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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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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Chapter 5Slide 3

FOCUS

What is a tort? What is the difference between crimes

and torts?

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Chapter 5Slide 4

HOW DO CRIMES AND TORTS DIFFER?

Offense against society Offense against individual damages

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Chapter 5Slide 5

What is the difference between a crime and a tort?

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Chapter 5Slide 6

ELEMENTS OF A TORT

Duty Violation of the duty Injury Causation

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Chapter 5Slide 7

Name the four elements of a tort.

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Chapter 5Slide 8

RESPONSIBILITY FOR ANOTHER’S TORTS

Vicarious liability

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Chapter 5Slide 9

What parties might be held responsible for another person’s tort?

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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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Chapter 5Slide 11

FOCUS

What things are unique about the intentional torts?

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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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Chapter 5Slide 13

Name at least six of the nine most common intentional torts.

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Chapter 5Slide 14

WHAT CONSTITUTES NEGLIGENCE?

Duty imposed by negligence Breach of duty Causation and injury Defenses to negligence

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Chapter 5Slide 15

Name the four elements that must be proven for an act to be negligent.

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Chapter 5Slide 16

WHY IS STRICT LIABILITY NECESSARY?

Engaging in abnormally dangerous activities

Owning dangerous animals Selling unreasonably dangerous goods

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Chapter 5Slide 17

What is strict liability and why is it necessary?

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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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Chapter 5Slide 19

FOCUS

What remedies are available in a civil suit?

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Chapter 5Slide 20

REMEDIES AVAILABLE IN A CIVIL SUIT

Injunction Damages

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Chapter 5Slide 21

Name the two remedies available in a civil suit.

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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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Chapter 5Slide 23

List the steps in the procedure used to try a civil case.

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Chapter 5Slide 24

HOW ARE CIVIL DAMAGES COLLECTED?

Defendant is ordered to pay Writ of execution

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Chapter 5Slide 25

How does a plaintiff collect damages if the defendant refuses to pay?