Unit 3 Civil Law How is Civil Law

Unit 3. Civil Law

How is Civil Law different that Criminal Law – Remember a private citizen brings a Civil Case called a plaintiff – The Burden of Proof in Civil Cases is “A Preponderance of Evidence” – The defendant faces economic damages not criminal penalties such as jail time.

Categories of Civil Law… Make up 80% of Cases in the U. S. – Torts – Divorce – Child Custody – Civil Rights – Wills and Estates – Negligence – Strict Liability – Slip and falls – Car accidents – Workplace accidents – Medical Malpractice – Landlord and Property disputes – Product Liability

Torts – A branch of civil law based on common law (other established court case precedents) in which a person commits or harms to a person, property or emotional well being in which the plaintiff may collect monetary damages – *Causes harm to someone or their property 3 Types of Torts – Intention Wrong: Known cause of harm or damage by defendant – Negligence : Failure to exercise reasonable care – Strict Liability: Liability even if reasonable care is taken

Liable – Essentially who should be held responsible for the harm bad what level of responsibility they have.

Torts: Fact or Fiction? Raise your hand if you think the following actually happened: 1. A woman sued a doctor for malpractice because he invited his friend to watch him deliver her baby. 2. A woman sued a railroad company because scales fell on her on a railroad platform. A railroad worker had helped a young man, who happened to be carrying a bundle of fireworks, jump onto a moving train. While jumping on the train the young man dropped his package, which caused the explosion that caused the scales to fall. 3. A woman sued a cab company when a cab without a driver hit her. The driver had jumped from the moving cab to escape a robber who had pointed a gun to the driver’s head. 4. A construction worker sued his employer for injuries sustained when he was hit by an out-ofcontrol car and thrown nearly 100 feet into a vat of boiling tar. The construction site had not been properly cordoned off.

Negligent Torts: 4 Elements – There are four basic elements of a tort: 1) Duty 2) Breach 3) Causation 4) Damages

Examples of Torts – – – – 1. Physical Injury 2. Property Damage 3. Product Liability 4. Copyright Infringement 5. Emotional Duress 6. Strict Liability 7. Defamation: Slander and Libel – Find a case for each of the following categories. Is it an Intentional Tort, Negligence or Strict Liability scenario?

Intentional Wrong: Intentionally causing harm to someone's person or property – Assault – Battery – False Imprisonment – Emotional duress – Fraud – Defamation – Trespass or Invasion of Privacy

Negligence – When a person breaches a legal obligation, or falls short of fulfilling an obligation, it is considered negligence. In some cases, a person is considered criminally negligent. For example: – A parent who leaves a two-year-old child alone in the house in order to go out to a bar and have a good time could face charges for criminal negligence. – A person who drives 40 miles over the speed limit in a really dangerous way and who causes a car accident and injures someone could be charged with criminal negligence. – A person who breaks texting-and-driving laws and who is typing a text message when he or she gets into a car accident and kills someone could be considered criminally negligent. –

Strict Liability – Strict liability, also referred to as “absolute liability, ” applies to such issues as injuries or other damages caused by a defective product, damages caused by animals, and engaging in certain hazardous activities. – A construction company using dynamite for demolition – Damages by an animal such as physical damage by a dog or property damage by livestock – Cases involving hazardous chemicals – Product Liability

Negligent Torts: Duty – Can you think of examples of due care that each of the following people must exercise? : 1. A lifeguard at a municipal pool. 2. A lumberjack felling a tree. 3. An owner of an aggressive dog. 4. A high school football coach.

Negligent Torts: Breach – Breach is the simplest of the four elements. – Once you determine the standard of care, you ask, did the defendant follow that standard of care? – For example, if the standard of care requires the owner of an aggressive dog to keep the dog on a leash and the owner does not do so s/he has breached the duty of care.

Negligent Torts: Causation in fact, also known as “but-for” causation, is pretty simple. The question is, but for the defendant’s actions would the injury have occurred? Example: A hits B in the shin with a golf club. B’s shin would not have been injured if A had not him in the shin with a golf club.

Proximate Cause Proximate cause is a little more difficult. Ultimately, it is more of a policy question than a legal question. The issue is where the law wants to cut off liability for a negligent actor. Several theories exist regarding proximate cause: 1) Foreseeability 2) Direct Causation 3) The “Danger Zone”

Defenses to Torts – 1. Comparative Negligence: The Plaintiffs actions were partially responsible for the injury or damage – 2. Counterclaim- The defense is also suing – 3. Assumption of Risk: voluntarily encountering a danger and deciding to accept the risk

Penalties for Torts – Compensatory Damages: Reward compensates for physical harm or medical bills. Or Property damages – Nominal Damages: A punishment to show the defended acted wrong even if know economic damage was done. . Could be in the amount of $1 – Punitive Damages: Damages ordered by the court to show the defendant was wrong or acted maliciously. To warn others to not act in the same manner.