Understanding Basic Legal Concepts Review
This content covers essential legal terminology such as crime, tort, intentional vs. unintentional torts, defamation, libel, slander, and elements of negligence in an easy-to-understand format. It provides definitions and explanations regarding fundamental legal principles that are crucial for anyone interested in law.
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Presentation Transcript
1 Ch. 4 Law Review Worksheet
2 Define the word crime An act against the public
3 Name of the person who commits a crime. criminal
4 Define the word tort Act against the rights of the people.
5 Name of the person who commits a tort. tortfeasor
6 The Laws of Tort are based on the Rights of the People. Right to be free from bodily harm. Right to enjoy a good reputation. Right to conduct business without unwarranted interference. Right to have ones property free from damage or trespass. Rights that arise because of special circumstances.
7 Intentional vs. Unintentional Tort Intentional Tort A wrong that occurs when a person knows and desires the consequences of his/her act. Unintentional Tort Determination of mind is lacking.
8 Sample Intentional Torts Assault Battery Trespass Nuisance Defamation Libel Slander Invasion of Privacy
9 What is defamation? The wrongful act of injuring another person s reputation while making false statements. Libel and Slander
10 What is libel? False statement in written or printed form that injures that person s reputation or reflects negatively on that person s character. Libel = letter
11 What is slander? Similar to libel, except that the false statement is made orally to the third party. Slander = spoken
12 3 Elements of Negligence 1. Duty of Care 2. Breach of Duty 3. Proximate Cause 4. Actual Harm All 4 MUST be proven for there to be a negligence suit.
If you are the plaintiff in a negligence case how many elements of negligence do you want to be proven? 13 All 4
If you are the defendant in a negligence case, what is the minimum number of elements you want to be eliminated? 14 one
15 Which tort is present in an automobile accident? negligence
16 Contributory vs. Comparative Negligence Comparative Negligence Negligence on each party is compared. The amount of the plaintiff s recovery is reduced by the % of his/her negligence. 50% Rule your negligence must not be over 50%. If it is you receive NOTHING. Contributory Negligence Negligence on the part of the plaintiff that assisted in causing his/her injuries. ANY degree of negligence on part of the plaintiff causes them to lose the lawsuit. Many states no longer follow this.
17 What is strict liability? Ultra dangerous activities such as using explosives and keeping wild animals as pets. The risk is of such a nature that no amount of case will eliminate that risk. The law will not apply the principles of Negligence nor the Rules of Intentional Torts.
18 Milton Taylor pointed a gun at Jane Tate and said to her, I hate you and I m going to shoot you! Tate left. Taylor claims he did not commit a tort because he did not shoot Tate. Is he correct? NO TORT OF ASSAULT
Wendy Horgan discovered a car parked on the side of the road with keys left in it. Seeing no one around, she got in the car, started it up, and drove it away. She abandoned the car about two hours later when it ran out of gas. Did she commit a tort? YES UNAUTHORIZED TAKING OF PERSONAL PROPERTY. 19
20 Edmund Mann entered a vacant house without the permission of the owner. The house was owned by Donald Subich. Mann was caught by Subich who claimed he had the right to bring a lawsuit against Mann for trespass. Mann argues that there was no trespass because there was no injury to Subich s property. Is Mann correct? NO TRESPASS INJURY FROM THE UNWELCOME PRESENCE OF ANOTHER.
21 Peter Kiezulas negligently drove his speed boat into a group of swimmers. The swimmers, however, were in a place that they were not suppose to be. The jury found that Kiezulas was negligent and assessed damages at $50,000. However, it also found that the swimmers were 20 percent negligent in contributing to their own injuries. Under comparative negligence guidelines, do the swimmers recover any of the damages awarded by the court? YES COMPARATIVE NEGLIGENCE THEY WILL RECEIVE 80 % OF $50,000 ($40,000)
22 Jamey Wieninger wanted to remove some tree stumps on his property. He was very careful in setting the explosive charges. Nevertheless, some of the debris from the explosion damaged Harry Loman s car. Will Wieninger have to reimburse Loman? YES STRICT LIABILITY ULTRA-HAZARDOUS ACTIVITIES
