Civil Law

Civil LawRegulate relations between

individuals or groups of individualsRegulate everyday situations

Marriage, divorce, contracts, real estate, insurance, negligence

Civil action – lawsuit brought by a person who feels wronged or injured by another person

CIVIL LAWTORT LAW

Tort = twisted, slanted Applies when a person or an

organization causes injury to another person, their property or their reputation

Questions asked in Civil Law

Who is responsible for the harm caused by the activity-human or not?

How much should they pay for the lack of care?

Will the party’s go to court or will they settle out of court?

Civil Law TermsPlaintiff = the injured partyDefendant = the alleged wrong doerContingency fee = how civil lawyers

are paidBased on a % of what the plaintiff

wins in the case.

Civil Law Terms

Remedies/damages = something to make-up for what is lost. Usually in the form of money. I want a remedy for the loss of my eye

sight. The damages the client wants is 3

million. Injunctions = requiring a person to

stop/or to do something

Civil Law Terms

Deep pockets = those who have the money or best able to payNot minors

Class Action suits = people joining together to fight a big companyUsually have a better chance of winning,

but the amount received by the plaintiff’s is less

Civil Law Terms Liability = failure to exercise reasonable

care. Does something he/she is NOT

supposed to do. (battery)Does something he/she IS supposed to

do. (snow removal)Does something he/she IS supposed to

do, but in a careless manner. (daycare)

#1 Identify: Plaintiff, Defendant and should they pay damages

Fourteen year old Carrie is babysitting for 4 year old Jill. Carrie leaves Jill in the living room and goes into the kitchen to call her boyfriend. From the kitchen she can hear, but can’t see Jill. While she is away, Jill falls off a chair and is hurt.

#2 Identify: Plaintiff, Defendant and should they pay damagesBen a high school football

player, tackles a teammate in practice. When the teammate hits the ground, his shoulder is separated.

#3 Identify: Plaintiff, Defendant and should they pay damages Mr. Smith owns a large apartment

building. When his janitors wax the floor, they place a 12 inch sign that reads: “Caution wet floors”. Mrs. Green is hurrying home from shopping carrying her groceries. She does not see the sign and slips and falls on the floor. She injures her knee.

#4 Identify: Plaintiff, Defendant and should they pay damages

Matt and Susan were sitting in the upper deck behind first base at a major league baseball game. A foul ball hit by their team’s player bounces off a railing, smacking Matt in the head giving him a concussion.

#5 Identify: Plaintiff, Defendant and should they pay damages

John the life guard at an area pool had stayed up late the night before. Sleepy, John had a hard time staying awake when he was on his guard stand. Nodding off from time to time, John didn’t see the girl getting into trouble in the deep end of the pool. The girl drowns.

#6 Identify Plaintiff, Defendant and should they pay damages

Mike the school bus driver, has a heart attack while driving the school bus. The school bus slams into a wall, injuring several of the students. One month earlier Mike’s doctor had warned him of his heart condition.

#7 Identify: Plaintiff, Defendant and should they pay damages

Janet, an expert auto mechanic, continues to drive her car even though she knows that the brake linings are badly worn. Driving on a rain-slicked road at night, she skids into a bicyclist who is riding one foot away from the right curb.

3 Kinds of Torts

1. Intentionaldeliberately wants to harm a person,

their property, or their reputation. Assault = threats or attempt to commit

harm. Battery = intentional unlawful physical

contact without consent Defamation = maliciously making false

statements (slander- spoken; libel – written)

Trespassing = owner can receive damages even if no harm was committed.

2. Negligentfailure to take reasonable care causing

harm to a person or property.Duty = defendant owes an amount of

care to the plaintiff. Breach = violation of the duty.Reasonable person standard = the

behavior of how a person should act. Likeliness, seriousness and burden in

avoiding harm.

3. Strict liability

an act that is so dangerous that there is a serious risk of harm even if he/she acts with the utmost care.

Owners of animals-ALL kindsPeople involved in dangerous

activities/jobs. Manufactures/sellers of dangerous

materials

Defense to Torts Intentional

Self defense = can’t be excessive Consent = in a battery charge for fighting.

Negligent Contributory = plaintiff at fault for own harm Comparative = percentage of fault placed on

both parties. Assumption = plaintiff knew activity had risks.

Strict liability Labeling, waiving liability, signs…

How damages are paid…

Compensatory damages = payment for lost wages, future losses, pain and suffering. To compensate/make up for a loss.

Punitive damages = amounts so large that it punishes the person/company for willful or outrageous acts. Not for negligent suits. 3 million dollars

Nominal damages = payment of a $1.00. To bring attention to the public. Could lead to punitive damages.

Keeping out of Court Negotiations = working toward a settlement. Mediation = local programs to settle dispute.

Not binding like a contract, usually used in neighborhood disputes.

Arbitration = rules and settles the dispute. Legal and binding. Both parties agree to the

outcome. Malpractice Insurance= covers doctors and

other professionals in the medical field for liability claims arising from their treatment of patients.

Keeping out of Court Insurance = the companies will sue each

other rather than the individuals suing each other. Premiums = the amount of money you pay to the

insurance company for coverage. It is a contract between you and the insurance company.

Deductibles = the amount of money you have to pay to get your car or house fixed.

Higher deductibles cause your premiums to go down in price. Lower deductibles higher premiums.

Keeping out of Court Liability insurance = pays for damages

to the plaintiff’s home, self/others and may include representation (lawyers). Will not pay to fix defendant’s car!! Limits are placed on amount of

money/damages paid per person or group. 10/20/5 $10,000 per person for injury $20,000 per accident for all personal injuries. $5,000 per accident for property damages

Keeping out of CourtComprehensive coverage =

protects against damages or loss to your car from causes other than collision.Vandalism, weather, theft, fire

Uninsured motorist = protects you from other drivers who do not have insurance or not enough insurance.

Keeping out of Court

No-fault insurance = your insurance company pays for the injuries you received regardless of fault.Only covers personal injuries.Limits on the dollar amount paid.

Collision coverage = pays for damages even if the accident was your fault.