law for business and personal use © thomson south-western chapter 5 civil law and procedure...
TRANSCRIPT
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
CHAPTER 5Civil Law and Procedure
5-1 Private Injuries vs. Public Offenses
5-2 Intentional Torts, Negligence, and Strict Liability
5-3 Civil Procedure
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 2
5-15-1 Private Injuries vs. Public Offenses
GOALS Distinguish a crime from a tort Identify the elements of torts Explain why one person may be
responsible for another’s tort
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 3
FOCUS
What is a tort? What is the difference between crimes
and torts?
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 4
HOW DO CRIMES AND TORTS DIFFER?
Offense against society Offense against individual damages
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 5
What is the difference between a crime and a tort?
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 6
ELEMENTS OF A TORT
Duty Violation of the duty Injury Causation
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 7
Name the four elements of a tort.
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 8
RESPONSIBILITY FOR ANOTHER’S TORTS
Vicarious liability
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 9
What parties might be held responsible for another person’s tort?
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 10
5-25-2 Intentional Torts, Negligence, and Strict Liability
GOALS Identify common intentional torts Recognize the elements of negligence Explain the basis for strict liability
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 11
FOCUS
What things are unique about the intentional torts?
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 12
WHAT ARE THE MOST COMMON INTENTIONAL TORTS?
Assault Battery False imprisonment Defamation Invasion of privacy Trespass to land Conversion Interference with contractual relations Fraud
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 13
Name at least six of the nine most common intentional torts.
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 14
WHAT CONSTITUTES NEGLIGENCE?
Duty imposed by negligence Breach of duty Causation and injury Defenses to negligence
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 15
Name the four elements that must be proven for an act to be negligent.
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 16
WHY IS STRICT LIABILITY NECESSARY?
Engaging in abnormally dangerous activities
Owning dangerous animals Selling unreasonably dangerous goods
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 17
What is strict liability and why is it necessary?
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 18
5-35-3 Civil Procedure
GOALS State the legal remedies that are
available to a tort victim Describe the procedure used to try a
civil case Explain how civil damages are
collected
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 19
FOCUS
What remedies are available in a civil suit?
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 20
REMEDIES AVAILABLE IN A CIVIL SUIT
Injunction Damages
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 21
Name the two remedies available in a civil suit.
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 22
WHAT PROCEDURE IS USED TO TRY A CIVIL CASE?
Judge or jury Opening statements and testimony Closing arguments and instructions to
the jury Jury deliberation and the verdict
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 23
List the steps in the procedure used to try a civil case.
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 24
HOW ARE CIVIL DAMAGES COLLECTED?
Defendant is ordered to pay Writ of execution
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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western
Chapter 5Slide 25
How does a plaintiff collect damages if the defendant refuses to pay?