Business Law Chapter 5 Civil Law & Procedure – Flashcards
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Criminal Law
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a wrong against society
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Civil (tort) law
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a wrong against an individual
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damages for a tort
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monetary award compensate the injured party for the wrong
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can an act be a tort and a crime?
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YES!!! ex. murder & reckless driving
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4 elements of a tort
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duty not to injure another violation of duty injury causation
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Duty not to injure another (element of tort)
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not to interfere with their property or economic rights most tort duties are defined by state law!
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Violation (breach) of duty
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*Intentional torts: breach of duty on purpose *negligence: breach of duty is not intentional; rather, due to one's carelessness *Injury: someone must be injured as a result of the breach of duty *Causation: breach of the duty caused the injury -proximate cause: when it is reasonably foreseeable that a breach of a duty will cause injury
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NO INJURY!
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NO TORT!
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General Rule
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all persons (including minors) are responsible for their own torts
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vicarious liability
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someone else is liable for another's tort
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Parental Responsiblity (Vicarious liability)
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parents may be liable for their children if they give them guns without proper instruction; or if their children vandalize property or damage property while driving
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Employer may be liable
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can be liable for employees tort... most common example
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Assult (I)
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threat of offensive or harmful bodily contact
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Battery (I)
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offensive or harmful physical contact with another
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False emprisonment (I)
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intentional confinment against a person's will
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Defamation (I)
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false statement injurying one's reputation Slander: spoken defamation Libel: written defamation
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Invasion of privacy (I)
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uninvited intrusion into one's relationships & activities
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Trespass on land (I)
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entry onto property of another without the owner's consent
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Conversion (I)
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exercise of control over another's property
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Interference with contractual relations (I)
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a third party to a contract encourages one to breach a contract
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Negligence (U)
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intent to injure is not required--only carelessness is required
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Four things required for negligence
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Duty-responsible person standard Breach of duty causation injury
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Defences of negligence
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Contributory negligence-if you contribute to an accident, you may not be able to recover anything if you or your property was harmed Comparative negligence- if you are partly at fault, you may recover some damages for your injury Assumption of risk-if you are aware of a danger, but you take the risk anyway, you may not recover damages for any injure you sustain
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Strict liability (U)
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liability that exists even though no intent to injure & no negligence occured
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Dangerous Activities (strict L)
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target practice, mixing chemicals. storing flammable goods
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Ownership of dangerous animals (strict L)
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pit pulls,tigers, snakes, piranha
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Sale of goods that are defective with may cause injury (strict L)
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the manufacturer or seller may be responsible to any buyer injured if a defective product causes harm
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Injunction
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court order directing a person to do or not do a particular act
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Damages
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monetary award to an injured party to compensate for loss
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Contingency fees
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lawyers get a percent of the recovery; 25% if case settled before trial, 33% if won at trial, 40% if won on appeal
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Punitive damages
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damages designed to punish & make an example to deter others; is a remedy for an intention tort, but not for other torts or contract law disputes
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Jury
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6-12 citizens who look at the facts of a case
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Plaintiff
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person filing a complaint
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Defendent
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an individual or group being sued or charged with a crime
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Judge
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may decide both issues of fact & law if no jury; if jury then judge decides any issue of law while jury decides issue of fact
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Opening statements
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evidence presented, witnesses documents records pics
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Testimony
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statements by the witnesses under oath witness: someone who has knowledge about the facts expert witness: superior knowlede ex. doctor
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subpoena
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a court order by judge requiring appearance and testimony
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Closing arguement
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each attorney summarizes the case
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Instructions to jury
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judge tells jury what rules of law to apply to the case & what issues of fact they decide
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Jury Deliberation
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standard of proof "Preponderance of the evidence" (if most evidence supports the case, plaintiff wins)
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Verdict
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jury's decision (10 of 12 votes must vote for plaintiff)
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Judgement
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final result of the trial
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IF plaintiff wins...
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defendant has to pay; if unable/unwilling a writ of execution is issued-- court can then seize property to pay
