torts

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A “crime” is a wrong against society.

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A “crime” is a wrong against society.

Criminal law procedures will be applied.

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Criminals are arrested by government officials.

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Criminals are prosecuted by government officials.

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Criminals are punished by government officials.

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Criminals are punished by government officials.

Criminals are arrested by government officials. Criminals are prosecuted by government officials.

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In a criminal case: the criminal

is the defendant

the government

is the plaintiff

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Let’s say your neighbor dumps a 55-gallon drum of toxic chemicals on your property.

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A crime against the environment is a crime against all of society, not just you.

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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.…

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Who has to pay to clean up the mess on your property?

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A crime can also be a “tort”.

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Although the criminal has “paid for his crime to society” he hasn’t paid to clean up the mess he made.

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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.

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A “tort” is an action that you can sue someone for.

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A “tort” is an action that you can sue someone for.

A tort usually involves personal injury, (usually either physical or financial).

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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!

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In a criminal case: the criminal

is the defendant

the government

is the plaintiff

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In a civil case:

the wrongdoeris the defendant

the wronged person

is the plaintiff

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What does the plaintiff want in a civil case?

the wrongdoeris the defendant

the wronged person

is the plaintiff

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What does the plaintiff want in a civil case?

the wrongdoeris the defendant

the wronged person

is the plaintiff

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Example: Kelly stabbed Amy in the hand. Kelly was arrested for the crime, found guilty, sentenced to jail, and was released 4 months later.

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Example: Kelly stabbed Amy in the hand. Kelly was arrested for the crime, found guilty, sentenced to jail, and was released 4 months later.

Amy wants money.Money for medical bills.Money for pain.Money for suffering.

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Amy needs to sue Kelly in civil court to get money.

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Amy needs to sue Kelly in civil court to get money.

Amy sues for the tort, not the crime.

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The government will not help Amy sue in civil court.

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The government will not help Amy sue in civil court.

Civil court has a government judge, but no government lawyers.

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Amy, the victim, will be the plaintiff.

Kelly, the stabber, will be the defendant.

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Example: Alan, on his way to work in the morning, crashed his car into the back of Bob’s car.

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Example: Alan, on his way to work in the morning, crashed his car into the back of Bob’s car.If Alan was drunk or impaired, this would be a crime.

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Example: Alan, on his way to work in the morning, crashed his car into the back of Bob’s car.Is an ordinary car accident a crime?

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Example: Alan, on his way to work in the morning, crashed his car into the back of Bob’s car.Is an ordinary car accident a crime?Should Alan be arrested and go to jail?

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Example: Alan, on his way to work in the morning, crashed his car into the back of Bob’s car.Bob wants money.

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Example: Alan, on his way to work in the morning, crashed his car into the back of Bob’s car.Bob wants money.Money to fix his car.

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Example: Alan, on his way to work in the morning, crashed his car into the back of Bob’s car.Drunk driving is a crime.A car accident a tort.

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A “tort” is an action that you can sue someone for.

A tort usually involves personal injury, (usually either physical or financial).

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1. Intentional tort2. Unintentional tort

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Battery Vandalism Defamation (slander, libel) Money disputes

I did the work; she didn’t pay me They didn’t pay the rent

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Negligence

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This is an example of baby talk.

Some teenagers say, “It really wasn’t my fault. It was just an accident.”

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In the grown-up world we have the idea of negligence.

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In the grown-up world we have the idea of negligence.You are negligent if you should have been more careful.

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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.

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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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1. Plaintiff files a complaint

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1. Plaintiff files a complaint2. Complaint and summons delivered to

defendant

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1. Plaintiff files a complaint2. Complaint and summons delivered to

defendant3. Defendant responds with an answer

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1. Plaintiff files a complaint2. Complaint and summons delivered to

defendant3. Defendant responds with an answer

a) Defendant may also respond with a cross-complaint (a “countersuit”)

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1. Plaintiff files a complaint2. Complaint and summons delivered to

defendant3. Defendant responds with an answer

a) Defendant may also respond with a cross-complaint (a “countersuit”)

b) Plaintiff responds to cross-complaint

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1. Plaintiff files a complaint2. Complaint and summons delivered to

defendant3. Defendant responds with an answer

a) Defendant may also respond with a cross-complaint (a “countersuit”)

b) Plaintiff responds to cross-complaintAll of these papers sent to the

court are called

Pleadings65

1. Plaintiff files a complaint2. Complaint and summons delivered to

defendant3. Defendant responds with an answer

a) Defendant may also respond with a cross-complaint (a “countersuit”)

b) Plaintiff responds to cross-complaint4. Discovery

a) Depositions, interrogatories, requests for documents

5. Pre-Trial Hearing6. Trial

a) Only ¾ of jury need to agree66

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