L&J #1 Intro Fall2008

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Transcript of L&J #1 Intro Fall2008

Welcome to Law & Justice

Welcome to Law & Justice

Fall 2008-09Fall 2008-09

Gateway cheerleader, 16, slainGateway cheerleader, 16, slain

A 16-year-old girl was stabbed to death last evening by a teenage friend, who then apparently tried to kill himself by slashing his throat, Monroeville police said.Authorities did not release the name of the stabbing victim. But David Falvo, husband of Gateway school board President Cindy Falvo, said his wife knew the victim was Demi Cuccia, who would have been a junior at Gateway High School and a member of the cheerleading team.

Dangerous Sex Offenders Captured !!

Dangerous Sex Offenders Captured !!

Boys face the possibility of some jail time or registering for life as sex offenders.

Boys face the possibility of some jail time or registering for life as sex offenders.

Cory Mashburn and Ryan Cornelison, both 13, were arrested in February after they were caught in the halls of Patton Middle School, in McMinnville, Ore., slapping girls on the rear end. Mashburn told ABC News in a phone interview that this was a common way of saying hello practiced by lots of kids at the school, akin to a secret handshake.

The boys spent five days in a juvenile detention facility and were charged with several counts of felony sex abuse for what they and their parents said was merely inappropriate but not criminal behavior.

Cory Mashburn and Ryan Cornelison, both 13, were arrested in February after they were caught in the halls of Patton Middle School, in McMinnville, Ore., slapping girls on the rear end. Mashburn told ABC News in a phone interview that this was a common way of saying hello practiced by lots of kids at the school, akin to a secret handshake.

The boys spent five days in a juvenile detention facility and were charged with several counts of felony sex abuse for what they and their parents said was merely inappropriate but not criminal behavior.

Charges DismissedCharges Dismissed

Both boys stood, turning from the judge, to address their Patton Middle School classmates in the galley."Girls, if I offended you or your parents, I'm sorry," Cornelison said. "I hope we still can be friends."

Under the settlements, called a civil compromise, the girls received financial compensation and asked to withdraw from the criminal case. The boys agreed to publicly apologize in court for their behavior.

'I'm Being Sued for WHAT?''I'm Being Sued for WHAT?'

Is somebody getting taken to the cleaners?

A $10 dry cleaning bill for a pair of trousers has ballooned into a $67 million civil lawsuit.

"Satisfaction Guaranteed."

The Plaintiff- Judge Roy PearsonThe Plaintiff- Judge Roy Pearson

He says in court papers that he has endured "mental suffering, inconvenience and discomfort."

He says he was unable to wear that favorite suit on his first day of work.

He's suing for 10 years of weekend car rentals so he can transport his dry cleaning to another store.

The lawsuit is based in large part on Pearson's seemingly pained admission that he was taken in by the oldest and most insidious marketing tool in the dry cleaning industry arsenal.

Using a complicated formula, Judge Pearson argues that under the city’s consumer protection law, the owners, Soo and Jin Chung and their son, Ki Chung, each owe $18,000 for each day over a nearly four-year period in which signs at their store promised “Same Day Service” and “Satisfaction Guaranteed.” In opening statements, Judge Pearson cast himself as a victim of a fraud on a historic scale, perpetrated by malicious business owners who had no intention of delivering on those promises.

Using a complicated formula, Judge Pearson argues that under the city’s consumer protection law, the owners, Soo and Jin Chung and their son, Ki Chung, each owe $18,000 for each day over a nearly four-year period in which signs at their store promised “Same Day Service” and “Satisfaction Guaranteed.” In opening statements, Judge Pearson cast himself as a victim of a fraud on a historic scale, perpetrated by malicious business owners who had no intention of delivering on those promises.

Soo and Jin Chung Soo and Jin Chung

The PantsThe Pants

Custom CleanersCustom Cleaners

You’re a high school student.You’re a high school student.

Summoned to a classroom No one will/can tell you about the class. Anyone who knows about the class is excused and can’t get credit

for the class. Can’t ask questions Can’t take notes You are not told the length of the class. At the end of the class you will be graded. You are not told what the criteria for the grade will be based upon. The final exam has 1 question. Everyone in the class must agree on

the answer.

Summoned to a classroom No one will/can tell you about the class. Anyone who knows about the class is excused and can’t get credit

for the class. Can’t ask questions Can’t take notes You are not told the length of the class. At the end of the class you will be graded. You are not told what the criteria for the grade will be based upon. The final exam has 1 question. Everyone in the class must agree on

the answer.

The evidence clearly seemed to point to the defendant's guilt.

The evidence clearly seemed to point to the defendant's guilt.

Police PursuitPolice Pursuit

Is it too dangerous to pursue a fleeing suspect or is it too dangerous not to do so?

Shoot or don’t shoot? What is the appropriate amount of force to

use with a combatant suspect, especially one who may be harmed?

Is it too dangerous to pursue a fleeing suspect or is it too dangerous not to do so?

Shoot or don’t shoot? What is the appropriate amount of force to

use with a combatant suspect, especially one who may be harmed?

The Trials of Los Angeles Police Officers' in Connection with the Beating of Rodney

King

The Trials of Los Angeles Police Officers' in Connection with the Beating of Rodney

King

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O.J. SimpsonGuilty?

Innocent?More info?

O.J. SimpsonGuilty?

Innocent?More info?

Nicole Brown Simpson & Ron Goldman Brutally Slashed

Nicole Brown Simpson & Ron Goldman Brutally Slashed

Justice is … ActivityJustice is … Activity

Review the various quotes. Combine/ select and author your definition

to share with the class.

Review the various quotes. Combine/ select and author your definition

to share with the class.

Justice is….Justice is….

Describe two characteristics of “Lady Justice” that illustrate our society’s view of justice.

Describe two characteristics of “Lady Justice” that illustrate our society’s view of justice.QuickTime™ and a

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Justice is…..Justice is…..

“….justly represented blind, because she sees no difference in the parties concerned. She has but one scale and weight, for rich and poor, great and small. Her sentence is not guided by the person, but the cause….. Impartiality is the life of justice, as that is of government.”

William Penn

“….justly represented blind, because she sees no difference in the parties concerned. She has but one scale and weight, for rich and poor, great and small. Her sentence is not guided by the person, but the cause….. Impartiality is the life of justice, as that is of government.”

William Penn

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Justice is…… Justice is……

“Injustice anywhere is a threat to justice everywhere.”Martin Luther King Jr.

“Injustice anywhere is a threat to justice everywhere.”Martin Luther King Jr.

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Justice Justice

“The best and only safe road to honor, glory, and true dignity is justice.” George Washington

“The best and only safe road to honor, glory, and true dignity is justice.” George Washington

JusticeJustice

“Justice is the end of government. It is the end of civil society.” James Madison

“Justice is the end of government. It is the end of civil society.” James Madison

Balanced & Restorative Justice (BARJ)

Balanced & Restorative Justice (BARJ)

Community, victim, and offender should receive balanced attention.

All three should gain tangible benefits from their interactions with the juvenile justice system

Guiding philosophy of Juvenile Justice today. Promotes maximum and equal involvement of:

a. victim, b. the offender, c. and the community in the justice process.

Community, victim, and offender should receive balanced attention.

All three should gain tangible benefits from their interactions with the juvenile justice system

Guiding philosophy of Juvenile Justice today. Promotes maximum and equal involvement of:

a. victim, b. the offender, c. and the community in the justice process.

Law & JusticeLaw & Justice

Provides students with hands on citizenship skills and advanced knowledge of how our legal system works.

Police officers Attorneys Simulations including: police stops, K9 searches, Criminal court, Shuman Center, County Jail

Provides students with hands on citizenship skills and advanced knowledge of how our legal system works.

Police officers Attorneys Simulations including: police stops, K9 searches, Criminal court, Shuman Center, County Jail

Class RulesClass Rules

3 P’s (prompt, prepared and polite) In your seat at the bell Admission slip (excused)/E.D. Green Slip Prior permission ( e.g. guidance,field trips ) Attendance log Make-up work time parameters (2 days) LTQ - Listen, Think, Question Appropriate attire (student handbook) Turn off your cell phone BEFORE entering the class. Grades: points, standard %,class participation, homework,

tests bonus

3 P’s (prompt, prepared and polite) In your seat at the bell Admission slip (excused)/E.D. Green Slip Prior permission ( e.g. guidance,field trips ) Attendance log Make-up work time parameters (2 days) LTQ - Listen, Think, Question Appropriate attire (student handbook) Turn off your cell phone BEFORE entering the class. Grades: points, standard %,class participation, homework,

tests bonus

L&J Bingo Ice BreakerEverything we do is influenced or affected by law.

L&J Bingo Ice BreakerEverything we do is influenced or affected by law.

List two examples of the influence of law in our daily lives for each of the following topics:

Movies- TV Programs- Sports- Music- Personal Experiences-

List two examples of the influence of law in our daily lives for each of the following topics:

Movies- TV Programs- Sports- Music- Personal Experiences-

LawLaw

Has your understanding about laws and our legal system changed since the first day of class? How? Explain & give examples.

What is law? How would you define the concept?

Has your understanding about laws and our legal system changed since the first day of class? How? Explain & give examples.

What is law? How would you define the concept?

Law is…..Law is…..

Rules and regulations Made and enforced by the government

(local,state, federal) legislative branch Regulate the conduct of people within a

society.

Rules and regulations Made and enforced by the government

(local,state, federal) legislative branch Regulate the conduct of people within a

society.

Examples of laws include…Examples of laws include…

Laws include:Laws include:

1. Civil 2. Criminal

1. Civil 2. Criminal

Criminal LawsCriminal Laws

Wrongs against society. Wrongs to individual citizens’ safety and property State (Commonwealth) V Defendant The act is known as a crime. Statutes define regulated conduct Crimes include: Examples of crimes include: murder,rape, robbery, theft

Wrongs against society. Wrongs to individual citizens’ safety and property State (Commonwealth) V Defendant The act is known as a crime. Statutes define regulated conduct Crimes include: Examples of crimes include: murder,rape, robbery, theft

How are Crimes Classified?How are Crimes Classified?

Crimes are classified into three categories according to the penalty and seriousness of the offense

felonies -most serious misdemeanors- less serious summary offenses (traffic tickets, #6308)

Crimes are classified into three categories according to the penalty and seriousness of the offense

felonies -most serious misdemeanors- less serious summary offenses (traffic tickets, #6308)

Civil LawsCivil Laws

Personal wrongs (as opposed to public wrongs/crimes)

Jones V Smith Provides the injured party with a remedy. Damages,interferes, injures a person’s

property, person, reputation.

Personal wrongs (as opposed to public wrongs/crimes)

Jones V Smith Provides the injured party with a remedy. Damages,interferes, injures a person’s

property, person, reputation.

Civil Law / TortsCivil Law / Torts

Merv Grazinski set his Winnebago on cruise control, slid away from the wheel and went back to fix a cup of coffee. You can guess what happened next: The rudderless, driverless Winnebago crashed. Grazinski blamed the manufacturer for not warning against such a maneuver in the owner's manual. He sued and won $1.75 million.

Merv Grazinski set his Winnebago on cruise control, slid away from the wheel and went back to fix a cup of coffee. You can guess what happened next: The rudderless, driverless Winnebago crashed. Grazinski blamed the manufacturer for not warning against such a maneuver in the owner's manual. He sued and won $1.75 million.

Civil Law / TortsCivil Law / Torts

Amber Carson of Lancaster , Pa. , who got into an argument with her boyfriend in a restaurant, threw a drink at him and then broke her tailbone when she slipped on the wet spot on the floor. Naturally, Carson sued - and won $113,500.

Amber Carson of Lancaster , Pa. , who got into an argument with her boyfriend in a restaurant, threw a drink at him and then broke her tailbone when she slipped on the wet spot on the floor. Naturally, Carson sued - and won $113,500.

Civil Law / TortsCivil Law / Torts

Kara Walton, a Delaware woman so eager to avoid a $3.50 cover charge that she tried sneaking into a nightclub through a bathroom window but fell and lost a couple of teeth. Walton sued and won $12,000 plus payment of dental bills.

Kara Walton, a Delaware woman so eager to avoid a $3.50 cover charge that she tried sneaking into a nightclub through a bathroom window but fell and lost a couple of teeth. Walton sued and won $12,000 plus payment of dental bills.

Types of Civil LawTypes of Civil Law

Agricultural law Animal law Aviation & aerospace law Bankruptcy law business law(contracts) Corporate law Environmental law Intellectual law Land use law Tax law

Agricultural law Animal law Aviation & aerospace law Bankruptcy law business law(contracts) Corporate law Environmental law Intellectual law Land use law Tax law

Personal injury law International law Toxic tort law Military law Torts/negligence Professional malpractice Securities law

Personal injury law International law Toxic tort law Military law Torts/negligence Professional malpractice Securities law

HomicideHomicide

One person kills another person Accidental (non-criminal) Justifiable Criminal

Murder manslaughter

One person kills another person Accidental (non-criminal) Justifiable Criminal

Murder manslaughter

Criminal HomicideCriminal Homicide

Coroner determines the cause of death and may conduct an INQUEST to determine if criminal charges should be filed.

Homicide = one person kills another person Murder1= homicide + malice (deliberate

intent) + premeditation Murder 3 = homicide + malice/ intent to kill

Coroner determines the cause of death and may conduct an INQUEST to determine if criminal charges should be filed.

Homicide = one person kills another person Murder1= homicide + malice (deliberate

intent) + premeditation Murder 3 = homicide + malice/ intent to kill

Criminal HomicideCriminal Homicide

Manslaughter (Involuntary) - homicide + reckless life-threatening conduct (non-specific) Malice is NOT PRESENT

Voluntary Manslaughter-unreasonable (illegal) belief that a homicide is justified.

Malice is NOT PRESENT.

Manslaughter (Involuntary) - homicide + reckless life-threatening conduct (non-specific) Malice is NOT PRESENT

Voluntary Manslaughter-unreasonable (illegal) belief that a homicide is justified.

Malice is NOT PRESENT.

Homicide QuizHomicide Quiz

Crimes Against the Person Quiz

1.____ Homicide 2.____ 1st Degree Murder 3.____ 2nd Degree Murder 4.____ 3rd Degree Murder 5.____Voluntary M. 6.____Murder 7.____ Involuntary M.

Crimes Against the Person Quiz

1.____ Homicide 2.____ 1st Degree Murder 3.____ 2nd Degree Murder 4.____ 3rd Degree Murder 5.____Voluntary M. 6.____Murder 7.____ Involuntary M.

A. Intentional killing with malice B. A death occurs during the

commission of a felony (burglary, arson, robbery)

C. A death occurs as a result of gross criminal negligence

D. One person kills another person E. The actor believes that their

actions(killing) is justifiable. F.Planned, premeditated and done

with malice G. A person kills themselves

A. Intentional killing with malice B. A death occurs during the

commission of a felony (burglary, arson, robbery)

C. A death occurs as a result of gross criminal negligence

D. One person kills another person E. The actor believes that their

actions(killing) is justifiable. F.Planned, premeditated and done

with malice G. A person kills themselves

Stella Liebeck V McDonald'sa.k.a. The Hot Coffee Case

Stella Liebeck V McDonald'sa.k.a. The Hot Coffee Case

In February, 1992, a 79 year-old woman from Albuquerque, New Mexico, ordered coffee from the drive thru of a local McDonald’s restaurant, which she then spilled on her lap. Mrs. Liebeck was not driving the vehicle.The hot coffee burned her (third degree burns), and she subsequently sued McDonald’s. In 1994, a jury awarded her 2.9 million dollars in damages.

In February, 1992, a 79 year-old woman from Albuquerque, New Mexico, ordered coffee from the drive thru of a local McDonald’s restaurant, which she then spilled on her lap. Mrs. Liebeck was not driving the vehicle.The hot coffee burned her (third degree burns), and she subsequently sued McDonald’s. In 1994, a jury awarded her 2.9 million dollars in damages.

Stella should be compensated for her injuries.

Stella should be compensated for her injuries.

Rank your position on a continuum scale and explain your reasoning for the location of your mark.

5 strongly 4 3 2 1 strongly agree disagree

Explanation

Rank your position on a continuum scale and explain your reasoning for the location of your mark.

5 strongly 4 3 2 1 strongly agree disagree

Explanation

Grounds for a LawsuitGrounds for a Lawsuit

Who is Stella Liebeck? What happened to her? What are the arguments made by the plaintiff? What are the arguments made by the defendant? What are the compensatory and punitive damage awards? Does Stella have a case? What is your analysis of the facts? _______ had a more convincing case because.. Civil case burden of proof is a: Preponderance of the evidence.

Who is Stella Liebeck? What happened to her? What are the arguments made by the plaintiff? What are the arguments made by the defendant? What are the compensatory and punitive damage awards? Does Stella have a case? What is your analysis of the facts? _______ had a more convincing case because.. Civil case burden of proof is a: Preponderance of the evidence.

McDonald's CoffeeIs the product defective?

McDonald's CoffeeIs the product defective?

Product liability Wrongs do not depend on the degree of

carefulness by the defendant. A defendant is liable (responsible) when it

is shown that the product is defective (unsafe).

If there is a defect in the product that causes harm, he or she will be liable for it.

Product liability Wrongs do not depend on the degree of

carefulness by the defendant. A defendant is liable (responsible) when it

is shown that the product is defective (unsafe).

If there is a defect in the product that causes harm, he or she will be liable for it.

Stella & McDonald'sStella & McDonald's

Describe the facts (testimony and evidence) that would indicate that the product was unsafe? Safe?

List the witnesses that are described in the reading for each side in the case.

Identify any evidence that could be introduced during the trial.

Describe the facts (testimony and evidence) that would indicate that the product was unsafe? Safe?

List the witnesses that are described in the reading for each side in the case.

Identify any evidence that could be introduced during the trial.

DamagesDamages

The sum of money which the law imposes for a breach of some duty or violation of some right.

There are two types of damages: 1. Compensatory damages 2. Punitive damages

The sum of money which the law imposes for a breach of some duty or violation of some right.

There are two types of damages: 1. Compensatory damages 2. Punitive damages

Compensatory DamagesCompensatory Damages

Are intended to compensate the injured party for his/her loss, damage or injury.

Two parts include specific damages and pain and suffering.

Are intended to compensate the injured party for his/her loss, damage or injury.

Two parts include specific damages and pain and suffering.

Punitive DamagesPunitive Damages

Compensate in excess of the actual damages.

Used to punish the offender Historically awarded to discourage

intentional wrongdoing and reckless misconduct

Compensate in excess of the actual damages.

Used to punish the offender Historically awarded to discourage

intentional wrongdoing and reckless misconduct

Tort LawTort Law

The rules that govern civil wrongs are called tort law. A tort occurs when one person causes injury to another

person, or to another’s property or reputation. Tort law provides the injured party with a REMEDY,

something to make up for what was lost. Cost / benefit analysis (value to society v harm) Tort law deals with questions such as:

1. Who should be responsible (liable), for harm caused by human activities?

2. How much should the responsible person have to pay?

The rules that govern civil wrongs are called tort law. A tort occurs when one person causes injury to another

person, or to another’s property or reputation. Tort law provides the injured party with a REMEDY,

something to make up for what was lost. Cost / benefit analysis (value to society v harm) Tort law deals with questions such as:

1. Who should be responsible (liable), for harm caused by human activities?

2. How much should the responsible person have to pay?

Key Q Civil Justice Criminal Justice

What interests are protected?

Who are the parties?

Standard of Proof

What are the penalties

The Civil and Criminal Justice Systems

The Civil and Criminal Justice Systems

Key Q Civil Justice Criminal Justice

What interests are protected?

Wrongs Against individuals

Wrongs against society

Who are the parties?

Standard of Proof

What are the penalties

The Civil and Criminal Justice Systems

The Civil and Criminal Justice Systems

Key Q Civil Justice Criminal Justice

What interests are protected?

Wrongs Against individuals

Wrongs against society

Who are the parties?

Plaintiff & defendantJones V Smith

Prosecutor state V defendant

Standard of Proof

What are the penalties

The Civil and Criminal Justice Systems

The Civil and Criminal Justice Systems

Key Q Civil Justice Criminal Justice

What interests are protected?

Wrongs Against individuals

Wrongs against society

Who are the parties?

Plaintiff & defendantJones V Smith

Prosecutor state V defendant

Standard of Proof

Preponderance of evidence

Beyond a reasonable doubt

What are the penalties

The Civil and Criminal Justice Systems

The Civil and Criminal Justice Systems

Key Q Civil Justice Criminal Justice

What interests are protected?

Wrongs Against individuals

Wrongs against society

Who are the parties?

Plaintiff & defendantJones V Smith

Prosecutor state V defendant

Standard of Proof

Preponderance of evidence

Beyond a reasonable doubt

What are the penalties

Money damages

Jail, prison, fine,

The Civil and Criminal Justice Systems

The Civil and Criminal Justice Systems

A.Criminal, B.Civil Law or C.both

A.Criminal, B.Civil Law or C.both

1. Regulate public conduct 2. Preponderance of evidence 3. Plaintiff 4. Defendant 5. Compensation 6. Jail, prison 7. Felony 8. Beyond a reasonable doubt 9.underage drinking 10. Zero tolerance

1. Regulate public conduct 2. Preponderance of evidence 3. Plaintiff 4. Defendant 5. Compensation 6. Jail, prison 7. Felony 8. Beyond a reasonable doubt 9.underage drinking 10. Zero tolerance

Street Law TermsCivil Law

Street Law TermsCivil Law

Tort Plaintiff Defendant Judgment Damages 2 basic questions that tort law

deals with are: Remedy Liability Settlement Jones V Clinton

Tort Plaintiff Defendant Judgment Damages 2 basic questions that tort law

deals with are: Remedy Liability Settlement Jones V Clinton

Tort law balances __ with __ Tort law preserves__ Immunity Waiver- __ are immune from lawsuits Class action suits Contingency fee Compensatory damages Punitive damages Negligence / 4 parts include: Comparative negligence Assumption of risk

Tort law balances __ with __ Tort law preserves__ Immunity Waiver- __ are immune from lawsuits Class action suits Contingency fee Compensatory damages Punitive damages Negligence / 4 parts include: Comparative negligence Assumption of risk

Criminal Law VocabCriminal Law Vocab

Crime Prosecutor District Attorney Burden of Proof Proof Beyond A

Reasonable Doubt Bench Trial Coroner Inquest hearing

Crime Prosecutor District Attorney Burden of Proof Proof Beyond A

Reasonable Doubt Bench Trial Coroner Inquest hearing

Jury Trial Commonwealth V Sagan Homicide Murder Manslaughter Unanimous decision Bench trial Felony Misdemeanor Summary offense

Jury Trial Commonwealth V Sagan Homicide Murder Manslaughter Unanimous decision Bench trial Felony Misdemeanor Summary offense

Civil Law? Criminal Law?Both?Civil Law? Criminal Law?Both?

1. Crime 2. Compensatory damages 3. Negligence 4. Involuntary manslaughter 5.Jury trial 6. Preponderance of evidence 7. lawsuit 8.prosecutor 9. Defendant 10. Felony 11. Assumption of risk 12. Commonwealth v Sagan

1. Crime 2. Compensatory damages 3. Negligence 4. Involuntary manslaughter 5.Jury trial 6. Preponderance of evidence 7. lawsuit 8.prosecutor 9. Defendant 10. Felony 11. Assumption of risk 12. Commonwealth v Sagan

13. Summary offense 14. Bench trial 15. Coroner 16. District attorney 17. guilty 18. A more convincing case 19. TARP 20. Negligence 21. Beyond a reasonable doubt 22.Sagan V Mohr 23. Murder 24. Stella Liebeck 25. Ricky Delrio 26. Punitive damages 27. Fine, prison 28. judge

13. Summary offense 14. Bench trial 15. Coroner 16. District attorney 17. guilty 18. A more convincing case 19. TARP 20. Negligence 21. Beyond a reasonable doubt 22.Sagan V Mohr 23. Murder 24. Stella Liebeck 25. Ricky Delrio 26. Punitive damages 27. Fine, prison 28. judge

Street Law TextStreet Law Text

Criminal Law Pages 96-102 Chapter 8 Pages 103-106 Chapter 9 Civil Law Pages 196-208 Chapter 17 Pages 216-218 Chapter 18 Pages 238-249 Chapter 19 Pages 260-263 Chapter 21

Criminal Law Pages 96-102 Chapter 8 Pages 103-106 Chapter 9 Civil Law Pages 196-208 Chapter 17 Pages 216-218 Chapter 18 Pages 238-249 Chapter 19 Pages 260-263 Chapter 21

NegligenceNegligence

The most common tort (civil) action Is conduct that falls below the standard established

by law. This standard is called TARP (The Average

Reasonable Person) Does a person’s conduct create an unreasonable

risk of harm? Four elements: duty, breach of duty, causation,

damages

The most common tort (civil) action Is conduct that falls below the standard established

by law. This standard is called TARP (The Average

Reasonable Person) Does a person’s conduct create an unreasonable

risk of harm? Four elements: duty, breach of duty, causation,

damages

Comparative NegligenceComparative Negligence

A finding that the plaintiff was partly at fault.

Therefore, the plaintiff does not deserve full compensation for his injuries.

Based on %. For instance, if 40% of the accident was the plaintiff’s fault, the plaintiff’s damages are reduced by 40%.

A finding that the plaintiff was partly at fault.

Therefore, the plaintiff does not deserve full compensation for his injuries.

Based on %. For instance, if 40% of the accident was the plaintiff’s fault, the plaintiff’s damages are reduced by 40%.