Remedies to a Civil Suit:Injunction Damages• Court order to stop a • Damage to property. particular act • Loss of earnings• Prevent something capacity.• Stop something • Pain and suffering. • Reasonable medical expenses.
Damages:• Actual/Compensatory Damages = place the injured party in same financial position as if the injury had not occurred• Punitive Damages = additional damages awarded usually available where an intentional tort has been committed – Damage amount is meant to be set at a figure to punish defendant, NOT compensate plaintiff
What do you think?• Hank, the owner of a dry cleaning store, lived next door to Ed, who was the editor of a small newspaper in their town. The two quarreled and became enemies. As a consequence, when Ed published a story on the drug problem in the town, he identified Hank as a “drug dealer.” This statement was untrue and defamatory.• What kind of damages could Hank collect from Ed in a lawsuit?
What are the defenses to torts?• Consent• Self-Defense• Defense of Others• Defense of Property• Recapture of Converted Property• Privilege of Public Necessity – acting to protect interests of the public
Two Trials…• Criminal: – Murder found innocent – Burden of proof = beyond of reasonable doubt• Civil: – Battery found innocent – Wrongful death found guilty – Burden of proof = preponderance of evidence (more likely to be true than not true) • Also the same burden of proof in Grand Jury proceedings)
What do you think? If you’re found not guilty for a crime should you be found liable for essentially the same action?
Another scenario…Dailey, a 7-year-old child, was playing in the backyard when an elderly woman, Garrett, went outside to sit down. The child pulled the lawn chair away just before Garrett sat down, and Garrett fell to the ground and fractured her hip.Although Dailey did not want to hurt Garrett and did not believe she would be hurt, the child was aware that if he pulled the chair away as Garrett was sitting down she would almost certainly land on the ground.
• Did Dailey act intentionally?• Can Dailey be sued by Garrett and be forced to pay for her injuries?• Can Dailey’s parents be sued?• Does it matter that he didn’t want her to get hurt?
• All that matters he knew she would fall• Causes of intent: Motive, Insanity, Poverty, Mistake NOT RELATIVE!! • Ex. Killing dog thinking it was wolf• Intent must have one of 2 components: • Want, desire, purpose for the consequence to happen OR • Know to a substantial certainty that the consequence will happen