul><ul><ul><li>They didn’t pay the rent </li></ul></ul>
  41. 41. <ul><li>Negligence </li></ul>
  42. 42. <ul><ul><li>This is an example of baby talk . </li></ul></ul>Some teenagers say, “It really wasn’t my fault. It was just an accident.”
  43. 43. In the grown-up world we have the idea of negligence .
  44. 44. In the grown-up world we have the idea of negligence . You are negligent if you should have been more careful.
  45. 45. In the grown-up world we have the idea of negligence . You are negligent if you should have been more careful. It’s your fault if you are negligent .
  46. 46. In the grown-up world we have the idea of negligence . You are negligent if you should have been more careful. It’s your fault if you are negligent . Now you have to pay for what you did. It’s your fault. Crying won’t help.
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  52. 52.
  53. 53.
  54. 54.
  55. 55.
  56. 56.
  57. 57. <ul><li>Plaintiff files a complaint </li></ul>
  58. 58.
  59. 59. <ul><li>Plaintiff files a complaint </li></ul><ul><li>Complaint and summons delivered to defendant </li></ul>
  60. 60.
  61. 61. <ul><li>Plaintiff files a complaint </li></ul><ul><li>Complaint and summons delivered to defendant </li></ul><ul><li>Defendant responds with an answer </li></ul>
  62. 62.
  63. 63. <ul><li>Plaintiff files a complaint </li></ul><ul><li>Complaint and summons delivered to defendant </li></ul><ul><li>Defendant responds with an answer </li></ul><ul><ul><li>Defendant may also respond with a cross-complaint (a “countersuit”) </li></ul></ul>
  64. 64. <ul><li>Plaintiff files a complaint </li></ul><ul><li>Complaint and summons delivered to defendant </li></ul><ul><li>Defendant responds with an answer </li></ul><ul><ul><li>Defendant may also respond with a cross-complaint (a “countersuit”) </li></ul></ul><ul><ul><li>Plaintiff responds to cross-complaint </li></ul></ul>
  65. 65. <ul><li>Plaintiff files a complaint </li></ul><ul><li>Complaint and summons delivered to defendant </li></ul><ul><li>Defendant responds with an answer </li></ul><ul><ul><li>Defendant may also respond with a cross-complaint (a “countersuit”) </li></ul></ul><ul><ul><li>Plaintiff responds to cross-complaint </li></ul></ul>All of these papers sent to the court are called Pleadings
  66. 66. <ul><li>Plaintiff files a complaint </li></ul><ul><li>Complaint and summons delivered to defendant </li></ul><ul><li>Defendant responds with an answer </li></ul><ul><ul><li>Defendant may also respond with a cross-complaint (a “countersuit”) </li></ul></ul><ul><ul><li>Plaintiff responds to cross-complaint </li></ul></ul><ul><li>Discovery </li></ul><ul><ul><li>Depositions, interrogatories, requests for documents </li></ul></ul><ul><li>Pre-Trial Hearing </li></ul><ul><li>Trial </li></ul><ul><ul><li>Only ¾ of jury need to agree </li></ul></ul>
  67. 67.
  68. 68. ---end of presentation---

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