Pre-Learning Question

1
Section 4.1
2
Pre-Learning Question
What is the difference between criminal law and
tort law?
3
The Difference Between Criminal Law and Tort Law

• A crime is an act against not only a specific
  individual, but the general welfare, as well.
• A tort is a private wrong committed by one person
  against another.

4
The Difference Between Criminal Law and Tort Law
A tort will lead the wronged party to try and
recover money as compensation for the loss or
injury suffered.
5
The Difference Between Criminal Law and Tort Law
A tort does not, however, call upon the
government to punish the wrongdoer.
6
The Concept of Rights

• The law of torts is grounded in the concept of
  rights.
• Under tort law all people are entitled to certain
  rights.

7
The Concept of Rights
These include the right to

• be free from bodily harm.
• enjoy a good reputation
• conduct business without unwarranted interference

8
The Concept of Rights

• The law imposes a duty on all of us to respect
  the rights of others.
• Tort law governs this interplay between rights
  and duties.

9
Pre-Learning Question
What is an intentional tort?
10
Intentional Torts

• Torts can be committed either intentionally or
  unintentionally.
• An intentional tort occurs when a person knows
  and desires the consequences of his or her act.

11
Assault and Battery

• The tort of assault occurs when one person
  deliberately leads another person to believe that
  he or she is about to be harmed.
• The tort of battery involves the unlawful,
  unprivileged touching of another person.

12
Assault and Battery
The tort of assault is different from the crime
of assault.

• The victim of a tort assault must know that the
  tortfeasor meant to commit harm.
• A tortfeasor is the person who committed the
  tort.

13
Trespass
A trespass is the wrongful damage to or
interference with the property of another.
14
Nuisance
The tort of nuisance is anything that interferes
with the enjoyment of life or property.
15
Raymond slapped his wife Charlotte while they
were arguing about child support. Which tort did
Raymond commitassault or battery?
16
ANSWER
Battery
17
False Imprisonment
Law enforcement officers must have probable cause
or a warrant to arrest someone, or they can be
sued for false imprisonment, or false arrest.
18
Defamation

• Defamation is the wrongful act of injuring
  anothers reputation by making false statements.
• Libel is a false statement in written form.
• Slander is a false statement made orally to a
  third party.

19
Which definition best describes tortfeasor?

1. a person charged with the crime of assault
2. a person charged with committing a tort
3. the attorney who represents a person accused of
   committing a tort

20
ANSWER
A person charged with committing a tort
21
Invasion of Privacy
Invasion of privacy is interfering with a
persons right to be left alone, which includes
the right to be free from unwanted publicity and
interference with private matters.
22
Section 4.1 Assessment
Reviewing What You Learned

1. What is the difference between a crime and a tort?

23
Section 4.1 Assessment
Reviewing What You Learned
Answer
A crime is an offense against the public at
large. A tort is a private wrong committed by
one individual against another.
24
Section 4.1 Assessment
Reviewing What You Learned

1. What concept is at the heart of tort law?

25
Section 4.1 Assessment
Reviewing What You Learned
Answer
The law of torts is grounded in the concept of
rights.
26
Section 4.1 Assessment
Reviewing What You Learned

1. How can a tort be committed?

27
Section 4.1 Assessment
Reviewing What You Learned
Answer
A tort can be committed intentionally or
unintentionally.
28
Section 4.1 Assessment
Reviewing What You Learned

1. What are the most common intentional torts?

29
Section 4.1 Assessment
Reviewing What You Learned
Answer
Assault, battery, trespass, nuisance, false
imprisonment, defamation, and invasion of privacy.
30
End of Section 4.1