complicated what valuable lessons should you learn from your experience once

Complicated what valuable lessons should you learn

This preview shows page 12 - 14 out of 66 pages.

complicated, what valuable lessons should you learn from your experience onceyour case has beenadjudicated(resolved in court)? You probably won’t be surprisedto learn that your roommate is liable for negligence in kicking over the paintbucket, but you may be dismayed to learn that you are, too. When it comes to theclaim of assault and battery, your roommate is also liable for that, but you may beprotected from liability. As for the damages that you’ll probably have to pay inorder to settle the homeowner’s negligence suit, you’ll be pleased to learn that youcan indeed write them off as “ordinary” business expenses (unless they’re paid byyour insurance company).As we work our way through this chapter, we’ll look a little more closely at thetypes of law involved in your case, but we’ll start by observing that, in at least onerespect, your roommate’s predicament can be more instructive than yours. That’sbecause assault and battery violates statutes established by two different types oflaw—criminalandcivil.Criminal LawIt’s acrimeto make unauthorized and harmful physical contact with another person(battery). In fact, it’s a crime even tothreatensuch contact (assault).Criminal law9prohibits and punishes wrongful conduct, such as assault and battery, murder,robbery, extortion, and fraud. In criminal cases, theplaintiff10—the party filing thecomplaint—is usually a government body acting as a representative of society. Thedefendant11—the party charged in the complaint—may be an individual (such asyour roommate) or an organization (such as a business). Criminal punishmentincludes fines, imprisonment, or both.Civil LawAssault and battery may also be a matter ofcivil law12—law governing disputesbetween private parties (again, individuals or organizations). In civil cases, theplaintiffsues thedefendantto obtain compensation for some wrong that thedefendant has allegedly done the plaintiff. Thus your roommate may be sued formonetary damages by the homeowner’s neighbor, with whom he madeunauthorized and harmful physical contact. 9. Body of law that prohibits and punishes wrongful conduct. 10. Party filing a legal complaint; in criminal law, usually a government body acting as a representative of society; in civil law, party suing to obtain compensation for wrong allegedly done by the defendant. 11. Party charged in a legal complaint; in criminal law, party against whom a criminal charge is brought; in civil law, party being sued for compensation for wrong allegedly done to plaintiff. 12. Body of law governing disputes between private parties. Chapter 16 The Legal and Regulatory Environment of Business 16.2 Criminal versus Civil Law 874
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Tort Law Complaints of assault and battery fall under a specific type of civil law called tort law . A tort 13 is a civil wrong—an injury done to someone’s person or property. The punishment in tort cases is the monetary compensation that the court orders the defendant to pay the plaintiff.
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