PA310_Unit1.pptx - PA 310 Tort Law Tort Law Overview...

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PA 310 Tort Law
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Tort Law Overview Purpose of tort law: compensate victims by holding tortfeasors accountable for causing injuries Plaintiff in tort cases: private party Plaintiff in criminal cases: government/prosecutors Focus on this course: civil cases in tort (not criminal law)
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Main Categories of Torts Intentional torts Negligence Nuisance Strict liability
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Tort Litigation Pleadings: 1. Complaint (filed by plaintiff) 2. Answer (filed by defendant) The complaint is the first pleading in a civil lawsuit.
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Examples of Intentional Torts assault battery false imprisonment intentional infliction of emotional distress fraud misrepresentation malicious prosecution abuse of process defamation (libel/slander) Note: Negligence and strict liability are NOT intentional torts
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Intentional Torts vs. Negligence common element: intent negligence: failure to exercise reasonable care intentional tort: conduct that is fashioned to harm another person or his or her property.
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Assault same act can lead to both criminal prosecution and a civil action in tort focus on civil assault
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Assault An attempt by one person to make harmful or offensive contact with another individual without consent. Actual physical contact is not necessary Assault is distinguishable from battery in that no physical contact is required.
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Assault: Reasonable Apprehension apprehension: a person reasonably fears for his or her physical safety in anticipation of being struck by an unconsented, harmful, or dissatisfied contact applicable to assault cases
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Example of Assault/Apprehension John points a gun at Jane and threatens to shoot Jane yelling that he is going to kill her.
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