Torts
A.K.A. civil law
What’s a Tort?
• Torts more or less means “wrongs”• Refers to civil laws• Based on both common law (decisions
made by judges) and by statutes• Plaintiff – harmed individual• Defendant – accused of doing harm to the
plaintiff• Damages – compensation (usually money)
that the defendant must give to the plaintiff
What’s the Difference between a Tort and a Crime?
• A crime is considered a wrong committed against society in general, even if there is a specific victim
• A tort is a wrong between two individuals
• In certain situations, an act can be a tort and a crime
Liability
• 2 main questions in torts
– Who is liable (responsible) for the harm caused?
– How much should the liable party have to pay?
– The damages paid by someone found liable are supposed to provide the injured party with something to make up for the harm done to them
What’s an Intentional Tort?
• actions taken to deliberately harm a person or his property
• In tort law, the desire to do harm is not the focus of the law, but rather the intent to commit the act that causes harm
• People found liable usually must pay damages to the plaintiff– Compensatory damages: compensates for harm done
by defendant (hospital bills, lost wages, pain & suffering)
– Nominal damages: symbolic amount of money to show that the plaintiff’s claim was justified
Other Types of Torts
• Negligence – harm is done when a person fails to use reasonable care– A city worker forgets to
replace a manhole cover, a pedestrian falls in and is injured
• Strict liability – person or company engages in such a dangerous activity that there is a serious risk of harm even when acting with utmost care– A person develops cancer
after working around a carcinogenic chemical required to perform his job
Settlements
• Occur when both parties meet and decide how to compensate the injured person
• 90% of torts are solved through settlements; they never make it to trial
• Lawyers will almost always try to settle before going to trial
Torts and the Courts
• Standard of proof – amount of evidence a plaintiff or prosecutor must present to win a case
• Preponderance of evidence – more than 50% of the evidence must fall in the plaintiff’s favor
• This is the civil law standard, it’s easier to meet than the criminal law standard
Who can be sued?
• Just about anyone- plaintiffs can also sue multiple defendants at once
• Multiple plaintiffs can sue a defendant together – this is called a class action
• People usually sue a person who they feel can pay for damages
• Children can be sued, but someone must prove that the child acted unreasonably for a person of that age and experience
Immunity
• Some people are immune, or protected, from certain types of torts
• Usually children can’t sue their parents and parents can’t sue their kids
• Certain government agencies and officials cannot be sued, either
• Some governments have waived, or given up, this immunity
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