Introduction Torts are concerned with the allocation of loses
resulting from the activities of people. It is an attempt to
balance the utility of a particular type of conduct against harm
which it may cause, judged by the prevailing social and economic
attitudes of the time Legalines In criminal law when someone
commits a wrong, we call it a crime. In civil law when someone
commits a wrong, we call a tort.
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Intro continued Civil law deals with wrongs against
individuals. A harmed individual becomes the plaintiff in a
lawsuit. The plaintiff in a civil lawsuit seeks to win a judgment
against the defendant, or accused wrong-doer. The defendant will
not be punished with jail time as in a criminal case but rather
ordered to pay damages, which are monetary.
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The Idea of Liability The rules that govern civil wrongs are
called tort law. Tort law deals with basic questions such as Who
should be responsible, or liable? How much should the responsible
person have to pay? Tort law provides the plaintiff with a remedy,
something to make up for the harm that was done. For example, if I
am injured in a car accident someone will bear the cost of the
harm. I will have medical bills, emotional issues, loss of wages at
work, etc.
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Liability Stella Liebeck is burned from a hot cup of coffee
from McDonalds and sues for $2.86 million because of pain and
suffering Who is liable? The judge awarded her the money but
reduced her remedy to $640,000 This why we have the phrase Caution
contents may be hot on food and beverages now.
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Liability Go to other ppt for examples of outlandish torts
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Settlement The two parties in a lawsuit meet outside of court
to reach an agreement. 90% of cases end in settlement Why is this
so common?
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The Idea of Torts: Yesterday, Today, and Tomorrow The idea of
tort law dates back to fifteenth century England. Tort law is
generally based on common law. Common Law: Previous court decisions
In the past persons who caused an injury paid $1,000, future
defendants will also pay $1,000 Tort law is also based on statues,
or written law. Statues are state laws. N.C. Law says persons
causing injury must pay $1,000
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Types of Torts Intentional Wrong: A person acts with the intent
of injuring a person or property Negligence: A persons failure to
use reasonable care causes harm (think malpractice or vehicle
accident) Strict Liability: The defendants activity is so dangerous
that a plaintiff is not required to prove negligence or intended
harm Dangerous dogs
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Taking your case to court Tort law is civil law, which deals
with disputes b/w individuals or groups of individuals. It is
possible for an act to be both a tort and a crime. Think O.J.
Simpson case. He was charged with both a crime and later a tort. He
was found not guilty in the criminal case but found at fault in the
civil case of the wrongful death lawsuit
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Taking your case to court In a civil case your standard of
proof need only be a preponderance of evidence This is the Burden
of Proof in a civil (tort) case. Judges & Juries must be fairly
certain the defendant is at fault Not as strict as beyond a
reasonable doubt in a criminal case.
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Who can be sued? Almost anyone can be sued. Plaintiffs usually
sue defendants that have the money to pay the damages. Think whole
drug company vs. the guy who invented the drug. Or restaurant owner
vs. janitor if you fell and hurt yourself on a wet surface. Minors
can be sued but if damages are rewarded the parents will be help
responsible for the money.
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Who cannot be sued? Who is immune? Generally speaking society
has decided that for public policy reasons certain groups of people
shold not be sued. Examples are: Suits within families Against
governments Certain government officials. For example, you cannot
sue your parents and husbands and wives are typically not allowed
to sue each other. Times have changed and some states do allow
family members and husbands and wives to sue each other.
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Government immunity The federal and state governments are
immune from tort liability unless they waive, or give up, this
immuinty. Federal Tort Claims Act allows the federal govt to be
sued if their actions are negligent. Federal Tort Claims Act does
not allow citizens to sue the federal govt for most intentional
torts. The president, federal judges, and members of Congress are
completely immune from tort liability. Clinton v. Jones
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Class Action lawsuit Class action lawsuits are when large
groups of people get together to sue an individual. For example,
1993: The citizens of Hinkley, Ca filed a lawsuit against Pacific
Gas & Electric (PG&E)for contaminating the water with
chromium (VI). (Awarded $295 million) Basis for the movie Erin
Brocovich.
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Contingency Fee This is when a lawyer works for fee or portion
of the damages instead of billing the plaintiff his or her hourly
rate.
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Insurance The purpose of liability insurance is so that an
injured party can recover money from the wrongdoers insurance
company when an accident occurs and not from the wrongdoer. So when
you pay for liability insurance you must pay the company a premium
for the insurance. Most doctors and lawyers carry malpractice
insurance to protect themselves from malpractice suits.
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Steps in a Trial Using the information On Page 49 Create a Flow
Chart Showing the steps Of the Trial Process