Tort Law civil law

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Tort Law (civil law)

• Tort A wrong against an individual

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The United States Constitution
7th Amendment

• In Suits at common law, where the value in
  controversy shall exceed twenty dollars, the
  right of trial by jury shall be preserved, and no
  fact tried by a jury, shall be otherwise
  re-examined in any Court of the United States,
  than according to the rules of the common law

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Intentional Torts

• Where the defendant (actor) knew or should have
  known that his/her actions would harm the
  plaintiff (victim).

Tortfeasor someone who commits torts
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Types of Intentional Torts

• Assault
• Battery
• Trespass
• Conversion
• Intentional Infliction of emotional distress
• Invasion of privacy
• Fraud
• Defamation

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Assault

• Putting someone in immediate fear of life and
  limb (fear of physical harm)

Assault with a deadly weapon
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Battery

• Unlawful touching (with or without a weapon)

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Trespass

• Interference with the victims property

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Conversion

• Unauthorized use of property

• Copy write violations
• Patient violations
• 3.Using another's property without permission

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Intentional Infliction of Emotional Distress

• Extreme or outrageous behavior that causes severe
  emotional distress

Examples

• Telling someone a relative died (a lie)
• Emotional Abuse
• Harassment

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Invasion of Privacy

• Prevents stalkers, wiretaps, computer hackers
• Placing someone in a false light

Example Doctored pictures
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Fraud

• Using deceit, to trick people out of their money
  (liar), or things of value.

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Defamation

• Destruction of someones reputation
• Libel is written defamation
• Slander is oral defamation

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Unintentional Torts

• Negligence
• Strict Liability

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Negligence

• Failing to do, or not do, what a reasonably
  prudent person would do in the same situation.

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Strict Liability

• Unusually dangerous activities
• Liability even if the defendant is not at fault

• Using explosives, harboring dangerous animals,
  having toxic materials.
• Product liability (defective products)

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