Robert I, Duke of Normandy 22 June 1000 1 3 July 1035
Speak French here!
TORQUE WRENCHES TORTURE
And yay how he strucketh me upon the bodkin with great force Ye Olde Medieval Courte Speaketh French, Idiot!
Precedent Stare decisis
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
Overview of Tort Law Criminal law is primarily statutory. Tort law is still connected to common law and has evolved from particular cases. 16
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
Intentional Torts Intentional tort: when one person deliberately inflicts injury to another person or damages that person s property. 18
Assault and Battery Assault: unlawfully threatening another person. Battery: unlawfully striking another person. 19
False Imprisonment False imprisonment: unlawfully restricting a person s freedom of movement. 20
False Arrest False arrest: unauthorized detainment by an officer of the law. 21
Infliction of Emotional Distress Infliction of emotional distress: when one person s extreme conduct causes severe mental suffering in another; also called outrage. 22
Defamation Defamation: oral or written false statements that injure a person s reputation. 23
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
Wrongful Death Wrongful death: wrongful act that causes the death of another. Can be either intentional or unintentional. 25
Malicious Prosecution Malicious prosecution: wrongfully initiating a lawsuit against one who has done no wrong. 26
Fraud Fraud: deliberate false statement or concealment of a material fact. 27
Interference With Contractual Relations Interference with contractual relations: intentional procuring of breach of a valid contract. 28
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
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
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
Injunction Injunction: court order forbidding a person from doing a certain act. 32
Theft of Trade Secrets Theft of trade secrets: unlawfully acquiring information vital to a business. 33
Defenses to Intentional Torts 1. Consent. 2. Privilege. 3. Necessity. 34
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
Duty Breach Cause Injury
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
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
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
Malpractice Malpractice: professional s improper or immoral conduct in performing duties done intentionally or through carelessness or ignorance. 41
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
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
Some things are so dangerous, you pay for injury no matter how careful you are.
Cyber Torts Cyber Torts: wrongful acts causing personal injury or damage committed on the Internet. 45
Online Defamation Defamation laws are enforceable in the virtual world just as they are in the real world. 47
Online Privacy Very personal information has become a valuable commodity. Employers rights to view employees email. Eavesdropping on cellular phone conversations. 48
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
Remedies for Torts Punitive damages: damages imposed upon a wrongdoer as punishment for intentionally committing a wrongful act. 50
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
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
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
Civil Procedures 1. Complaint. 2. Answer. 3. Pretrial proceedings. 4. Trial. 5. Judgment. 6. Appeal. 7. Constitutional guarantees. 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 54
Criminal Procedures 1. Arrest. 2. Initial appearance. 3. Preliminary hearing. 4. Grand jury proceeding. 5. Arraignment. 6. Pretrial proceedings. 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 55
Criminal Procedures (cont d) 7. Trial. 8. Sentence. 9. Appeal. 10. Constitutional guarantees. 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 56
Anatomy of a Lawsuit How a lawsuit begins: 1. Summons. 2. Complaint. 3. Answer. 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 57
Complaint Complaint: document listing the details of a lawsuit being filed and the relief sought. 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 58
Summons Summons: written notification to the defendant that a lawsuit has been filed. 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 59
Plaintiff v Defendant Plaintiff: one who brings a legal action. Defendant: party against whom criminal charges or a lawsuit is brought. 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 60
Answer Answer: formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. 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 61
Pleadings Pleadings: complaint and answers taken together. 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 62
Pretrial Proceedings Before trial, both parties have a chance to develop their case. 1. Motions. 2. Discovery. 3. Pretrial conference. 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 63
Motion Motion: request to a judge for a ruling on a point of law. 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 64
Summary Judgment Summary judgment: motion for immediate judgment filed by either plaintiff or defendant, based on the information in the complaint and the answer. 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 65
Discovery Discovery: pretrial steps taken to learn the details of the case. 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 66
Interrogatories Interrogatories: series of written questions directed to the adversary in a civil trial who must answer by written replies made under oath. 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 67
Deposition Deposition: a witness s sworn statement in writing containing out of- court testimony. 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 68
Pretrial Conference Pretrial conference: hearing before a trial in which parties discuss the facts; may lead to settlement of the case. 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 69
The Trial Lawsuits that are not settled in the pretrial conference are placed on the docket, or calendar of cases to be heard. 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 70
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. 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 71
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. 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 72
Removal for Cause Removal for cause: dismissal of a prospective juror during the selection process because of the juror s inability to be impartial. 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 73
Peremptory Challenge Peremptory challenge: right of each attorney in a court case to dismiss a prospective juror arbitrarily. 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 74
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. 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 75
Direct Examination Direct examination: questioning a witness by the attorney who called the witness. 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 76
Subpoena Subpoena: court order requiring testimony in a case. 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 77
Cross-Examination Cross-examination: questioning a witness by the attorney who did not produce the witness. 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 78
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. 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 79
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%. 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 80
Alternatives to Litigation Some alternative dispute resolution (ADR) programs: Arbitration Mediation Minitrial, summary jury trial, private trial Informal settlement between the parties. 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 81
Arbitration Arbitration: nonjudicial determination of a dispute by a third party rather than by a judge or jury. Award: binding decision in an arbitration. 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 82
Mediation Mediation: intervention by a third person to settle a dispute between two parties. 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 83
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. 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 84
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. 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 85
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. 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 86
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. 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 87