LS 500

Unit Nine

Town Hall

Saturday, February 11, 2012

John Gray jpgray@kaplan.edu

Welcome!

Are there any questions about the material in this unit?

Please, feel free to email at any time. My email is above on this slide.

We do not have a town hall in unit ten.

Today, our town hall subject involves a look at “common law” in general and tort law in particular.

Most of the world today has a “civil law” legal system as its legal history. In such a system, case precedent does not mean very much.

England had the idea of developing a system of judicial decisions that would be the “common law” of the British empire. This goal was never fully realized, as the British empire declined and it lost most of its colonies, including what is now most of the U.S. The “common law” was the judge-made law of England about 350 years ago. No one follows it today, as it was then, not even the British. But this legal system is part of our legal history. Give definition of burglary, and discussion how it has changed with the times.

Precedent, the idea that prior cases can serve as statements of law for other cases, is a British legal idea that come to this country with people from that region.

Under tort law, an injured party Under tort law, an injured party

can bring a can bring a civil lawsuitcivil lawsuit to seek to seek

compensation for a wrong done to compensation for a wrong done to

the party or the party’s property.the party or the party’s property.

Breaches of contract are not torts.Breaches of contract are not torts.

Punitive damages, a crucial Punitive damages, a crucial

difference between torts, which difference between torts, which

allows them, and contract actions allows them, and contract actions

which do not. which do not.

Tort law imposes a duty on persons and business agents not to intentionally or negligently injure others in society.

When a duty required by tort law is violated, and injury results, often suit for damages are filed.

Types of damages are: nominal, compensatory and punitive.

We have intentional torts, We have intentional torts, negligence torts and strict liability negligence torts and strict liability torts. There is no such thing as torts. There is no such thing as intentional negligence, they are intentional negligence, they are mutually exclusive.mutually exclusive.

There are two categories of There are two categories of intentional torts:intentional torts:

Intentional torts against Intentional torts against personspersons

Intentional torts against Intentional torts against propertyproperty

Battery (an intentional tort)Battery (an intentional tort)Unauthorized and harmful or offensive Unauthorized and harmful or offensive physical contact with another person.physical contact with another person.Actual physical contact is unnecessary.Actual physical contact is unnecessary.

“False ImprisonmentFalse Imprisonment

The intentional confinement The intentional confinement or restraint of another person or restraint of another person without authority or without authority or justification and without that justification and without that person’s consent.person’s consent.

We have merchant We have merchant protections statutes due to protections statutes due to shoplifting issues.shoplifting issues.

Merchant Protection Statutes –Merchant Protection Statutes – allow allow merchants to stop, detain, and merchants to stop, detain, and investigate suspected shoplifters without investigate suspected shoplifters without being held liable for false imprisonment being held liable for false imprisonment if:if:

There are reasonable grounds for the There are reasonable grounds for the suspicion,suspicion,Suspects are detained for only a reasonable Suspects are detained for only a reasonable time, andtime, andInvestigations are conducted in a reasonable Investigations are conducted in a reasonable manner.manner.

Defamation of CharacterDefamation of CharacterFalse statement(s) made by one person False statement(s) made by one person about another. The plaintiff must prove about another. The plaintiff must prove that:that:

The defendant made an an The defendant made an an untrue untrue statement of factstatement of fact about the plaintiff; and about the plaintiff; andThe statement was intentionally or The statement was intentionally or accidentally accidentally publishedpublished to a third party. to a third party.

Defamation of Defamation of CharacterCharacter (continued)(continued)

Slander –Slander – oral oral defamation of defamation of character.character.

Libel –Libel – a false a false statement that appears statement that appears in a letter, newspaper, in a letter, newspaper, magazine, book, magazine, book, photo, video, etc.photo, video, etc.

In In New York Times v. Sullivan,New York Times v. Sullivan, the the U.S. Supreme Court held that public U.S. Supreme Court held that public officials cannot recover for defamation officials cannot recover for defamation unless they can prove that the defendant unless they can prove that the defendant acted with acted with actual maliceactual malice..Public officials is interpreted to mean Public officials is interpreted to mean public characters…this includes anyone public characters…this includes anyone who has run for public office, those on who has run for public office, those on TV on a regular basis, movie stars, etc.TV on a regular basis, movie stars, etc.

Intentional Infliction of Emotional Intentional Infliction of Emotional DistressDistress

A tort that says a person whose A tort that says a person whose extreme and outrageousextreme and outrageous conduct conduct intentionally or recklessly causes intentionally or recklessly causes severe emotional distress to another severe emotional distress to another person is liable for that emotional person is liable for that emotional distress.distress.

Also known as the Also known as the tort of outragetort of outrage..

Some states have a tort called, Some states have a tort called, negligent infliction of emotional negligent infliction of emotional distress. States do not always have distress. States do not always have exactly the same torts.exactly the same torts.

Trespass to LandTrespass to Land

A tort that interferes with an A tort that interferes with an

owner’s right to exclusive owner’s right to exclusive

possession of land. This possession of land. This

includes what is over and under includes what is over and under

the land as well as what is on it. the land as well as what is on it.

Conversion of Personal Conversion of Personal PropertyProperty

A tort that deprives a true owner A tort that deprives a true owner of the use and enjoyment of his or of the use and enjoyment of his or her personal property by:her personal property by:

Taking over such property; Taking over such property; andand

Exercising ownership rights Exercising ownership rights over it.over it.

This tort is the civil side of the This tort is the civil side of the crime of theft. crime of theft.

Negligence (this includes car Negligence (this includes car accidents, and many other things accidents, and many other things like them).like them).

The omission to do something which a The omission to do something which a reasonable person would do; orreasonable person would do; or

Doing something which a prudent and Doing something which a prudent and reasonable man would not do.reasonable man would not do.

To win a negligence suit, the plaintiff must To win a negligence suit, the plaintiff must prove that:prove that:

1.1. The defendant owed a The defendant owed a duty of careduty of care to to the plaintiffthe plaintiff

2.2. The defendant The defendant breachedbreached the duty of the duty of carecare

3.3. The plaintiff suffered The plaintiff suffered injuryinjury

4.4. The defendant’sThe defendant’s negligent act negligent act causedcaused the plaintiff’s injurythe plaintiff’s injury

All of these elements are required for the All of these elements are required for the plaintiff to win. By duty above, we plaintiff to win. By duty above, we mean a legal duty, not just a moral one. mean a legal duty, not just a moral one.

Duty of Care –Duty of Care – the obligation we the obligation we all each other not to cause any all each other not to cause any unreasonable harm or risk of harm.unreasonable harm or risk of harm.

The courts apply a The courts apply a reasonable reasonable person standard.person standard.

Defendants with a particular Defendants with a particular expertise or competence are expertise or competence are measured against a measured against a reasonable reasonable professional standardprofessional standard..

Strict liability torts are those that Strict liability torts are those that impose liability regardless of whether impose liability regardless of whether anyone was actually at fault. They as anyone was actually at fault. They as so dangerous, that if someone so dangerous, that if someone undertakes to do them and a mishap undertakes to do them and a mishap occurs, the person who took the action occurs, the person who took the action is held responsible. Examples: is held responsible. Examples: dynamite blasting, imploding dynamite blasting, imploding buildings, etc.buildings, etc.

Our tort system has these British Our tort system has these British based classifications to this day. based classifications to this day.

Questions/comments, thanks, JGQuestions/comments, thanks, JG