Criminal Law: crime against the state Civil Law: person commits
a wrong, not always a violation of law Plaintiff-the harmed
individual, seeks a judgment against the defendant, the accused
wrong doer. When can an action be a crime and a tort?
Slide 3
Criminal: beyond a reasonable doubt Civil: preponderance of the
evidence; more than 50% of the weight of the evidence must be in
the plaintiffs favor.
Slide 4
Who should responsible or liable for this harm? To make up for
the wrong doing, you would receive a remedy. What would be an
example of a remedy?
Slide 5
Legal Responsibility v. Moral Responsibility Settlement: when 2
parties come to an agreement without going to trial Kind of like a
civil plea bargain Most cases settle
Slide 6
Middle Ages: judges weighing usefulness of a n act against the
harm caused to another. Today: If the usefulness of a new drug
saves the lives of many cancer patients but causes the deaths of a
few, should pharmaceutical companies be liable for the deaths. What
about cigarettes? Balance individual choice v. community good
Slide 7
Intentional Negligence Strict Liability
Slide 8
When a person acts with the intent of injuring a person, his or
her property, or both
Slide 9
Most common type of tort! The failure to exercise a reasonable
amount of care in either doing or not doing something that results
in harm or injury to another person Drunk Driving, Malpractice are
examples.
Slide 10
The legal responsibility for damage or injury even if you are
not negligent owners of dangerous animals people who engage in
highly dangerous activities Manufacturers and sellers of defective
consumer products
Slide 11
Almost anyone can be sued: individuals, groups, businesses,
units of govt. Plaintiff vs. defendant (Money) To recover damages
from a minor, you have to prove that the child acted unreasonably
for a person of that age and experience. Usually the parents get
sued for negligence in the case of a minor
Slide 12
Some people are immune from tort suits. Kids cannot sue parents
Federal Tort Claims Act the government can be held liable for
negligent acts by its employees Citizens cannot sue for intentional
torts, but still can receive compensation
Slide 13
President, federal judges, and members of Congress are immune
from tort liability for acts carried out within their duties.
Slide 14
A person(s) representing a larger group Erin Brockovich For
Example: A company contaminates the drinking water of an entire
town, and a group of people from the town sue the company. After
the settlement, money will be divided among all the people in the
class action
Slide 15
Liability Insurance pays for injuries to other people, and
damage to property. Common in the workplace (doctors). Insurance
includes Premium Cost: your payments for the insurance The limit to
how much the insurance company will pay Requires the insurance
company to provide the person with an attorney to defend them in
court
Slide 16
OH requires ALL drivers to carry liability insurance to pay for
certain losses. Insurance can pay for the cost of repairing your
car, medical bills, lost wages, and pain and suffering from an
injury.
http://www.youtube.com/watch?v=thzUR_mq6OY&feature=relmfu
http://www.youtube.com/watch?v=thzUR_mq6OY&feature=relmfu
http://www.youtube.com/watch?v=hObgDUfPyqo&feature=relmfu
http://www.youtube.com/watch?v=hObgDUfPyqo&feature=relmfu
Slide 17
Insurance pays for injuries to other people and property if YOU
are responsible. What happens to your insurance when this happens?
Insurance policies have 3 limits on how much a person can collect A
limit on injuries per person A limit on total injuries to all
persons in an accident A limit on property damage per accident
Slide 18
Medical Coverage: pays for your own medical expenses resulting
from an accident, and passengers medical expenses too Collision
Coverage: pays for damage to your own car even if the accident was
your fault (pays up to the value of the car) Deductible: the amount
you agree to pay toward repairs before the insurance company pays
anything. The higher the deductible the less expensive the
collision insurance
Slide 19
No-Fault Coverage your own insurance company will pay up to a
certain amount for injuries you receive in an accident, regardless
of who is at fault. Requires you to waive your right to sue the
other party to recover any damages
Slide 20
Pays employees who are injured on the job, but gives up the
right to sue their employer. Perks They do not have to go to court
to prove the employer was at fault. Receive a portion of their
salary while they are unable to work
Slide 21
Slide 22
Cannot collect if you Are intoxicated/do drugs Didnt follow
safety regulations The amount of money rewarded is set by a state
schedule based on: Seriousness of the injury Amount of time the
worker is expected to be out of work The workers average weekly
wage
Slide 23
1. Worker notifies employer that they were injured on the job.
2. The employer may ask a doctor to verify the injury. 3. A claim
in filed. (Paperwork, tests, etc.) 4. The worker will receive a
workers compensation payment just like a paycheck until the
employee can return to work.