Tort
A judge will instruct a jury that a tort is usually defined as a wrong for which the law will provide a remedy, most often in the form of money damages. The law does not remedy all “wrongs.” The preceding definition of tort does not reveal the underlying principles that divide wrongs in the legal sphere from those in the moral sphere.
Intentional Tort
Intentional torts arise from intentional acts,…. imply some fault on the part of the defendant.
Negligent Tort
Imply some fault on the part of the defendant,….. damages are usually limited to making the victim whole through an enforceable judgment for money damages.
Strict Liability Tort
There may be no fault at all, but tort law will sometimes require a defendant to make up for the victim’s losses even where the defendant was not careless and did not intend to do harm…….. damages are usually limited to making the victim whole through an enforceable judgment for money damages.
Fault
Blameworthiness
Willful Conduct
If the defendant (often called the tortfeasor—i.e., the one committing the tort) intentionally injures another, there is little argument about tort liability. Thus all crimes resulting in injury to a person or property (murder, assault, arson, etc.) are also torts, and the plaintiff may bring a separate lawsuit to recover damages for injuries to his person, family, or property.
Tortfeasor
The defendant (often called the tortfeasor—i.e., the one committing the tort).
Harm to the person- give tort examples
Assault, battery, infliction of emotional distress, negligent exposure to toxic pollutants, wrongful death.
Harm to property- give tort examples
Trespass, nuisance, arson, interference with contract.
Assumption of Risk
A third element in the law of torts is the excuse for committing an apparent wrong…. One common rule of exculpation is assumption of risk.
Dimensions of Tort Liability
Fault, type of injury, type of damages & excuses.
Compensatory Damages
Expressed in money terms, these include replacement of property destroyed, compensation for lost wages, reimbursement for medical expenses, and dollars that are supposed to approximate the pain that is suffered.
Punitive Damages
Courts will permit an award of punitive damages. As the word punitive implies, the purpose is to punish the defendant’s actions. Because a punitive award (sometimes called exemplary damages) is at odds with the general purpose of tort law, it is allowable only in aggravated situations.
How are Crimes Defined?-
A crime is an act against the people as a whole. Society punishes the murderer; it does not usually compensate the family of the victim.
Felony
A felony is a crime punishable (usually) by imprisonment of more than one year or by death.
Misdemeanors
All other crimes are usually known as misdemeanors, petty offenses, or infractions.
Homicide
Homicide is the killing of one person by another.
Assault and Battery (criminal)-
Battery—the unlawful application of force to another person. Criminal assault is an attempt to commit a battery or the deliberate placing of another in fear of receiving an immediate battery.
Larceny
The wrongful “taking and carrying away of the personal property of another with intent to steal the same.”
Robbery
Defined as larceny from a person by means of violence or intimidation.
Embezzlement
The thief gains possession or ownership without any consent of the owner or custodian of the property.
Forgery
Forgery is false writing of a document of legal significance (or apparent legal significance!) with intent to defraud.
Extortion
Under common law, extortion could only be committed by a government official, who corruptly collected an unlawful fee under color of office. Under modern statutes, the crime of extortion has been broadened to include the wrongful collection of money or something else of value by anyone by means of a threat (short of a threat of immediate physical violence, for such a threat would make the demand an act of robbery).
List the 4 Offenses against Habitation
Burglary, arson, bribery & perjury.
