Torts- BUL6444 - TORTS I. Distinguish between civil and...

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TORTS I. Distinguish between civil and criminal law. Tort suits are CIVIL suits. Some intentional torts are also criminal acts. A. Criminal Cases: a prosecution by the state (gov’t) against defendants for violating the laws passed by legislative bodies. Punitive in nature: the purpose is to punish those who violate society’s rules. The standard of proof in a criminal case is “beyond a reasonable doubt”. B. Civil Cases: Persons injured by the actions of others sue for damages to Compensate for the injuries they have sustained. The standard of proof in a civil case is “preponderance of the evidence”. C. The US Constitution’s “double jeopardy” clause does not prohibit bringing both a criminal & civil case. “Double jeopardy” applies to criminal prosecutions ONLY. II. Torts Fall into Three Categories: A. Intentional Torts: These torts require proof of INTENT. The intent necessary is the intent to do the act , not the intent to do the harm . B. Negligence: These torts require proof of four elements; but basically we are concerned with unintentional acts of carelessness that result in harm to
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This note was uploaded on 09/21/2011 for the course BUL 6444 taught by Professor Tessitore,j during the Spring '08 term at University of Central Florida.

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Torts- BUL6444 - TORTS I. Distinguish between civil and...

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