Robert I, Duke of Normandy. 22 June July 1035

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3 Robert I, Duke of Normandy 22 June July 1035

7 Speak French here!

11 TORQUE WRENCHES TORTURE

12 And yay how he strucketh me upon the bodkin with great force Ye Olde Medieval Courte Speaketh French, Idiot!

13 Precedent Stare decisis

15 Overview of Tort Law Tort: wrongful act causing injury to another person or damage to another s property. Tort law: law dealing with private wrongs and affecting individuals rather than society as a whole. 15

16 Overview of Tort Law Criminal law is primarily statutory. Tort law is still connected to common law and has evolved from particular cases. 16

17 Classification of Torts Intentional torts. Torts resulting from negligence. Torts based on the concept of strict liability. All persons, including minors, are legally responsible for their torts. 17

18 Intentional Torts Intentional tort: when one person deliberately inflicts injury to another person or damages that person s property. 18

19 Assault and Battery Assault: unlawfully threatening another person. Battery: unlawfully striking another person. 19

20 False Imprisonment False imprisonment: unlawfully restricting a person s freedom of movement. 20

21 False Arrest False arrest: unauthorized detainment by an officer of the law. 21

22 Infliction of Emotional Distress Infliction of emotional distress: when one person s extreme conduct causes severe mental suffering in another; also called outrage. 22

23 Defamation Defamation: oral or written false statements that injure a person s reputation. 23

24 Invasion of Privacy Invasion of privacy: violating one s right to be left alone. Use without consent. Intrusion. Wrongful disclosure. Publicity that creates a false impression. 24

25 Wrongful Death Wrongful death: wrongful act that causes the death of another. Can be either intentional or unintentional. 25

26 Malicious Prosecution Malicious prosecution: wrongfully initiating a lawsuit against one who has done no wrong. 26

27 Fraud Fraud: deliberate false statement or concealment of a material fact. 27

28 Interference With Contractual Relations Interference with contractual relations: intentional procuring of breach of a valid contract. 28

29 Trespass Trespass: illegally entering or remaining on the property of another. A person who owns real property generally owns a reasonable amount of the air space above the land. 29

30 Conversion Conversion: wrongfully exercising control or ownership over another s personal property. Conversion also occurs when someone purchases stolen property and then, after a proper demand is made, refuses to return it to its rightful owner. 30

31 Nuisance Nuisance: use of one s property to annoy or disturb others. The courts tend to consider the effect of the act on the average person and the commonsense realities of the situation. 31

32 Injunction Injunction: court order forbidding a person from doing a certain act. 32

33 Theft of Trade Secrets Theft of trade secrets: unlawfully acquiring information vital to a business. 33

34 Defenses to Intentional Torts 1. Consent. 2. Privilege. 3. Necessity. 34

35 Torts Resulting From Negligence Negligence: breach of a legal duty to act carefully, resulting in injury to another or damage to another s property. 35

36 Duty Breach Cause Injury

37 Torts Resulting From Negligence Negligence: breach of a legal duty to act carefully, resulting in injury to another or damage to another s property. 37

38 Torts Resulting From Negligence A person bringing a lawsuit for negligence must prove certain elements: 1. The defendant had a legal duty to act carefully. 2. The defendant breached the duty to act carefully. 38

39 Torts Resulting From Negligence 3. The defendant s failure to act carefully proximately caused the plaintiff s (person suing) injury. 4. The defendant s negligence caused the plaintiff to suffer physical injury or damage. 39

41 Malpractice Malpractice: professional s improper or immoral conduct in performing duties done intentionally or through carelessness or ignorance. 41

42 Defenses to Negligence Contributory negligence: defense that injured party s negligence led to injury. Comparative negligence: comparing the negligence of the injured party and the one being sued. 42

43 Strict Liability in Tort Strict liability: legal responsibility for harm done to another even when there is no proof of fault on the part of the party that caused the harm. 43

44 Some things are so dangerous, you pay for injury no matter how careful you are.

45 Cyber Torts Cyber Torts: wrongful acts causing personal injury or damage committed on the Internet. 45

47 Online Defamation Defamation laws are enforceable in the virtual world just as they are in the real world. 47

48 Online Privacy Very personal information has become a valuable commodity. Employers rights to view employees . Eavesdropping on cellular phone conversations. 48

49 Remedies for Torts Damages: money paid by a defendant to a successful plaintiff in civil cases to compensate the plaintiff for his or her injuries. Compensatory damages: actual measurable damages. 49

50 Remedies for Torts Punitive damages: damages imposed upon a wrongdoer as punishment for intentionally committing a wrongful act. 50

51 Tort Litigation Reform Easy money in injury lawsuits is gone. Steps have even been taken in many states to scale back on how much people bringing lawsuits can recover. Caps on damages for plaintiffs. 51

52 Personal Injury Hypothetical An attorney should inform the client about potential out-of-court settlements. Hourly, flat-rate, contingency fees. Is litigation the last resort? 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 52

53 Primary Steps in a Civil Suit 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 53

54 Civil Procedures 1. Complaint. 2. Answer. 3. Pretrial proceedings. 4. Trial. 5. Judgment. 6. Appeal. 7. Constitutional guarantees Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 54

55 Criminal Procedures 1. Arrest. 2. Initial appearance. 3. Preliminary hearing. 4. Grand jury proceeding. 5. Arraignment. 6. Pretrial proceedings Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 55

56 Criminal Procedures (cont d) 7. Trial. 8. Sentence. 9. Appeal. 10. Constitutional guarantees Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 56

57 Anatomy of a Lawsuit How a lawsuit begins: 1. Summons. 2. Complaint. 3. Answer Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 57

Complaint Complaint: document listing the details of a lawsuit being filed and the relief sought. 2011 Cengage Learning.

58 Complaint Complaint: document listing the details of a lawsuit being filed and the relief sought Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 58

59 Summons Summons: written notification to the defendant that a lawsuit has been filed Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 59

60 Plaintiff v Defendant Plaintiff: one who brings a legal action. Defendant: party against whom criminal charges or a lawsuit is brought Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 60

61 Answer Answer: formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 61

62 Pleadings Pleadings: complaint and answers taken together Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 62

63 Pretrial Proceedings Before trial, both parties have a chance to develop their case. 1. Motions. 2. Discovery. 3. Pretrial conference Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 63

64 Motion Motion: request to a judge for a ruling on a point of law Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 64

65 Summary Judgment Summary judgment: motion for immediate judgment filed by either plaintiff or defendant, based on the information in the complaint and the answer Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 65

66 Discovery Discovery: pretrial steps taken to learn the details of the case Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 66

67 Interrogatories Interrogatories: series of written questions directed to the adversary in a civil trial who must answer by written replies made under oath Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 67

68 Deposition Deposition: a witness s sworn statement in writing containing out of- court testimony Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 68

69 Pretrial Conference Pretrial conference: hearing before a trial in which parties discuss the facts; may lead to settlement of the case Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 69

70 The Trial Lawsuits that are not settled in the pretrial conference are placed on the docket, or calendar of cases to be heard Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 70

71 Jury? The first step is the selection of a jury, if the parties have requested one. Petit jurors: jurors for a civil or criminal trial Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 71

72 Voir Dire Questioning of potential jurors by the judge and opposing attorneys to determine prior knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 72

73 Removal for Cause Removal for cause: dismissal of a prospective juror during the selection process because of the juror s inability to be impartial Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 73

74 Peremptory Challenge Peremptory challenge: right of each attorney in a court case to dismiss a prospective juror arbitrarily Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 74

75 Evidence Evidence: information submitted in testimony that is used to persuade a judge and/or jury to decide the case for one side or the other Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 75

76 Direct Examination Direct examination: questioning a witness by the attorney who called the witness Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 76

77 Subpoena Subpoena: court order requiring testimony in a case Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 77

78 Cross-Examination Cross-examination: questioning a witness by the attorney who did not produce the witness Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 78

79 Trial Outcomes Verdict: decision of a jury. Judgment: official decision by a judge in a lawsuit tried without a jury. Adjudicated: judgment in a lawsuit Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 79

80 Posttrial Proceedings The losing party has options. Generally the loser is entitled to one appeal. Appeals can be very expensive, and attorney s fees can be as much as 45%, instead of the usual 33% Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 80

81 Alternatives to Litigation Some alternative dispute resolution (ADR) programs: Arbitration Mediation Minitrial, summary jury trial, private trial Informal settlement between the parties Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 81

82 Arbitration Arbitration: nonjudicial determination of a dispute by a third party rather than by a judge or jury. Award: binding decision in an arbitration Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 82

83 Mediation Mediation: intervention by a third person to settle a dispute between two parties Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 83

84 Other Types of ADR Minitrial: Lawyers present their cases to a neutral party, usually a retired judge, who helps the parties reach a settlement. Summary jury trial: used for cases that would normally be heard by a jury Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 84

85 Other Types of ADR (cont d) Private trial: based on the rent-a-judge concept. The judge has the power to enter a legally binding judgment. Negotiation: parties privately discuss the disputes and attempt to find a mutually satisfactory solution Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 85

86 Online Dispute Resolution (ODR) ODR: provides the opportunities to employ the processes of arbitration, mediation, and negotiation in the online environment. Helps reduce requirements for time and expense Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 86

87 E-Filing Courts around the country are getting in on e- commerce. E-filing will play a major role in streamlining the litigation process in the courts and will potentially be a cost savings in most cases to law firms, the courts, and clients Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain 87

Particular Crimes can be grouped under 3 headings: Crimes against people Crimes against property Crimes against business interests

Criminal Law Particular Crimes can be grouped under 3 headings: Crimes against people Crimes against property Crimes against business interests Crimes Against People Murder unlawful killing of another